However, practical experience shows that the effectiveness of the law depends not only on the content of legal provisions but decisively on the organization of law enforcement. This article analyzes the role of the Law on Geology and Minerals, identifies limitations in its implementation, and proposes several solutions to enhance the effectiveness and efficiency of law enforcement in this field.
Keywords: Law on Geology and Minerals, resource management, law enforcement, sustainable development.
1. Introduction
Geology and mineral resources constitute an important foundation for socio-economic development, providing raw materials for industry, construction, and energy. However, mineral resources are finite; uncontrolled exploitation can lead to resource depletion, environmental pollution, and social instability. In this context, the Law on Geology and Minerals was promulgated to establish a legal framework governing geological investigation, exploration, exploitation and protection of mineral resources.
In reality, although the legal system has been increasingly improved, issues such as illegal mining, resource losses and environmental violations persist. This demonstrates that the major challenge lies not in whether laws exist, but in how they are organized and enforced.
2. The Role of the Law on Geology and Minerals
The Law on Geology and Minerals plays an important role in three main aspects:
First, it provides orientation for state management of mineral resources by clearly defining the authority of management agencies and the responsibilities of organizations and individuals participating in mineral activities.
Second, it ensures the rational, economical and efficient exploitation of mineral resources, in association with environmental protection requirements and post-mining ecosystem restoration.
Third, it contributes to promoting sustainable development, harmonizing economic interests with social and environmental interests and safeguarding the rights of local communities in mineral-bearing areas.
3. Scientific and practical foundations of the 2024 Law on Geology and Minerals
* Scientific foundations
Geology is a natural science that studies the composition, structure, formation, and evolution of the Earth, thereby identifying geological and mineral resources of exploitable and preservable value (as defined in the Law).
The Law is based on scientific principles of basic geological investigation and mineral surveys, which must be comprehensive, integrated, compliant with technical standards and capable of providing accurate and up-to-date information to serve socio-economic development and geological hazard prevention.
The classification of minerals into Groups I-IV reflects different scientific and technical characteristics and management objectives (from metals and energy minerals to construction materials), requiring different approaches to investigation, planning and exploitation.
Mineral planning and management schemes are linked with environmental protection, engineering geology and climate change, based on interdisciplinary and sustainable scientific principles.
Thus, the Law is not merely a legal document but also an institutionalization of scientific knowledge about resources and effective management approaches, ensuring that investigation, exploitation, mapping and reserve forecasting comply with scientific principles and technical standards.
* Practical foundations
+ Reflecting the current state of mineral management and the need for reform
- The Law inherits and addresses limitations of the 2010 Law on Minerals, many provisions of which were no longer suitable for modern management requirements, industrial development, infrastructure expansion and environmental protection. These have been comprehensively revised in the 2024 Law.
- The Law establishes a unified management system, placing basic geological investigation on an equal footing with mineral management, thereby creating a stronger legal basis for mapping, databases and long-term development strategies.
- It meets practical demands of national development strategies, particularly the principle of “investigation first - exploitation later”, ensuring rational and efficient use of national resources.
- The Law closely integrates environmental protection, geological hazard prevention, and resource security - pressing issues in Vietnam’s mineral exploitation activities.
+ Alignment with national policies and international integration
- The Law institutionalizes viewpoints and objectives on resource development reflected in Party and Government resolutions, emphasizing strategic minerals and strengthening state management.
- It responds to the need to attract investment and high technology in investigation, exploration and exploitation through financial policies, rights, data access and legal transparency.
+ Responses from management practice and law enforcement actors
- Management agencies, enterprises, and experts generally consider the Law a practical legal instrument to resolve long-standing bottlenecks such as lack of standardized geological data, loose legal frameworks for licensing and fragmented planning.
- The Law provides a clearer legal framework for geological and mineral activities across all territories, including marine and continental shelf areas, meeting the practical requirements of modern exploitation and environmental protection.
- The 2024 Law on Geology and Minerals is built upon modern geological science and practical management requirements of Vietnam in the context of sustainable development, industrialization, modernization and international integration.
4. Key issues in the implementation of the Law on Geology and Minerals
The 2024 Law on Geology and Minerals (Law No. 54/2024/QH15, effective from July 1, 2025) focuses on resolving implementation obstacles, particularly regarding construction materials, by delegating licensing authority to provincial People’s Committee Chairs, supplementing regulations on rare earth management, prioritizing dossier submission, while requiring strict provisions to prevent exploitation and speculation of mines. It also clarifies mechanisms for basic geological investigation, responsibilities of stakeholders, and coordination among administrative levels to ensure synchronized and effective implementation, remove bottlenecks and promote infrastructure and economic projects.
