Inspecting compliance with legal regulations of 56 organizations operating in mineral exploitation in Nghe An
(Baonghean.vn) - Of the 56 organizations operating in mineral exploitation in the province that were inspected for compliance with legal regulations, 33 organizations were inspected by the Inspection Team of the Ministry of Natural Resources and Environment.
The periodic inspection team on compliance with mineral law regulations for mineral exploitation organizations in Nghe An province wasMinistry of Natural Resources and Environmentestablished under Decision No. 901/QD-BTNMT dated April 5, 2024; Head of the delegation is Mr. Nguyen Tien Phuong - Deputy Head of Department, Mineral Activities Control Department, Vietnam Minerals Administration.
The inspection team is responsible for inspecting the implementation of mineral law provisions in mineral exploitation activities for organizations operating in Nghe An province. Report to the Ministry of Natural Resources and Environment on the inspection results and propose and recommend to competent authorities to consider and handle administrative violations (if any) in accordance with the provisions of mineral law.
The inspection subjects of the Inspection Team are 33 organizations/36 mineral operation licenses granted by the Ministry of Natural Resources and Environment in Nghe An province. The inspection period is from January 1, 2022 to December 31, 2023 (if necessary, the Inspection Team requests a report for the period before 2022).
According to the inspection plan approved by the Director of the Vietnam Minerals Administration in Decision No. 107/QD-KSVN dated April 15, 2024, the purpose of the inspection is to strengthen the effectiveness and efficiency of state management of minerals and mineral activities; rectify and put mineral activities of licensed mineral operating units into order, comply with the provisions of the law on minerals; handle or recommend handling according to the provisions of law for violations of the law on minerals, in order to restore order in mineral activities.
Assess existing problems and inadequacies of mechanisms and policies to recommend competent state management agencies to review and amend legal regulations on minerals to suit reality, contributing to enhancing the role of state management of minerals in the system of state management agencies in general.
In addition, it is necessary to grasp the difficulties and advantages to recommend the state management agencies to consider the policies and guidelines, especially to serve the assessment of the impact of the implementation of policies and regulations of the Law on Minerals; Decree amending and supplementing documents guiding the implementation of the Law on related fields.
The requirements for the Inspection Team are to conduct the inspection quickly, neatly, on the right subjects, with the right content and within the time limit according to the inspection decision; collect complete and quality information and documents related to the inspection; ensure the inspection results are objective, honest and accurate; recommendations for handling violations of the law discovered during the inspection process must be strict according to the provisions of law; the inspection must comply with the provisions of law and not affect the normal operations of the inspected agencies and organizations.
Regarding the inspection content, the Inspection Team will check the registration of the date of commencement of basic construction of the mine, the date of commencement of exploitation with the competent state management agency that issues the license; notify the date of commencement of basic construction of the mine, the date of commencement of exploitation to the People's Committees at all levels where the mine is located before implementation; collect and store information on the results of exploration to upgrade mineral reserves within the permitted exploitation area (if any). Mine design and appraisal and approval documents to compare and contrast the suitability of exploitation capacity, technical parameters of the exploitation system, exploitation sequence, exploitation technology, etc. with the contents specified in the exploitation investment project, mineral exploitation license. Submission of mine design to the competent authority.
Periodic reports, statistical reports on reserves inventory and mine status maps (checking and comparing annual mining output with the mining capacity stated in the mining license, checking the financial obligations that the unit has fulfilled; checking information on the mining area status map; checking the boundary, location, and area of the mined area and comparing with the licensed mining area,...). Through checking the mine status map to check the consistency between the mine's basic construction progress and the mine's basic construction time specified in the mineral exploitation investment project and mine design.
Mine executive director's profile (appointment decision, professional qualifications, experience of mine executive director, training certificate, technical training in safety in using industrial explosives,...).
Check the implementation of financial obligations to the State and localities: Payment of fees for granting mineral exploitation rights, refund of fees for using information on basic geological and mineral surveys, mineral exploration invested by the State (if any); resource tax, environmental protection fees in mineral exploitation, environmental restoration deposits according to documents provided by the unit.
Inspect land lease for mineral activities according to documents provided by mineral operating units. At the same time, inspect the implementation of recommendations related to the field of mineral activities of inspection teams in 2022, 2023...
Recently, on May 17, 2024, the Provincial People's Committee also issued Decision No. 422/QD-UBND to strengthen the Interdisciplinary Inspection Team to inspect the compliance with the law in mineral activities of enterprises in Quy Hop district. The Interdisciplinary Inspection Team is headed by Mr. Le Quang Huy - Deputy Director of the Department of Natural Resources and Environment.
The inspection subjects include 23 enterprises licensed to exploit minerals in Quy Hop district. The inspection content of the Interdisciplinary Inspection Team is to inspect the compliance with laws on minerals, land, environment, compliance with mine design, labor safety, use of industrial explosives, implementation of financial obligations, taxes and other relevant laws of the inspected enterprises; the inspection period is from January 1, 2018 to the time of inspection.
The interdisciplinary inspection team is responsible for exercising its powers as prescribed by law; has the right to request relevant enterprises, organizations and individuals to work and provide documents related to the inspection content; handle according to its authority or recommend and propose the Provincial People's Committee and relevant functional agencies to handle violations of enterprises, organizations and individuals as prescribed by law.
At the end of the inspection, the Inspection Team is responsible for synthesizing, reporting the inspection results, handling and recommending the Provincial People's Committee to resolve issues within its authority.