There is no basis for revoking the business license.

(Baonghean) - Recently, residents of Gia De hamlet (Nghia Dung commune, Tan Ky district) gathered in large numbers to protest because they disagreed with a company's sand and gravel mining activities in the area. To reach a consensus that would protect the rights of both the people and the company, local authorities at all levels and relevant agencies have intervened and held dialogues with the residents.

The residents stated the reasons for their petition.

We arrived at the sandy and gravel alluvial plain of Gia De hamlet, Nghia Dung commune, one morning at the end of October. Mr. Nguyen The Co – a police officer and deputy head of Gia De hamlet – led us to the alluvial land and explained that the hamlet has 172 households and 695 people, divided into 3 groups that take turns cultivating the approximately 5-hectare alluvial plain on the other side of the river. This land used to belong to Nghia Dung commune but later came under the administrative management of Tan Long commune.

Police officers from Gia De hamlet, Nghia Dung commune (Tan Ky district) speak with reporters.

Pointing to the location and the boundary marker that had just been handed over to the enterprise, Mr. Co added that the private enterprise Hoang Dinh Lam (Mr. Hoang Dinh Lam is a resident of Dao Nguyen hamlet, adjacent to Gia De hamlet, Nghia Dung commune) was granted a mining license (sand and gravel) by the Provincial People's Committee in early 2015 with an area of ​​10 hectares. To date, the unit has not yet started mining operations and is completing the procedures after the license was granted. However, after Hoang Dinh Lam's private enterprise was granted the sand and gravel mining license by the province, some residents of Gia De hamlet disagreed, citing the following reasons: The exploration and mining process was not conducted in accordance with the people's opinions. If mining takes place, it will alter the river flow, affect agricultural land, and make crossing the river unsafe for people's agricultural activities.

For the same reason, Mr. Nguyen Viet Cong, a resident of Gia De hamlet, insisted when we met him that no permits should be granted to businesses to mine sand and gravel in the area because it would affect the people's agricultural land. "The businesses haven't started mining yet, but we have to take precautions," Mr. Cong said.

Disagreeing with the granting of a sand and gravel mining license to the private enterprise Hoang Dinh Lam in the area, some residents of Gia De hamlet filed a complaint. In response, the District People's Committee directed the Party Committee, the Nghia Dung commune government, and relevant departments and organizations to conduct numerous awareness campaigns and explain the legal regulations on the management and licensing of mineral exploitation activities to the people. They also issued a written response to the residents and requested that Hoang Dinh Lam Private Enterprise not commence mining until all procedures outlined in the licensing decision were completed. However, some residents of Gia De hamlet remained dissatisfied and continued to request the revocation of the sand and gravel mining license granted to Hoang Dinh Lam Private Enterprise.

The people's petition is unfounded.

Recently, the inter-agency task force of the province organized a delegation to inspect the issues raised by the people. According to the inspection team, the Provincial People's Committee's granting of a mining license to the private enterprise Hoang Dinh Lam in Mining License No. 19/GP-UBND dated January 6, 2015, was in accordance with the law. The reason is that the mining license was granted within the planning for exploration, exploitation, processing, and use of common construction materials approved by the Provincial People's Committee in Decision No. 42/2010/QD-UBND dated July 27, 2010, and is located in an area not subject to auction for mining rights, as approved by the Provincial People's Committee in Decision No. 2955/QD-UBND dated July 12, 2013.

The area licensed for mineral exploration and exploitation is not located within the areas where mineral activities are licensed or temporarily prohibited as stipulated in Article 28 of the 2010 Mineral Law. The licensing for mineral exploration and exploitation meets the conditions stipulated in Articles 40, 53, and 28 of the 2010 Mineral Law. Hoang Dinh Lam Private Enterprise has prepared the necessary documents and procedures and fulfilled its financial obligations to the State as stipulated in Clause 1, Article 59 of the 2010 Mineral Law and Clause 1, Article 31 of Government Decree No. 15/2012/NB-CP dated March 9, 2012, detailing the implementation of some articles of the Mineral Law (including the agreement of the Tan Ky District People's Committee and the Nghia Dung Commune People's Committee, and has carried out exploratory drilling as prescribed).

According to the provincial inter-agency inspection team, Mr. Nguyen Quang Ha and some citizens' complaints about the procedures for granting mineral exploitation permits to the private enterprise Hoang Dinh Lam, claiming that the process did not go through the district and commune authorities, and that no exploratory drilling or sampling was conducted during the exploration process, are incorrect. This is because Official Letter No. 1531/UBND.TN dated November 27, 2013, from the Tan Ky District People's Committee and Official Letter No. 32/UBND dated November 25, 2013, from the Nghia Dung Commune People's Committee, confirmed the area for which Hoang Dinh Lam private enterprise requested an exploration permit. The exploration project, prepared and implemented by Geological Survey Team 6 - North Central Geological Federation, indicated that the consulting unit for exploratory drilling and sampling had been approved by the appraisal council and submitted to the Provincial People's Committee for approval of the reserves in Decision No. 4250/QD-UBND dated September 3, 2014.

The concerns raised by some citizens regarding the granting of a mining license to Hoang Dinh Lam Private Enterprise in the Gia De hamlet alluvial area, Nghia Dung commune, alleging that its operation would disrupt river flow, cause landslides affecting agricultural land, endanger lives, and hinder river crossings for agricultural production, are unfounded. The licensed mining area is also outside the agricultural land already allocated to households for stable use (the licensed area is an alluvial plain, an unstable area). Measures to prevent landslides during mining (using bamboo piles) have been implemented as outlined in the environmental remediation and restoration plan approved by the Provincial People's Committee in Decision No. 6942/QD-UBND dated December 11, 2014. On-site inspections have shown that the mining process does not hinder river crossings for agricultural production.

Therefore, the request by Mr. Nguyen Quang Ha and some citizens for the Provincial People's Committee to revoke the mining license granted to Hoang Dinh Lam Private Enterprise is unfounded, because the aforementioned mining license does not fall under the cases requiring license revocation as stipulated in Clause 1, Article 58 of the 2010 Mineral Law.

Corporate responsibility

Currently, to stabilize the situation in the area, the District People's Committee has directed Hoang Dinh Lam Private Enterprise to contact and persuade the people to fulfill their obligations to the locality and the people in the area where mineral resources are exploited in accordance with the law. Through our investigation, we learned that in the past, Hoang Dinh Lam Private Enterprise has not done a good job of persuading the people and has not contacted them to gain their support and agreement. This is also one of the main reasons causing resentment among the people of Gia De hamlet in recent times.

It can be said that licensing mineral mining enterprises is not only aimed at increasing budget revenue and meeting the demand for construction materials in the area, but also at creating jobs for workers. However, along with the efficient exploitation and use of these resources, attention must be paid to the opinions of the people, helping them better understand the results of the impact assessment on agricultural land and the environment. Although the licensed mining area is outside the agricultural land already allocated to households for stable use, and does not affect agricultural land in the short term, in the long term, solutions are needed to prevent landslides and impacts on the lives of people around the mining area, aiming for overall sustainable development.

Thu Huyen