* Construction materials
- Shortages of construction materials (sand, stone) for transport infrastructure projects occur in many localities.
- Slow exploitation planning and uneven resource distribution are major causes.
- Solution: The Law and guiding documents focus on removing these bottlenecks by introducing special mechanisms to accelerate licensing and exploitation.
* Authority and management
- Licensing authority: Provincial People’s Committee Chairs are authorized to license mineral exploitation (Groups III and IV), while the Ministry of Natural Resources and Environment licenses Groups I and II.
- Rare earth management: Additional regulations on rare earth management are introduced.
- Special mechanisms: Proposed to address construction material shortages.
* Basic geological investigation and participation
- Principles: Projects must conform to planning; participating organizations and individuals must ensure funding and financial capacity.
- Rights: Entitled to inspection, supervision and selection of potential areas for planning proposals.
- Obligations: Must fulfill contracts with state agencies.
* Management of mineral exploitation and trading activities
- Prohibitions: Trading minerals without legal origin; abusing investigation activities to infringe upon interests; unlicensed exploitation.
- Auction regulations: Need to be strictly regulated to prevent exploitation, speculation and profiteering.
* Organization of implementation
- Intersectoral coordination: The Ministry of Agriculture and Environment, the Ministry of Natural Resources and Environment, other ministries, sectors and local authorities must closely coordinate.
- Issuance of guiding documents: The Government and ministries are drafting resolutions, circulars and decrees to detail Law provisions, especially special mechanisms.
- Review and adjustment of planning: Localities must accelerate the review and adjustment of mineral exploitation and utilization planning.
The primary objective is to ensure material supply, promote public investment and economic growth, while strictly managing mineral resources, preventing losses and interest groups through improved legal institutions and coordination mechanisms.
5. Key innovations of the 2024 Law on Geology and Minerals compared with the 2010 Law on minerals and previous regulations
- A comprehensive transformation: from the Law on Minerals to the Law on Geology and Minerals: The 2024 Law significantly expands the scope of legal regulation. Unlike the 2010 Law on Minerals, which focused primarily on mineral activities, the new Law governs both geological and mineral-related activities. It introduces comprehensive provisions on basic geological surveys, geological investigations of mineral resources and the management of geological data, thereby establishing a more integrated legal framework for geology and mineral resource governance.
- A new approach to natural resource governance: The new Law introduces the principle of “survey first, exploitation later” replacing the previous regulatory approach that mainly emphasized mining licensing. It institutionalizes a long-term, sustainable model of mineral resource governance that balances economic development, social interests and environmental protection. In addition, the Law emphasizes the strategic importance of national geology and mineral resource planning as the foundation for unified, efficient and sustainable resource management.
- Clear classification of mineral resources into four groups: The Law classifies mineral resources into four groups (Groups I, II, III, and IV) according to their characteristics and management objectives. Each group is subject to different management and licensing mechanisms. This classification simplifies administrative procedures for common construction materials (Group IV), such as fill materials, sand and gravel, which now require only registration rather than the more complicated licensing procedures previously in force.
- New provisions on mineral recovery and extraction without planning requirements: The Law permits mineral extraction in several special circumstances without requiring inclusion in mineral development planning. These circumstances include small-scale mining, mineral recovery during construction activities and salvage mining, thereby providing greater flexibility than the previous legal framework.
- Recognition of mineral exploration results: Under the 2010 Law on Minerals, mineral reserve estimates were required to undergo official approval by the competent authorities. The 2024 Law replaces this requirement with the recognition of mineral exploration results, thereby reducing administrative procedures and facilitating investment and mining operations.
- Strengthening the role of the State while enhancing decentralization: The Law clearly defines the responsibilities of the State in conducting basic geological surveys and protecting undeveloped geological resources and unexploited mineral deposits. At the same time, it provides greater decentralization by expanding the authority of provincial-level People's Committees to license and manage Group III and Group IV minerals, as well as certain geological activities, while strengthening mechanisms for oversight, supervision and accountability at the local level.
- Promoting the circular economy and environmental protection: The new Law encourages the adoption of environmentally friendly advanced technologies and the application of circular economy models in mineral exploration, extraction, and processing. These provisions demonstrate the Law's commitment to promoting sustainable development while minimizing environmental impacts.
- New regulations on mine closure and post-mining responsibilities: The Law provides more comprehensive regulations on mine closure, including circumstances in which project owners become insolvent or are unable to fulfill mine closure obligations. These provisions are intended to prevent long-term environmental degradation and unresolved legal liabilities following mining activities.
