Strengthening State management of mineral activities

(Directive No. 06/2013/CT-UBND dated March 7, 2013 of the Provincial People's Committee)

In recent years, mineral exploitation and processing activities in the province have contributed to creating many jobs, increasing state budget revenue, ensuring the needs of socio-economic development in the province; mineral exploitation, processing and export activities have achieved important initial results, gradually becoming orderly.

However, the state management of minerals still has many shortcomings: Coordination between levels, sectors and localities is not really synchronous, especially in the work of protecting mineral resources is still limited, not promptly detecting and taking measures to thoroughly prevent illegal mineral exploration, exploitation, processing, use and export activities, affecting the environment, causing insecurity, social order and safety, loss of resources, loss of production land and budget revenue; inspection, examination and handling of violations of the law are not strict and not deterrent enough; implementation of State policies and regulations on minerals is not timely and synchronous.

To effectively implement the 2010 Mineral Law, Directive No. 02/CT-TTg dated January 9, 2012 of the Prime Minister "On strengthening State management of mineral exploration, exploitation, processing, use and export activities and overcoming the above-mentioned shortcomings, the People's Committee of Nghe An province requests functional departments, branches, and district-level People's Committees to perform the following tasks:

1. Strengthen the propaganda, dissemination and education of laws on minerals to make organizations and individuals participating in mineral activities, relevant officials and civil servants and people of all walks of life in areas with minerals fully aware of their responsibilities, rights and obligations in protecting mineral resources and strictly comply with laws on mineral resources.

2. Based on assigned functions, tasks and powers, strengthen inspection and examination work in the mineral sector.

3. Continue to effectively carry out the assigned tasks in Decision No. 1578/QD-UBND.TN dated May 11, 2012 of the People's Committee of Nghe An province on promulgating the plan to implement Resolution No. 103/NQ-CP dated December 22, 2011 of the Government and Directive 02/CT-TTg dated January 9, 2012 of the Prime Minister; proactively advise on supplementing and adjusting the plan to ensure effective implementation in terms of economy, environment, and strict compliance with the law.

4. Department of Natural Resources and Environment:

a) Regularly coordinate with relevant agencies to review regulations issued by the Provincial People's Committee to advise on adjustments, supplements or replacements, ensuring compliance with the provisions of the 2010 Mineral Law and relevant legal documents.

b) Preside over and coordinate with relevant sectors to review, supplement and adjust areas where mineral activities are prohibited or temporarily prohibited; advise on delimiting areas where mineral exploitation rights are not auctioned for minerals used as common construction materials, peat, and minerals in areas with scattered and small-scale minerals that have been delimited and announced by the Ministry of Natural Resources and Environment.

c) Improve the quality of consulting on licensing mineral activities, ensure compliance with legal regulations and monitor and summarize the implementation status after licensing.

d) Strengthen inspection and examination work, grasp the situation of mineral activities in the area; promptly detect and coordinate in handling violations to put mineral activities in order.

5. Department of Construction:

a) Responsible for guiding, urging implementation and strengthening inspection and examination of compliance with mining according to approved designs for minerals used as construction materials and peat.

b) Review and advise the Provincial People's Committee to adjust and supplement Decision No. 42/2010/QD-UBND dated July 27, 2010 of the People's Committee of Nghe An province "On promulgating the Planning for exploration, exploitation, processing and use of minerals as common construction materials in Nghe An province until 2020".

6. Department of Industry and Trade:

a) Responsible for guiding, urging the implementation and strengthening the inspection and examination of compliance with the implementation of mining according to the approved design (except for minerals used as construction materials and peat) and compliance with the law on management, use and management of industrial explosives; directing mineral exploitation units to innovate modern technology and equipment in accordance with the current level of science and technology, in order to save resources, protect the environment and ensure labor safety.

b) Review and advise the Provincial People's Committee to adjust and supplement Decision No. 16/2009/QD-UBND dated January 20, 2009 of the People's Committee of Nghe An province on promulgating the "Plan for exploration, exploitation, processing and use of minerals in Nghe An province for the period 2009-2020" (except minerals used as common construction materials and raw materials for cement production).

7. Provincial Police:

a) Direct professional forces and police of districts, cities and towns to detect, prevent, combat and effectively combat all types of crimes and violations of the law in mineral activities.

b) Direct the Inter-sectoral Working Group, in coordination with the District and Commune People's Committees, to strengthen inspection, control, and protection of unexploited mineral resources and illegal mineral exploitation and transportation activities; prevent illegal mineral exploitation and transportation activities before, during, and after Tet.

c) Coordinate with the Market Management Department, the Tax Department and relevant localities to regularly deploy forces on the roads, arrest vehicles and strictly handle organizations and individuals involved in the illegal transportation and trading of minerals.

d) Direct functional units to strengthen inspection of boats traveling on the river; coordinate with relevant sectors, district and commune People's Committees to promptly prevent illegal exploitation, transportation and trading of sand and gravel.

8. The Department of Agriculture and Rural Development reviews Decision No. 2613/QD-UBND.TN dated June 17, 2010 on approving areas prohibited from mineral activities in the forestry land sector, Decision No. 2614/QD-UBND.TN dated June 17, 2010 of the People's Committee of Nghe An province on approving areas temporarily prohibited from mineral activities in the forestry land sector, to adjust and supplement areas of special-use forest land, protective forest land or land planned for protective forest planting, geological conservation areas or requirements for prevention, avoidance and overcoming of consequences of natural disasters and coordinates with the Department of Natural Resources and Environment to advise the Provincial People's Committee to submit to the Prime Minister for approval.

9. The Department of Culture, Sports and Tourism reviews Decision No. 4650/QD-UBND.TN dated September 14, 2009 of the People's Committee of Nghe An province on approving areas prohibited from mineral activities in the fields of Culture, Sports and Tourism, to adjust and supplement land areas with historical - cultural relics, scenic spots that have been ranked or zoned for protection according to the provisions of the Law on Cultural Heritage and coordinates with the Department of Natural Resources and Environment to advise the Provincial People's Committee to submit to the Prime Minister for approval.

10. The Provincial Military Command shall coordinate with the Department of Natural Resources and Environment to advise the Provincial People's Committee to submit to the Prime Minister the demarcation of prohibited areas or temporary prohibitions on mineral activities in land areas planned for defense purposes, or if mineral activities may affect the performance of defense tasks.

11. The Department of Labor, War Invalids and Social Affairs shall preside over and be responsible, together with relevant agencies, for strengthening inspection, guidance and management of labor, occupational safety and occupational hygiene in mineral activities.

12. People's Committees of districts, cities and towns:

a) Be responsible for inspecting, monitoring and strictly handling violations of laws on minerals and other related violations according to the provisions of law.

b) Direct the People's Committees at the commune level to implement measures to protect unexploited minerals; mobilize and direct the coordination of local forces to detect, prevent and thoroughly handle illegal mineral activities.

c) Regularly inspect the People's Committees at the commune level in the performance of public duties, promptly detect and correct deviant or unauthorized acts of some commune-level cadres and civil servants in the performance of duties and activities to protect mineral resources; direct the People's Committees at the commune level to strictly manage the population and prevent the phenomenon of free migration for illegal mineral exploitation.

13. The Provincial Radio and Television Station, Nghe An Newspaper and local media regularly disseminate legal regulations, policies and decisions of the Provincial People's Committee on mineral activities on the mass media; promptly set examples of units and localities that perform well and promptly criticize violations of the law and failure to strictly implement the direction of the Provincial People's Committee.

TM. PEOPLE'S COMMITTEE
CHAIRPERSON:

HO DUC PHOC