What are minerals? Is soil a mineral?

1. What are minerals?

According to the provisions of Clause 1, Article 2 of the 2010 Law on Minerals, minerals are useful minerals and minerals that are naturally accumulated in solid, liquid or gaseous forms existing in the ground, on the ground, including minerals and minerals in the mine’s waste dump.

What are minerals? Is soil a mineral?

What are minerals? Is soil a mineral? (Image from the Internet)

2. Is the soil a mineral?

Pursuant to the regulations on what is a mineral in Section 1, the Mineral Law 2010 does not specifically define soil as a mineral, but only stipulates that useful minerals and minerals are naturally accumulated in solid form. Liquids and gases exist in the earth, on the surface of the earth.

However, Article 64 of the Law on Minerals 2010 stipulates the types of minerals used as common building materials, which include:

– Sand of all kinds (except silica white sand) with SiO2 content less than 85%, without or with minerals cansiterite, tungsten, monazite, zircon, ilmenite, gold but not meeting the reserve calculation criteria as prescribed. of the Ministry of Natural Resources and Environment;

– Clay for making bricks and tiles according to Vietnam’s standards and technical regulations, all kinds of clay (except bentonite clay, kaolin clay) not meeting the standards for production of construction ceramics, samot refractory materials, and cement according to the standards. , Vietnamese technical regulations;

– Sandstone, quarsite stone with SiO2 content less than 85%, not containing or containing metal minerals, autogenous metals, radioactive elements, rare but not meeting the reserve calculation criteria as prescribed by the Ministry Natural resources and environment or not qualified to make paving stone, fine art stone according to Vietnam’s standards and technical regulations;…

Thus, according to the above regulation, not all soil types are considered minerals.

Soil used as backfill material can be considered as a common building material mineral. For sand minerals, it is necessary to take samples for analysis to determine the purpose of use such as building materials or glass production sand.

3. How to deal with mineral mining as land without a permit?

Article 47 of Decree No. 36/2020/ND-CP stipulating the level of administrative penalties for violations of mineral extraction (except sand and gravel in river beds, streams and lakes) without a mining license Minerals of competent state agencies are as follows:

– A fine shall be imposed for the act of mining minerals as common building materials without the use of industrial explosives, specifically as follows:

+ From VND 1,000,000 to VND 3,000,000 when the total volume of minerals exploited at the time of detection of violations is less than 10 m3;

+ From VND 3,000,000 to VND 5,000,000 when the total volume of minerals exploited at the time of detection of violations is from 10 m3 to less than 20 m3;

+ From 10,000,000 VND to 20,000,000 VND when the total volume of minerals exploited at the time of detection of violations is from 20 m3 to less than 30 m3;

+ From VND 20,000,000 to VND 30,000,000 when the total volume of exploited minerals is from 30 m3 to less than 40 m3;

+ From VND 30,000,000 to VND 40,000,000 when the total volume of minerals exploited at the time of detection of violations is from 40 m3 to less than 50 m3;

+ From VND 40,000,000 to VND 50,000,000 when the total volume of minerals exploited at the time of detecting violations is 50 m3 or more.

– A fine shall be imposed for the act of mining minerals as common building materials using industrial explosives, exploiting other minerals, except for the case specified above and the cases of gold mining. silver, platinum, precious stones, toxic minerals, specifically as follows:

+ From 70,000,000 VND to 100,000,000 VND for the exploitation of minerals as common building materials by business households;

+ From 200,000,000 VND to 300,000,000 VND for minerals under the licensing authority of the provincial People’s Committee, except for mining of minerals as common building materials of business households, other cases of mining. mining minerals are gold, silver, platinum, precious stones, toxic minerals;

+ From 300,000,000 VND to 500,000,000 VND for minerals under the licensing authority of the Ministry of Natural Resources and Environment, except for minerals that are gold, silver, platinum, precious stones and toxic minerals.

Note: The above administrative penalties apply to individuals. For organizations, the fine level is 2 times higher than that for individuals (Clause 1, Article 5 of Decree 36/2020/ND-CP, as amended by Clause 3, Article 2 of Decree 04/2022/ND-CP).

– In addition, according to Point a, Clause 22, Article 2 of Decree No. 04/2022/ND-CP, violators may also be subject to the additional sanction of confiscation of all material evidences in case they have not been consumed. consuming, dispersing, destroying; confiscation of means used for administrative violations.

– Remedial measures:

+ Forcible implementation of solutions to renovate and restore the environment of the exploited area, bring the mining area to a safe state;

+ Forcible payment of expenses for solicitation of expertise, verification, measurement and verification in case of violations.

For acts of mining minerals without a mineral mining license in prohibited or temporarily banned areas