- Strengthening policies on geological data management and geological heritage resources: The Law establishes clearer responsibilities for the collection, management, sharing, and utilization of geological and mineral data to support resource planning, mineral development, environmental protection, and scientific research. It also enhances the protection and management of geological heritage resources with significant scientific, educational and environmental value.
- Effective date and scope of application: The Law entered into force on 1 July 2025, with several provisions relating to Group IV minerals becoming effective earlier. It replaces the 2010 Law on Minerals after years of implementation revealed numerous practical shortcomings and regulatory limitations.
- Overall assessment: The 2024 Law on Geology and Minerals not only retains the effective provisions of the previous legal framework but also substantially broadens its regulatory scope. It introduces a modern approach to natural resource governance, strengthens decentralization while enhancing oversight, reinforces environmental protection and promotes the sustainable development of Vietnam's geology and mineral resources sector. These innovations provide a more comprehensive legal foundation for the effective management and utilization of geological and mineral resources in the context of sustainable national development.
6. Common limitations in organizing the implementation of the Law
Despite providing a relatively comprehensive legal framework, implementation often reveals limitations such as:
- Insufficient coordination among management agencies, leading to overlaps in licensing and supervision.
- Limited enforcement capacity at local levels with shortages of specialized geological and mineral expertise.
- Continued illegal mining, indicating that inspection, supervision, and sanctions lack deterrent effect.
- Low compliance awareness among some enterprises prioritizing short-term economic benefits over environmental and resource protection.
These limitations reduce legal effectiveness and widen the gap between legal provisions and practice.
7. Solutions to enhance the effectiveness of Law enforcement organization
The Law on Geology and Minerals plays a crucial role in managing, protecting, and rationally exploiting mineral resources non-renewable assets vital to socio-economic development and environmental protection. However, implementation challenges such as illegal mining, resource waste, environmental pollution and budget losses persist. Therefore, practical solutions to enhance enforcement effectiveness are urgently needed.
* Law enforcement organization - The decisive factor of legal effectiveness
In legal science, a law only truly demonstrates its value when effectively enforced. For the Law on Geology and Minerals, enforcement organization is decisive because:
- Mineral activities occur over wide and complex areas, requiring constant supervision.
- High economic value of minerals easily leads to interest groups and violations without effective control.
- Poor enforcement causes not only resource losses but also long-term environmental and social damage.
Thus, effective enforcement serves as the bridge between legal provisions and sustainable development goals.
* Current situation of law enforcement organization
Despite an increasingly legal framework, implementation effectiveness remains limited. Some localities show lax management; inspections are irregular; illegal mining remains complex. Legal awareness among some enterprises and communities is still limited, leading to weak compliance.
* Practical solutions to enhance law enforcement effectiveness
- Improve the legal system and guiding documents: Continue reviewing, amending, and supplementing regulations to ensure consistency, clarity, and feasibility. Guiding documents should be issued promptly, avoiding overlaps and contradictions. Transparency in licensing and deep processing rights should be enhanced.
Overlapping financial obligations must be resolved. The coexistence of mineral exploitation licensing fees and resource taxes is considered duplicative, creating excessive cost burdens.
- Enhance capacity of state management agencies: Strengthen training in expertise, professional skills and public ethics for officials; apply science, technology and digital transformation in supervision to improve transparency and efficiency.
- Strengthen inspection, supervision, and sanctioning: Conduct regular and ad hoc inspections, especially in sensitive areas; sanctions must be strict, fair and deterrent to avoid legal complacency.
- Promote legal dissemination and education: Diversify legal education approaches to enhance compliance awareness among enterprises, citizens and local communities.
- Promote community and social supervision: Enable citizens and socio-political organizations to monitor mineral activities; transparency in planning and licensing enhances accountability and reduces misconduct.
- Improve intersectoral coordination mechanisms to ensure unified and effective management.
- Enhance application of science and technology in monitoring mineral exploitation activities.
Enhancing the effectiveness of organizing the implementation of the Law on Geology and Minerals is a long-term task requiring coordinated efforts among the State, enterprises and society. Implementing practical solutions such as legal improvement, capacity building, strengthened inspections and legal dissemination will contribute to the efficient and sustainable use of mineral resources, serving socio-economic development and environmental protection.
MA. Ha Minh Lam
REFERENCES
- Law on Geology and Minerals 2024
- Decree guiding the implementation of the Law on Geology and Minerals – Decree No. 193/2025/ND-CP
- Requirement for a detailed guiding legal system (Decree No. 193/2025/ND-CP).
- Academic analyses emphasize that the new Law aims to strengthen the effectiveness of state management over mineral resources.
