Applying a specific mechanism in granting permits to exploit minerals as common building materials for expressway construction projects

​The Phan Thiet - Dau Giay Expressway Construction Project, the section across Dong Nai Province, is lacking in leveling land for road embankment, which may affect the progress planned.

Accordingly, after listening to the report of the Minister of Natural Resources and Environment, and the opinions of the Government members, the Government exchanged, discussed and agreed on the following resolution:

The People's Committees of provinces and municipalities where the expressway project passes by may implement the following "specific mechanisms": having the right to approve for mineral areas used as building materials already included in the relevant mineral planning, qualified and only serving the construction of expressway projects is an area where mining rights are not auctioned. For new mineral areas (for which exploration and exploitation permits have not been granted), only grant to the investors (for projects in the form of PPP and BOT) and contractors (for public investment projects) who conduct the expressway projects upon request and meeting the conditions prescribed by the law on minerals. The content of the mining license must specify the responsibility for mobilizing the entire mining capacity stated in the license to supply materials for the expressway project; for mineral mines used as building materials (except sand and gravel in river beds and estuaries) which have been licensed, are in operation, and still have the exploitation permit, they are allowed to increase their capacity not exceeding 50% of the capacity stated in the license of exploitation (without increasing the licensed reserves) without having to prepare an adjusted investment project, an environmental impact assessment (Report on environmental impact assessment or an environmental protection plan) or a certificate of completion of environmental protection works but must meet the requirements on safety and environmental protection in exploitation.

When implementing the "special mechanism" mentioned above, the People's Committee of the province or municipalities where the expressway passes by have the following responsibility: in case of capacity increase, the capacity increase is allowed only (for the case of capacity increase. licensed projects, in operation, with a term of exploitation) when the mining operation meets the requirements for safety and environmental protection during the mining process and after the mining organization or individual sign the contract committing to provide the investor/contractor with the materials for a component of the project. The content of the mining license (adjusted) must specify the address of mineral use as the investor/contractor of the expressway component of the project; it is strictly forbidden to raise prices or force the partners to pay in the unfavorable prices, in case of lawful violations must be handled according to the provisions of law; for new mining areas, organizations and individuals are required after exploiting enough volume to supply expressway projects have to carry out environmental reclamation and rehabilitation, close mines, return mines and land for local government according to regulations; granting license for exploitation must ensure that it does not affect the landscape and environment, prevent landslides and geological hazards, ensure biodiversity and protect forests; ensuring the national defense and security; traffic safety as well as for other works belong to the expressway projects.

In addition, the Resolution also stipulates that the exploitation of sand and gravel does not change the flow, does not cause landslides in river beds, and river banks; do not grant new mining permits for mines located near road protection corridors that affect the landscape and traffic safety for expressways; strictly control the actual volume of mined minerals. Especially resolutely and strictly handle according to law to organizations and individuals who sell materials to other organizations and individuals or fail to supply minerals as building materials for the investor/contractor stated in the license; in case of lawful violation, the license issued to the investor/contractor will be revoked in accordance with regulations.

According to the Resolution, the "specific mechanism" will be suspended when the minerals to be used as building materials for the expressway project is supplied enough. Recently, a number of projects such as the Phan Thiet-Dau Giay expressway construction project faced many difficulties in construction due to the lack of materials, especially the leveling land for road embankment. Facing this situation, the Provincial People's Committee has sent a document to the Prime Minister proposing to simplify administrative procedures for licensing the exploitation of leveling materials to serve the construction of key works in the province.

Vi Quan