Headlines 14/11/2024 16:53 CH

Vietnam to intensify state management of auctions of rights to extract minerals

Cao Kỵ

On October 24, 2024, the Ministry of Natural Resources and Environment of Vietnam promulgated Official Dispatch No. 7438/BTNMT-KSVN on intensifying the state management of auctions of rights to extract minerals.

Currently, the auction results in several provinces contain abnormal elements: i.e., the bidding is carried out through many rounds, the organization time of the auction is prolonged, the bid winning price is abnormally increased (by many times the starting price, there are cases where the bid winning price is many times higher than the sale price of products of the same type on the market).

This leads to many successful bidders being unable to implement projects on mineral extraction at the cost of their deposits, negatively impacting the local economic security and social order. For the effective auction of rights to extract minerals, the Ministry of Natural Resources and Environment of Vietnam intensifies the state management of auctions of rights to extract minerals as follows:

- Disseminate and raise enterprises’ legal awareness in the auction of rights to extract minerals.

At auctions, it is necessary to adequately disseminate relevant regulations to bidders to avoid the misinterpretation of auctions of mineral extraction rights as mine purchase auctions; provide clear information for bidders to understand that the winning bid is only part of the amount to be transferred to the state budget for the grant of rights to extract minerals. For minerals to reach users, extracting organizations and individuals shall invest in extraction project implementation, which involves many costs concerning extraction, processing, transport, and consumption, and pay other relevant taxes and fees such as natural resources consumption tax, environmental protection fees, etc.

- Develop auction schemes in conformity with the characteristics of rights to extract minerals and select conformable auction forms.

Where bid forms are cast directly at the auction session, it is necessary to research the conformable method of casting bids and the number of rounds to avoid a prolonged auction and mental impacts on bidders, potentially leading to them casting bids higher than their financial capacity and investment efficiency.

- Carry out procedures for auctioning rights to extract minerals in compliance with the Law on Property Auction. Pay attention to the formulation of auction documents and strictly select auction applications. Only select enterprises with adequate capacity, experience, and documents with truthful and clear information for participation in the auction.

- Direct competent authorities to inspect auctions with abnormal signs; strictly prevent and handle cases where property auction organizations, auctioneers, or bidders commit violations, affecting the auction results.

Intensify inspection and supervision of the extraction quality, ensure the fulfillment of obligations concerning extraction output, and prevent extraction exceeding the licensed reserves, especially at local sand and gravel mines.

See more details in Official Dispatch No. 7438/BTNMT-KSVN 2024.

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