Proposal to allow increasing coal mining capacity

In the context of ongoing geopolitical instability that constrains energy supply, coal remains one of the foundational energy sources domestically. Streamlining the procedures to adjust coal mining capacity is presented as necessary to meet urgent energy-security needs while maintaining strict state control, without creating legal gaps or legitimizing expansion beyond licenses, or relaxing core environmental, safety, and financial obligations.

Deputy Minister of Justice Nguyen Thanh Tu chaired the Independent Appraisal Council to review the Government’s draft Resolution on applying a special mechanism to adjust the content of coal mining licenses.

Background and rationale

The draft proposal says that the geopolitical situation worldwide, particularly in the Middle East, continues to unfold with energy supply routes at risk of disruption, affecting global energy supply. Domestically, electricity demand continues to rise, while imported fuels remain exposed to uncertainties related to markets, logistics, prices, and supply.

Against this backdrop, domestic coal is described as playing a pivotal role in ensuring stable operation of the national power system, sustaining industrial production, and contributing to energy security.

Key provisions of the special mechanism

The Government’s issuance of a Resolution on a special mechanism to streamline procedures adjusting coal mining capacity is described as aimed at meeting urgent energy-security requirements and ensuring robust state management with control. The draft also emphasizes that it should not create legal gaps, legitimize mining expansion outside the license, or relax core environmental, safety, and financial obligations.

Under the special mechanism, the draft Resolution is expected to specify that adjustments to the content of mining licenses would allow an increase in coal mining capacity by no more than 15% compared with the capacity stated in the license issued.

The adjustment process would be carried out through a shortened procedure, based on approved results of investment, environmental, and technical appraisals by competent authorities. It would also integrate and implement related contents in a single-file processing workflow, with processing time shortened compared with standard regulations.

The draft indicates that the adjustment would not require re-doing procedures already appraised and approved, except in cases where the capacity adjustment significantly changes environmental, safety, or mining-technological factors as required by law.

It also states that consideration of capacity adjustments does not alter the approved planning for the extent and boundary of the mining area or the core technical indicators that affect safety and the environment.

Council focus areas

At the appraisal, Deputy Minister Nguyen Thanh Tu asked the Council to focus on six aspects: the necessity; criteria, principles, procedures, processes, and procedural steps of drafting the draft Government Resolution under the framework of Resolution No. 206; compatibility with government policy, legal coherence, and consistency to ensure compliance with law; compatibility with international treaties; and devolution and delegation of powers.