Chương II Quyết định 71/2008/QĐ-TTG: Căn cứ và phương pháp xác định khoản tiền ký quỹ

Chapter II

BASES FOR AND METHODS OF DETERMINING DEPOSITS

Article 7.- Bases for determining deposits

1. Deposits shall be calculated based on the exploitation scope, adverse impacts on the environment, specific characteristics of the exploited mine areas and expenses necessary for post-mining environmental rehabilitation and restoration. Deposits shall be specified in environmental rehabilitation and restoration projects already evaluated and approved by competent agencies.

2. Deposits shall be calculated on the basis of the most adverse impacts expected to be caused by mineral exploitation activities to the eco-environment.

3. Environmental rehabilitation and restoration deposit is a sum of money to financially secure environmental rehabilitation and restoration during and after mineral exploitation. Actual sums of money for environmental rehabilitation and restoration depend on environmental rehabilitation and restoration projects and activities actually carried out by owners of mineral exploitation projects in order to rehabilitate and restore the environment.

Article 8.- Methods of calculating deposits and modes of depositing

1. A deposit is the total cost for environmental rehabilitation and restoration specified in Appendix 2 to this Decision.

2. In case the licensed mining duration is different from the duration anticipated in the investment report and environmental impact assessment report, a deposit is the total environmental rehabilitation and restoration cost multiplied by the coefficient of time T.

With T. being the licensed mining duration and Tb being the duration anticipated in the investment report and environmental impact assessment report.

3. In case a mineral exploitation license has a term of less than 3 (three) years, a lump-sum deposit must be made. The level of deposit is equal to 100% (one hundred per cent) of the estimated total cost for environmental rehabilitation under the environmental rehabilitation and restoration project already evaluated and approved by a competent agency.

4. In case a mineral exploitation license has a term of 3 (three) or more years, deposits may be made in installments.

a/ The first deposit installment is specified as follows:

- For projects with a licensed term (Tg) of less than 10 years, the first deposit installment is equal to 25% (twenty five percent) of the to-be-deposited sum;

- For projects with a licensed term (Tg) of between 10 and under 20 years, the first deposit installment is equal to 20% (twenty per cent) of the to-be-deposited sum:

- For projects with a licensed term (Tg) of 20 or more years, the first deposit installment is equal to 15% (fifteen per cent) of the to-be-deposited sum.

b/ Each subsequent deposit installment is the to-be-deposited sum minus the first deposit installment, and equally divided by the remaining years of the licensed term.

5. In cases in which they are permitted to make deposits in installments, mineral exploiters may opt to make a lump-sum deposit for the whole licensed mineral exploitation term.

6. In case of extension of the exploitation duration, mineral exploiters snail formulate additional projects on environmental rehabilitation and restoration and make additional deposits for extended exploitation activities.