Mineral exploitation funds will be confiscated if businesses fail to restore the land.

August 5, 2016 10:01

(Baonghean)Mr. Truong Minh Hoang - Member of the National Assembly's Committee on Science, Technology and Environment, shared his views.Regarding state management of land reclamation and restoration to the original state after mineral resource exploitation.

ButIs the failure of mining companies to fulfill their commitments to restore the land to its original state due to a lack of strong sanctions or measures against them?

Mr. Truong Minh Hoang:I believe that current mineral resource exploitation projects, when undertaken, require the exploiting entity to deposit funds with the State. These funds should be commensurate with the costs of compensation and restoration to the original state. When the exploiting enterprise deposits the funds, the State holds them. Only after the exploitation is completed and the enterprise has restored the original state as committed will they be allowed to withdraw the money.

Ông Trương Minh Hoàng - Thành viên của Ủy ban Khoa học - Công nghệ và Môi trường của Quốc hội
Mr. Truong Minh Hoang - Member of the Science, Technology and Environment Committee of the National Assembly

If the company fails to perform the work, the State will use that fund to hire someone to do it. However, if commitments are only made through ordinary written documents, it is very difficult to require companies to fulfill their commitments after they have finished exploiting the resources.

In cases where requiring a large deposit poses difficulties for businesses, authorities can facilitate this by obtaining the business's bank account number and reaching an agreement. If the business fails to fulfill its commitments after mining operations, the authorities can request the freezing of the account.

ButRegarding the delay and evasion of responsibility by businesses in restoring the land to its original state after mining, what is the responsibility of the local authorities, sir?

Mr. Truong Minh Hoang:First, we need to determine which agency has jurisdiction over the project. Some mineral resource exploitation projects are managed by ministries, with local authorities only providing coordination. In my opinion, if a mineral exploitation project fails to restore the land or rectify the original state, the primary responsibility lies with the project owner.

Regarding management and coordination to ensure effective monitoring and control, it could involve local authorities, but a certain amount of funding would be required for their parallel management, as not all mining projects are under local jurisdiction. For example, large mining projects are managed by ministries and agencies, while others are licensed and managed at the provincial or district level.

Một điểm mỏ ở Quỳ Hợp.
A mining site in Quy Hop. Photo by VT

To control this issue effectively, transparency is essential. For example, information on the quantity of reserves to be extracted, the area to be exploited, the location, and the start and end points must be publicly displayed on maps and diagrams for the people to see. Only through such transparency can timely control be ensured. After extraction is complete, the land reclamation and compensation process must also be made public. If the company fails to fulfill its commitments, local residents can report it to the authorities and prevent the removal of machinery and equipment.

"If a mining project fails to restore or rehabilitate the land, the primary responsibility lies with the project owner. As for how to manage and coordinate the implementation, it could involve local authorities, but a certain amount of money should be allocated for their parallel management, because not all mining projects are managed by local authorities," said Mr. Truong Minh Hoang, a member of the National Assembly's Committee on Science, Technology and Environment.

NN

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Mineral exploitation funds will be confiscated if businesses fail to restore the land.
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