Voters of Anh Son district petitioned on land improvement and lowering of ground level.

Reply:

Regarding this content, the Department of Natural Resources and Environment issued Official Dispatch No. 5525/STNMT-KS dated September 27, 2021 on resolving the opinions of voters of Anh Son district on land improvement and lowering of land in residential land and gardens of households. Specifically as follows:

1. For the improvement of residential land of households, it is implemented in accordance with the provisions of law on land management; in which, the part of minerals, soil and rocks used as common construction materials is located in the legal residential land area of ​​the household, specifically:

- Exploiting minerals for common construction materials in residential land areas under the land use rights of households and individuals to build works of households and individuals in that area: it is not required to apply for an exploitation license as prescribed in Point b, Clause 2, Article 64, Law on Minerals 2010.

- In case of exploiting minerals for common construction materials in the residential land area under the land use rights of households and individuals with surplus products of soil and stone minerals for common construction materials: Currently, there are no specific regulations of the 2010 Mineral Law and Decrees and Circulars guiding this issue. Therefore, it is recommended that the People's Committee of Anh Son district continue to carry out management work according to the provisions of law and the tasks assigned by the Provincial People's Committee, strictly prohibiting the abuse and exploitation of garden renovation to sell land for leveling, making bricks, etc.

For violations of regulations on mineral exploitation for common construction materials, it is not necessary to request a Mineral Exploitation License as prescribed in Article 43, Decree No. 36/2020/ND-CP dated March 24, 2020 of the Government.

2. For the renovation of ponds, lakes, dams, agricultural and forestry land, it shall be implemented in accordance with the provisions of law on land management, forestry, irrigation, environment, investment...; for the part of common construction material minerals (soil, rock) in the area of ​​the construction investment project that has been approved or permitted for investment by the competent State management agency, it shall be resolved as follows:

- Exploitation of common construction materials (soil, rock) in the area of ​​an investment project where the product only serves that project is only allowed after being approved by the Provincial People's Committee with a Registration Certificate or a written permission to implement according to Clause 2, Article 64 of the Law on Minerals; organizations and individuals that are allowed must pay fees for granting mineral exploitation rights and other related tax obligations according to regulations.

View of Anh Son district. Photo: Quang Dung

The dossier is submitted to the Reception and Result Delivery Department of the Department of Natural Resources and Environment (The dossier is prepared according to the administrative procedures announced by the Provincial People's Committee in Decision No. 810/QD-UBND dated March 29, 2021, look up on the website of the Department of Natural Resources and Environment of Nghe An province).

- Exploitation of common construction material minerals (soil, stone) in the area of ​​an investment project where the minerals do not serve the project (transportation for leveling, construction of other projects or sale to brick factories, etc.) is only allowed after the Provincial People's Committee issues an Exploitation License or written permission according to the provisions of Article 65, Law on Minerals 2010.

Recently, in Anh Son district, there has been a situation of taking advantage of land reclamation, garden hills, forestry land, pond, lake and dam renovation to sell common mineral products and construction materials without fully implementing legal procedures as prescribed, causing budget losses and violating the provisions of the law on mineral management.

The Provincial People's Committee continues to direct the People's Committee of Anh Son district to inspect, review and handle violations of relevant organizations and individuals according to the provisions of law; at the same time, perform the assigned tasks in Directive No. 04/CT-UBND dated March 27, 2017 on strengthening State management of mineral resources in the province; Decision No. 47/2017/QD-UBND dated June 1, 2017 on promulgating regulations on coordination of State management of minerals in the province; Decision No. 4182/QD-UBND dated September 12, 2017 promulgating the Plan to protect unexploited minerals in the province.