Law

Nghe An implements the Circular amending regulations on geology and minerals.

PL. February 10, 2026 15:19

The People's Committee of Nghe An province has assigned the Department of Agriculture and Environment to take the lead in implementing Circular No. 04/2026/TT-BNNMT of the Ministry of Agriculture and Environment on amending and supplementing a number of regulations in the field of geology and minerals, notably providing specific guidance on selecting organizations and individuals to survey and assess general information on Group IV minerals in areas where mining rights are not auctioned.

In Official Letter No. 1391/UBND-NN dated February 7, 2026, Vice Chairman of the Provincial People's Committee Nguyen Van De assigned the Department of Agriculture and Environment to preside over and coordinate with relevant agencies to implement Circular No. 04/2026/TT-BNNMT dated January 16, 2026 of the Ministry of Agriculture and Environment on amending and supplementing a number of articles of several circulars in the field of geology and minerals.

The Provincial People's Committee requests that during the implementation process, the Department of Agriculture and Environment proactively advise the Provincial People's Committee and propose that competent authorities consider and decide on related issues in accordance with the law.

Circular No. 04/2026/TT-BNNMT provides detailed regulations on several articles of the Law on Geology and Minerals; and amends and supplements some contents according to Law No. 147/2025/QH15. The Circular also adheres to the regulations in Government Decree No. 193/2025/ND-CP dated July 2, 2025 and the amendments and supplements in Government Decree No. 21/2026/ND-CP dated January 16, 2026.

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In some areas of the province, due to businesses' lack of legal awareness, the exploitation of sand and gravel from riverbeds has caused landslides, leading to public outrage and complaints. (Photo: Nhat Lan)

Regulations specifying the selection of organizations for surveying Group IV minerals.

One of the notable provisions is the regulation on selecting organizations and individuals to review and approve surveys and assessments of general information regarding Group IV minerals in mineral areas designated for which mining rights are not subject to auction, as stipulated in Clause 5, Article 143 of Decree No. 193/2025/ND-CP (amended and supplemented by Decree No. 21/2026/ND-CP).

According to the Circular, the selection of organizations and individuals is carried out in 3 cases:

The firstIn cases where multiple contractors, investors, or project owners request approval for a general survey and assessment of information regarding Group IV minerals, the Chairman of the Provincial People's Committee will decide on the selection and assign the Department of Agriculture and Environment to review and approve it according to regulations.

MondayIn cases where the construction contractor, investor, or project owner does not directly request a survey or assessment but only proposes another organization or individual to carry out the work, the provincial Department of Agriculture and Environment will select one for consideration and approval. If multiple organizations or individuals are proposed, the Chairman of the provincial People's Committee will decide on the selection for the Department of Agriculture and Environment to consider and approve.

TuesdayIn cases where the construction contractor, investor, or project owner does not request a survey or assessment, nor does they propose any other organization or individual, the selection of an organization or individual to be considered for approval to conduct the survey or assessment shall be carried out according to regulations.

The circular also clarifies that when granting mining licenses, the Chairman of the Provincial People's Committee will consider and decide on the reserves and volume permitted for exploitation for each license to ensure the construction progress and usage needs of projects within or outside the province.

Many aspects related to the evaluation committee and application forms have been revised.

Circular No. 04/2026/TT-BNNMT amends and supplements Article 18 on the organization and operation of the Technical Advisory Council for appraising dossiers for granting, renewing, reissuing, adjusting, returning mining licenses and transferring mining rights.

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The Bai Giang quarry (Phuc Loc commune) has impacts on the environment and transportation infrastructure, therefore its capacity has not yet been considered for expansion. (Photo credit: Nhat Lan - Vinh Hoang)

In addition, the Circular amends and supplements several clauses in Article 20; adds Article 20a after Article 20; amends and supplements several clauses in Article 21; and adds points g and h to clause 4 of Article 22.

In addition, the Circular amends and supplements several articles of Circular No. 37/2025/TT-BNNMT dated July 2, 2025, which regulates the forms of reports, documents, licenses, and decisions in mineral exploration activities.

Some templates in the Appendix to Circular No. 39/2025/TT-BNNMT dated July 2, 2025, regarding the content of the mineral mine closure plan, mine closure scheme, and sample documents in the mineral mine closure dossier, have also been amended and supplemented.

At the same time, the Circular also amends some contents of Circular No. 40/2025/TT-BNNMT dated July 2, 2025, related to the classification of mineral reserves and resources; methods and volume of exploration work for each type of mineral; and the form and content of mineral exploration projects and reports.

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Nghe An implements the Circular amending regulations on geology and minerals.
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