In the construction drawing design and project estimate, the excess land will be transported to the staging area. However, after reviewing, in order to avoid having to stage and transfer the excess volume to another location to avoid loss of resources and reduce construction investment costs, the District People's Committee has decided to adjust the investment policy to reclaim the excess land at the foot of the project.

However, when working with the Department of Agriculture and Environment to prepare a dossier to apply for registration of confirmation of mineral recovery, the Department replied that the Provincial People's Committee only issued a certificate of registration of confirmation of mineral recovery to the project investor.

According to the provisions of Point b, Clause 1, Article 75 of the Law on Geology and Minerals 2024 and Point a, Clause 1, Article 96 of Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government detailing a number of articles and measures to implement the Law on Geology and Minerals, the investor or investor is considered by the competent authority to issue a certificate of registration for mineral recovery for the project's excess mineral volume.

Mr. Son's company worked with the investor and was told that the investor is a commune-level administrative unit with the function of only managing and supervising mineral activities, not having the function of mineral activities such as: mining, recovery, recovery, transportation, storage and consumption of minerals.

Mr. Son asked, is the investor, a commune-level administrative unit, allowed to recover minerals in public investment construction projects? If assigned and authorized by the investor, will your company (with capacity in mineral activities) be granted a certificate of mineral recovery in the above public investment project by the competent authority?

The Ministry of Agriculture and Environment responded to this issue as follows:

According to the provisions of Point b, Clause 1, Article 75 of the Law on Geology and Minerals 2024 and Point a, Clause 1, Article 96 of Decree No. 193/2025/ND-CP dated July 2, 2025 of the Government detailing a number of articles and measures for implementing the Law on Geology and Minerals, only the project owner or investor is the subject considered for issuance of a certificate of registration for mineral recovery.

The construction contractor (construction enterprise) is only the unit performing the construction contract, not the "investor" or "investor" of the project according to the legal documents. Although the enterprise is qualified to conduct mineral activities, it is not allowed to apply for a certificate of mineral recovery for this excess volume.

This regulation aims to control the mineral management rights of the public investment project investor, avoiding taking advantage of the contractor's name to legalize mineral exploitation.

To recover, transport, and legally consume the excess volume of land and minerals, the Commune People's Committee sent a document requesting the Provincial People's Committee to provide specific instructions according to its authority.