Chương 2 Quyết định 18/2013/QĐ-TTg: Cải tạo, phục hồi môi trường

Chapter 2.

ENVIRONMENTAL REMEDIATION

Article 3. Requirements of environmental remediation

1. Ensure that the environment and ecosystems at mineral extraction areas and effected areas are restored close to their initial condition, or reach the standards and regulations on safety and environment, ensure the safety and serve the purposes beneficial to humans as prescribed in Appendix I to this Decision.

2. The environmental remediation is suitable for local socio-economic development plans, mineral extraction plans, land use and environment protection plans.

3. The environmental remediation is carried out during mineral extraction process.

4. The environmental remediation is suitable for the plans for environmental remediation made by People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) applicable to mineral extraction projects lies within joint-mining areas.

5. The environmental remediation in extraction of toxic minerals that contain radioactive materials must comply with the Law on Atomic Energy and relevant laws apart from complying with this Decision.

Article 4. Subjects of projects and supplementary projects

1. All organizations and individuals involved in mineral extraction shall make and submit plans to competent authorities for consideration and approval. In particular:

a) Organizations and individuals applying for Licenses for mineral extraction.

b) Organizations and individuals engaged in mineral extraction without approved plans for environmental remediation nor paying environmental remediation deposits.

2. The following subjects shall make supplementary environmental remediation projects (hereinafter referred to as supplementary projects):

a) Organizations and individuals requesting the adjustment of the Licenses for mineral extraction in terms of area, depth, and output.

b) Organizations and individuals applying for extension of Licenses for mineral extraction.

c) Organizations and individuals applying for changes in environmental remediation projects.

3. The projects are exempt in the following cases:

b) Organizations and individuals engaged in mineral extraction that have approved plans for environmental remediation or paid environmental remediation deposits as prescribed.

b) Organizations and individuals engaged in ordinary building material extraction as prescribed in Clause 2 Article 64 of the Law on Mineral.

Article 5. Process of making and submitting projects and supplementary projects

1. Time for making and submitting projects and supplementary projects:

a) Organizations and individuals prescribed in Point a Clause 1 Article 4 of this Decision shall make and submit projects to competent authorities for assessment together with the report on environmental impact assessment or the environment protection commitment as prescribed.

b) Organizations and individuals prescribed in Point b Clause 1 Article 4 of this Decision, apart from being penalized as prescribed by law, shall make and submit projects to competent authorities for assessment within 02 years from the effective date of this Decision.

c) Organizations and individuals prescribed Clause 2 Article 4 of this Decision shall make and submit supplementary projects to competent authorities for assessment before commencing the mineral extraction or being licensed to change the area, depth, output, or having the Licenses for mineral extraction extended, or changing the environmental remediation projects.

2. Dossier of application for the approval for a project or supplementary project:

a) The application for the approval for the project includes:

- The written request for the approval for the project;

- 09 descriptions of the project together with relevant drawings;

- The report on environmental impact assessment or environment protection commitment or registration of tax exemption standards or environment protection project together with the copy of the decision on approval or certificate (if any)

- Project of investment in mineral extraction together with the Decision to approve the project of investment, and the copy of the License for mineral extraction (if any).

b) The application for the approval for the supplementary project includes:

- The written request for the approval for the supplementary project;

- 09 descriptions of the supplementary project together with relevant drawings;

- The report on environmental impact assessment or environment protection commitment or registration of tax exemption standards or environment protection plan together with the copy of the decision on approval or certificate;

- Project of investment in mineral extraction together with the Decision to approve the project of investment and the copy of the License for mineral extraction (if any).

3. Contents of a project and supplementary project:

a) Project contents:

- Information about the mineral extraction project and legal basis for the plan;

- The extraction process, topographical and geomorphological characteristics; reserves of mines; mineral extraction works; condition of the environment and ecosystems in mineral extraction areas and the vicinity;

- Formulate and select an environmental remediation plan;

- Compile a list and calculate the volume of environmental remediation works according to the selected environmental remediation plan;

- Make an implementation and supervision program during the environmental remediation; a plan for inspecting and certifying the completion of environmental remediation;

- The plan for maintaining environmental remediation works:

- The amount of environmental remediation deposit and method of payment;

- Estimates of funding for each environmental remediation work according to the selected environmental remediation plan;

- Commitment on the standards of the environment, ecosystems, and quality of environmental remediation after the mineral extraction is done.

b) A supplementary project is composed of:

- General information about the mineral extraction project and legal basis for the supplementary project;

- Description and comparison of mineral extraction condition; natural conditions, topographical and geomorphological characteristics, and the ecosystems at the time of making the supplementary project; comparison the current natural landscape, the environment and ecosystems with those before the extraction;

- Formulate and select an environmental remediation plan;

- Compile a list and calculate the volume of supplementary environmental remediation works;

- Make an implementation and supervision program during the environmental remediation; a plan for inspecting and certifying the completion of environmental remediation;

- The plan for maintaining environmental remediation works:

- The amount of environmental remediation deposits and method of payment;

- Estimates of funding for each environmental remediation work according to the selected environmental remediation plan;

- Commitment on the standards of the environment, ecosystems, and quality of environmental remediation after the mineral extraction is done.

Article 6. Assessing and approving projects and supplementary projects

1. Authority to assess and approve projects:

a) The Ministry of Natural Resources and Environment shall assess and approve mineral extraction projects prescribed in Point a Clause 2 Article 18 of the Government's Decree No. 29/2011/ND-CP dated April 18^th 2011 on strategic environmental assessment, environmental impact assessment, and environment protection commitment (hereinafter referred to as the Decree No. 29/2011/ND-CP).

b) Ministries, ministerial agencies, Governmental agencies shall assess and approve the projects prescribed in Point b and Point c Clause 2 Article 18 of the Decree No. 29/2011/ND-CP.

c) Provincial People’s Committees shall assess and approve the plans of mineral extraction projects prescribed in Point d Clause 2 Article 18 of the Decree No. 29/2011/ND-CP.

d) The Service of Natural Resources and Environment shall approve plans of local mineral extraction projects, except for those in Point a, Point b, and Point c of this Clause.

2. The authorities competent to assess and approve supplementary projects are the authorities competent to approve projects.

3. The assessment of projects or supplementary projects shall be carried out by assessment councils. Assessment councils shall assist competent authorities in examining the correctness of the legal basis, environmental remediation plans, and amount of payments to funds in projects or supplementary projects..

4. Assessment process:

a) Projects made by the organizations and individuals prescribed in Point a Clause 1 Article 4 of this Decision that have projects of investment in mineral extraction of which environmental impact assessment reports are compulsory shall be assessed together with eh environmental impact assessment reports as prescribed in the Decree No. 29/2011/ND-CP.

b) Projects made by the organizations and individuals prescribed in Point a Clause 1 Article 4 of this Decision that have projects of investment in mineral extraction of environment protection commitments are compulsory; projects and supplementary projects of the organizations and individuals prescribed in Point b Clause 1 and Clause 2 Article 4 of this Decision shall be assessed as follows:

- Within 05 days from the day on which the dossier of application for approval is received, the competent authority shall examine the adequacy and validity of the dossier. If the dossier is not complete or valid, competent authority shall request in writing the applicant to complete the dossier;

- After the valid dossier is received, the competent authority shall convene the assessment council, notify the assessment result to the applicant; within 30 days from the day on which the assessment council is convened, the applicant shall revise and complement the project or supplementary project and send it back to the competent authority for consideration and approval;

- While the project or supplementary project is being complemented at the request of the assessment council, the assessing authority may send request the applicant in writing or by email to keep complementing the unsatisfactory project or supplementary project.

- Within 15 days from the day on which the dossier is received, the competent authority shall decide to approve the project or supplementary project;

- After making the decision to approve the project or supplementary project, the approving authority shall make a written certification on the overleaf of the cover page, and send it to the applicant and involved units.

5. Deadline for assessing projects and supplementary projects:

a) Projects or supplementary projects within the competence of Ministries, ministerial agencies, and Governmental agencies shall be assessed within 45 days from the day on which the complete and valid dossier is received. The complicated environmental remediation projects shall be assessed within 60 days.

b) Projects or supplementary projects outside the competence of Ministries, ministerial agencies, and Governmental agencies shall be assessed within 30 days from the day on which the complete and valid dossier is received. The complicated environmental remediation projects shall be assessed within 45 days.

c) Assessing authorities may carry out field inspections before the assessment where necessary. The periods of survey and dossier complementation are not included in assessment period.