Chapter II
ENVIRONMENTAL RENOVATION AND RESTORATION AND PAYMENT OF DEPOSIT FOR ENVIRONMENTAL RENOVATION AND RESTORATION FOR MINERAL EXTRACTION ACTIVITIES
Article 4. General provisions on environmental renovation and restoration for mineral extraction activities
1. All organizations and individuals extracting minerals must have plan for environmental renovation and restoration and deposit making for environmental restoration to be submitted to the competent state authorities for approval.
2. The plan for environmental renovation and restoration must consist with the social – economic development planning, the mineral extraction planning and land use and environmental protection planning of localities.
3. The environmental renovation and restoration must be done during the mineral extraction.
4. The State encourages and creates favorable conditions for organizations and individuals extracting the mineral to continue their land lease to be entitled to incentive policies in case of environmental renovation and restoration into tourist attraction, ecological parks or recreation areas for the beneficial purpose to humans.
Article 5. Subjects for preparing plan for environmental renovation and restoration and additional plan for environmental renovation
1. The subjects that must prepare plan for environmental renovation and restoration (hereafter referred to as plan) include:
a) Organizations and individuals preparing dossier to request the issue of mining license;
b) Organizations and individuals that are carrying out their mineral extraction but have not had the approved plan or have not made a deposit for environmental restoration
c) Organizations and individuals extracting minerals already have the approved plan but fail to implement it within 24 months from the time of approval must prepare plan again.
2. The subjects that must prepare additional plan for environmental renovation and restoration (hereafter referred to as additional plan) include:
a) Organizations and individuals that already have the mining license and approved plan but have changed the area, depth and capacity of mineral extraction;
b) Organizations and individuals that request the change of contents of environmental renovation and restoration compared with the approved plan.
3. The following cases do not need to prepare plan:
a) Organizations and individuals that extract the minerals for common building materials in the boundary area of works construction investment project approved by the competent state authorities or given permission for investment anf the extracted products are used only for such works;
b) Households and individuals that carry out the mineral extraction for common building materials in the residential land area of the land use right of the households and individuals for building works in such area.
Article 6. Time to prepare and submit for assessment of contents of plan and additional plan
1. The time to prepare and submit for assessment of contents of plan and additional plan is provided for as follows:
a) Organizations and individuals having mineral extraction investment project specified at Point a, Clause 1, Article 5 must prepare and submit it to the competent authorities for assessment and approval before asking for the issue of mining license.
b) Organizations and individuals specified under Point b, Clause 1, Article 5, in addition to sanctioning of administrative violations, must prepare and submit the plan to the competent authorities for plan assessment and approval before 31 December 2016;
c) Organizations and individuals specified in Clause 2, Article 5 must prepare and submit the plan to the competent authorities for additional plan assessment and approval before asking for issue of new mineral license or change of solutions to environmental renovation and restoration.
2. The plan includes the following contents:
a) Characteristics of mineral extraction, current state of the natural, economic and social environment, and ecological system affected during the mining;
b) Solutions to environmental renovation and restoration; analysis, evaluation and selection of best solution for environmental renovation and restoration;
c) List and volume of items of environmental renovation and restoration for alternative solution;
d) Implementation plan; division of implementation plan by each year and each stage of environmental renovation and restoration; the management and monitoring program during the environmental renovation and restoration; plan for inspection and certifyation of plan completion;
dd) Cost estimate for environmental renovation and restoration for each item of environmental renovation and restoration of the selected plan; deposits as per road map.
3. Additional plan includes the following main contents:
a) Characteristics of mineral extraction, current state of the natural, economic and social environment of the project area at the time to prepare additional plan;
b) Changes in contents of environmental renovation and restoration compared with the approved plan; analysis, assessment and selection of best solution for environmental renovation and restoration;
c) Additional list and volume of items of environmental renovation and restoration;
d) Implementation plan; division of implementation plan by each year and each stage of environmental renovation and restoration; the management and monitoring program during the environmental renovation and restoration; plan for inspection and certifyation of additional plan completion;
dd) Cost estimate for environmental renovation and restoration for each additional item of environmental renovation and restoration, excluding the implemented items;
Article 7. Assessment and approval for plan and additional plan
1. The authority to assess and approve plan and additional plan is defined as follows:
a) The Ministry of Natural Resources and Environment shall assess and approve plan and additional plan of mining projects under its authority to issue the mining license;
b) The People’s Committee of provinces and centrally-run cities (referred to as provincial People’s Committee) shall assess and approve plan and additional plan of mining projects under its authority to issue the mining license;
2. The assessment of plan and additional plan is done through the assessment board. The composition of the board includes representatives of state management agencies on environmental, geological and mineral protection, expert related to the field of such plan, including: Chairman of the board, a deputy Chairman in case of necessity; one secretary, two opponents and other members. For plan under the assessment and approval authority of the Ministry of Natural Resources and Environment, the composition must include the representative of provincial People’s Committee where the plan is carried out.
3. The funding for assessment of plan or additional plan shall be born by the organizations and individuals carrying out the mineral extraction under regulations of law.
Article 8. Deposit making for environmental renovation and restoration of mineral extraction activities
1. The amount of deposit is equal to the total funding of works items of environmental renovation and restoration. The funding for each item of works of environmental renovation and restoration must apply the norm and unit price of localities at the time of preparation for plan or additional plan. In case the locality has no norm or unit price, the norm or unit price of respective Ministry or sector. In case the Ministry or sector has no norm or unit price, the market price shall be applied.
2. Organizations and individuals extracting minerals must make deposit annually or by each stage taking into account of inflation factors.
3. Organizations and individuals extracting minerals must make deposit in the Vietnam Environment Protection Fund or the local environmental protection fund. The deposit shall be refunded in Vietnam dong.
4. The deposit shall be entitled to interest which is equal to the borrowing interest of the environmental protection fund where the deposit is made and is calculated from the time of depositing. Organizations and individuals shall draw interest only once after having certification of completion of all contents of plan or additional plan.
5. The refund of deposit shall be done on the basis of organizations and individuals’ completion of each part or the whole of contents of environmental renovation and restoration under the approved plan or additional plan.
6. Where the organizations and individuals have made deposit but been dissolved and have not carried out the environmental renovation and restoration in accordance with the approved plan or additional plan, the agency having authority to approve the plan or additional plan shall use the amount of deposit including its interest for implementation of environmental renovation and restoration.
Article 9. Certifyation of completion of plan or additional plan
1. Organizations and individuals, after having completed each part or the whole contents of environmental renovation and restoration as per the approved plan or additional plan, shall prepare dossier of completion of plan or additional plan to request the inspection and certifyation of completion from the competent authorities.
2. The competent authorities having the authority to do the inspection and certifyation of completion of plan or additional plan is the authorities approving such plan or additional plan.
3. The inspection and certifyation of completion of entire contents of plan or additional plan is done during the acceptance of result of mine closing plan. The contents of decision on mine closing include the content of completion of entire plan or additional plan. The decision on mine closing supersedes the certifyation of completion of entire plan or additional plan.
Article 10. Responsibility of management authorities and units
1. Responsibilities of the Ministry of Natural Resources and Environment:
a) Develop and issue instructions on order, procedures, assessment contents, approval, inspection and certifyation of plan or addtional plan, deposit making for environmental renovation and restoration for mineral extraction activities;
b) Uniformly carry out the state management on environmental renovation and restoration and deposit making for environmental renovation and restoration for mineral extraction activities;
c) Assess, approve, inspect and certify the completion of plan or addtional plan under its authority;
d) Develop and issue the technical instructions on environmental protection, renovation and restoration in mineral extraction activities;
dd) Perform the periodic examination and inspection of environmental protection, renovation and restoration of organizations and individuals doing the mineral extraction and report to the Prime Minister on implementation result.
2. Responsibilities of ministries, ministerial-level agencies, government agencies (referred to as ministries and sectors):
a) Coordinate with the Ministry of Natural Resources and Environment in development and issue or submission to the competent level for the issue of documents related to the environmental renovation and restoration and deposit making for environmental renovation and restoration for mineral extraction activities;
b) Coordinate with the Ministry of Natural Resources and Environment and other agencies and organizations in implementation of regulations on environmental renovation and restoration and deposit making for environmental renovation and restoration for mineral extraction activities in accordance with the provisions in this Decree;
c) The Ministry of Finance shall take charge and coordinate with the Ministry of Natural Resources and Environment in instruction, management and use of deposit for environmental renovation and restoration from the environmental protection funds.
3. Responsibilities of the provincial People's Committees:
a) Assess, approve, inspect and certify the completion of plan or addtional plan under its authority;
b) Examine, inspect and provide instructions on environmental renovation and restoration and deposit making for environmental restoration of the organizations and individuals doing the mineral extraction in their management area;
c) Report to the Ministry of Natural Resources and Environment on the result of implementation of environmental renovation and restoration and deposit making for environmental restoration; reality of management and use of deposit before 31 December of each year.
4. Responsibilities of environmental protection funds:
a) Receive and confim in writing on deposit making of organizations and individuals doing mineral extraction;
b) Refund the deposit and its interest to the organizations and individuals under regulations;
c) Manage and use deposit in accordance with regulations of law. Make annual report to the provincial People’s Committee, the Ministry of Natural Resources and Environment and the Ministry of Finance on the reality of management and use of deposit.
d) Urge organizations and individuals extracting minerals to make deposit for environmental renovation and restoration on schedule and request the competent authorities to issue penalty decision due to late deposit.
5. Responsibilities of organizations and individuals extracting minerals
a) Prepare and submit plan or addtional plan to the competent level for assessment and approval; inform the contents of approved plan or addtional plan to the People’s Committee or communal Fatherland Front Committee where there are mineral extraction activities for inspection and supervision;
b) Carry out the environmental renovation and restoration and deposit for environmental renovation and restoration in accordance with regulation;
c) Develop and submit to the competent level, request the inspection and certify the completion of each part or the entire plan or addtional plan;
d) Make payment of assessment, inspection and certification of completion of plan or addtional plan in accordance with regulations of law;
dd) Report the implementation of environmental renovation and restoration and deposit making for environmental renovation and restoration to the agency approving the plan or addtional plan and the agency managing the environmental protection at localities before 15 December of each year.
Tìm kiếm
Nghị định 19/2015/NĐ-CP (Bản Pdf)
Nghị định 19/2015/NĐ-CP (Bản Word)