On November 1, 2023, the Prime Minister issued Decision No. 1277/QD-TTg approving the national mineral reserve areas ("Decision 1277") replacing Decision No. 645/QD-TTg dated May 6, 2014 ("Decision 645"). The Law on Minerals 2010 and Decree 51/2021/ND-CP clearly state the determination of national mineral reserve areas to store minerals necessary for sustainable development or ensuring economic efficiency and environmental protection. Accordingly, minerals in national mineral reserve areas must be strictly protected under the regulations as follows:
First, not to conduct exploration or exploitation of minerals subject to reserves in the national mineral reserve areas;
Secondly, failing to implement investment projects with long-term land use purposes, particular and grade I construction works (except for projects serving national interests) in the national mineral reserve areas;
Thirdly, organizations and individuals, when making dossiers of applications for approval of project investment policies in national mineral reserve areas, must adopt solutions to protect minerals subject to reserve.
Accordingly, some notable contents in Decision 1277 synthesized by ATA include:
1. To increase the number of national mineral reserve areas from 48 regions to 93 regions; specifically, some types of minerals are entitled to increase mineral reserve areas as follows:
+ Bauxite ore from 03 areas to 23 areas. The added areas are concentrated in Binh Dinh, Lam Dong, Dac Nong provinces
+ Laterite iron ore from 04 areas to 14 areas. The added areas are concentrated in Gia Lai and Dak Lak provinces.
+ White marble from 04 areas to 14 areas. The added areas are concentrated in Thanh Hoa province.
+ White sand from 02 areas to 15 areas. The added areas are concentrated in Quang Nam province.
The increase in national mineral reserve areas contributes to ensuring efficient and economical use of the country's non-renewable resources.
2. To strengthen the management of mineral reserve areas; accordingly, during the reserve period of national mineral reserve areas, the management and protection of unexploited minerals and implementation of investment projects in national mineral reserve areas must comply with the provisions of law and supplemented regulations, including:
+ Mineral exploration licenses and mineral exploitation licenses that have been licensed by competent agencies before the issuance date of 01/11/2023 but are not part of the reserve minerals mentioned in Decision 1277 shall continue to comply with the contents of the granted licenses and the provisions of the law on minerals.
+ Areas with minerals other than mineral reserves mentioned in Decision 1277 that have been included in relevant mineral plannings but have not yet licensed exploration and exploitation or have not been included in relevant mineral plannings shall be entitled to planning, licensing exploration, and exploitation by the law on minerals but must not affect minerals already It is designated as a national mineral reserve.
Decision 1277 takes effect from the date of its signing.
Comment: