Chương 4 Quyết định 18/2013/QĐ-TTg: Xác nhận hoàn thành cải tạo, phục hồi môi trường

Chapter 4.

CERTIFICATION OF COMPLETION OF ENVIRONMENTAL REMEDIATION

Article 12. Application for the certification of completion of environmental remediation

1. After one or all environmental remediation works are completed according to the approved project or supplementary project, a report on the completion of environmental remediation (hereinafter referred to as report) shall be made and send to a competent authority for certification.

2. Report making principles:

a) For Licenses for mineral extraction with validity periods shorter than 03 years, 01 report and request for the certification of environmental remediation completion shall be made.

a) For Licenses for mineral extraction with validity periods 03 years or longer, reports and requests for the certification of completion of each work shall be made according to the approved project or supplementary project.

c) The environmental remediation works must ensure the quality and quantity according to standards, and be maintained in accordance with the approved project or supplementary project.

3. Report contents:

a) Legal basis of the report.

b) Completed environmental remediation works in accordance with the requirements, enclosed with an assessment of work quality and environment quality carried by the supervising authority.

c) The amount refunded corresponds to the value in cash of environmental remediation works in the approved project or supplementary project.

d) Consultation with the community is done in accordance with Article 15 of the Decree No. 29/2011/ND-CP.

4. The application for the certification of completion of environmental remediation

a) The written request for the certification of completion of environmental remediation,

b) 07 reports on the completion of environmental remediation.

c) 07 reports on the work quality assessment and environment quality assessment made by the supervising authority.

d) 01 copy of the project or supplementary project enclosed with the decision to approve.

Article 13. Inspection and certification of completion of environmental remediation

1. The authority competent to inspect and certify the completion of environmental remediation is the authority that approved the project or supplementary project.

2. The certificate of environmental remediation completion is the basis for beginning the procedures for closing the mine, handing over land and environmental remediation works to the local government as prescribed.

3. Certification procedure:

a) The certification of environmental remediation completion is done by field inspection participated by involved organizations.

b) Inspection and certification procedure:

- Within 05 days from the day on which the dossier is received, the competent authority shall examine the adequacy and validity of the dossier and request the applicant to make supplementation if the dossier is not complete or valid;

- Within 30 days from the day on which the complete and valid dossier is received, the competent authority shall establish a Inspectorate to verify the completion of the project or supplementary project. The Inspectorate includes: representatives of the local government, representative of local Natural Resources and Environment Agency, the authority that issued the License for mineral extraction, environment protection fund to which the deposit is paid. The competent authority may invite some relevant units and agencies in charge of supervising environmental remediation work quality and environment quality to join the Inspectorate;

- After the inspection result is given, the competent authority shall send a written notification of the inspection result to the applicant;

- Within 15 days after the written notification of the inspection result is made of after the complete dossier is received in case supplementation must be made at the request of the Inspectorate, the competent authority shall issue the Certificate of environmental remediation completion.

4. Inspection contents:

a) Compare each environmental remediation works with the report submitted by the applicant.

b) Compare the volume, quality, and maintenance of environmental remediation works with the claims in the project or supplementary project, the design dossier, and applicable standards.

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