📋 Tender Overview
The Investment Project Management Board of District A has prepared a dossier to register the area, capacity, volume, method, equipment and plan for exploiting and leveling land in the area of ??the kindergarten project and has been issued a Confirmation by the Provincial People's Committee.
However, the Project Management Board did not directly perform the leveling work but hired another unit, Company B, to do the construction. According to the provisions of Point a, Clause 2, Article 55 of the Law on Minerals, organizations and individuals exploiting minerals must pay fees for granting mineral exploitation rights.
Mr. Nguyen Hai Dang (Thai Nguyen) asked, the entity that must pay the mining right fee for the volume of leveled soil registered for exploitation for this project is the District Investment Project Management Board or Company B?
The Ministry of Natural Resources and Environment responded to this issue as follows:
The subjects, scope and method of calculating mineral exploitation right fees have been specifically regulated by the Government in Decree No. 67/2019/ND-CP dated July 31, 2019, stipulating the method of calculating and collection levels of mineral exploitation right fees. Accordingly, Clause 2, Article 2 stipulates the subjects of application:
"2. Organizations and individuals are allowed to exploit minerals without auctioning mineral exploitation rights".
Therefore, the subject paying the mineral exploitation right fee in case of implementing a kindergarten construction project is the organization or individual permitted by the competent authority to exploit minerals.
Regarding Mr. Nguyen Hai Dang's question, in case the Project Management Board of Construction Investment of District A has been granted a confirmation by the Provincial People's Committee allowing the exploitation of minerals from the land used for filling the area of ??the kindergarten, it is subject to paying the fee for granting the right to exploit minerals.
