Chương IV Quyết định 71/2008/QĐ-TTG: Quản lý, sử dụng tiền ký quỹ

Chapter IV

MANAGEMENT AND USE OF DEPOSITS

Article 11.- Dossier, order and procedures for certifying the completion of environmental rehabilitation and restoration

1. After completing environmental rehabilitation and restoration, mineral exploiters shall compile and send dossiers requesting certification of the completion of environmental rehabilitation and restoration contents to agencies competent to approve environmental rehabilitation and restoration projects. A dossier comprises:

a/ A report on results of the project on post-mining environmental rehabilitation and restoration, which also requests the competent agency which has approved the project to certify the completion of environmental rehabilitation and restoration;

b/ A report on community consultation on the completion of post-mining environmental rehabilitation and restoration.

2. Community consultation shall be held as follows:

a/ Mineral exploiters shall send written notices of completed environmental rehabilitation and restoration contents to People's Committees of communes, wards or townships (below collectively referred to as commune-level People's Committees) and Fatherland Front Committees of communes. wards or townships (below collectively referred to as commune-level Fatherland Front Committees.) where minerals are exploited for their written opinions:

b/ In case the commune-level People's Committee or Fatherland Front Committee of the locality where minerals are exploited requests a dialogue, the mineral exploiter shall coordinate with the former in holding such a dialogue. Dialogue results shall be recorded in a minutes, fully reflecting the discussed opinions and opinions accepted or rejected by the mineral exploiter. The minutes must be signed (with full names and positions) by the person presiding over the dialogue and the mineral exploiter, enclosed with a list of dialogue attendants;

c/ Copies of written opinions of commune-level People's Committees and Fatherland Front Committees of localities where minerals are exploited, dialogue minutes as well as other documents (if any) must be enclosed with reports on community consultations on the completion of post-mining environmental rehabilitation and restoration.

3. Inspection and certification of environmental rehabilitation and restoration

a/ Competent agencies shall decide on the setting up of inspection teams. A team for inspecting the execution of an environmental rehabilitation and restoration project consists of representatives of the local administration, the local natural resources and environment agency and the mineral exploitation licensing agency. When necessary, the agency with inspection and certification competence may invite a consultancy agency specialized in technical appraisal of environmental rehabilitation and restoration works to join the inspection team.

b/ The inspection and consideration for certification of the performance of contents of an environmental rehabilitation and restoration project cover:

- Studying and examining the certification application dossier submitted by the mineral exploiter;

- Conducting inspection at the project execution site.

c/ Inspection results must be recorded in a minutes signed by representatives, of agencies joining the inspection team, the mineral exploiter and a representative of the local administration.

4. Technical appraisal of environmental rehabilitation and restoration works

a/ Technical appraisal of environmental rehabilitation and restoration works shall be conducted in accordance with law;

b/ Mineral exploiters may invite independent technical appraisal agencies to conduct the appraisal:

c/ Technical appraisal expenses shall be accounted as post-mining environmental rehabilitation and restoration expenses.

5. Certification of the performance of environmental rehabilitation and restoration contents

a/ A certificate of the completion of the contents of an environmental rehabilitation and restoration project shall be issued by a competent agency;

b/ Within 3 (three) working days after receiving a dossier, the agency with inspection and certification competence shall examine the dossier's completeness and validity and request the mineral exploiter to modify or supplement the dossier if it is incomplete or invalid;

c/ Within 20 (twenty) working days after receiving a complete and valid dossier the agency with inspection and certification competence shall issue a certificate of the completion of the contents of an environmental rehabilitation and restoration project to the applicant. The duration for setting up an inspection team and inspecting the completion of the contents of an environmental rehabilitation and restoration project is not included in the above 20-working day time limit.

d/ Five years after the completion of environmental restoration works which have been properly maintained under the approved environmental rehabilitation and restoration project, the agency competent to approve environmental rehabilitation and restoration projects shall inspect and certify the completion of all contents of such project. After receiving the certification, mineral exploiters may make the last withdrawal of money under Clause 2, Article 12 of this Decision.

e/ If not certifying the completion of environmental rehabilitation and restoration contents, within 20 (twenty) working days as prescribed at Point c. Clause 5 of this Article, agencies with inspection and certification competence shall notify in writing mineral exploiters of the reason for non-certification.

Article 12.- Use of deposits

1. Deposits must be used properly for post-mining environmental rehabilitation and restoration. After having partially or wholly completed environmental rehabilitation and restoration, mineral exploiters may withdraw part or the whole of the deposits from Environmental Protection Funds in accordance with Clause 2 of this Article.

2. The last withdrawal of money may be made 5 (five) years after a mineral exploiter is certified to have completed environmental rehabilitation and restoration. Mineral exploiter shall continue to be held answerable for the quality of environmental rehabilitation and restoration projects to meet environmental rehabilitation and restoration requirements specified in Appendix 1 to this Decision until they arc allowed to make the last withdrawal of money.

3. In case mineral exploiters have made deposits but fail to rehabilitate and restore the environment or are then dissolved or go bankrupt, agencies competent to approve environmental rehabilitation and restoration projects shall decide to permit the use of the deposits for environmental restoration and select units to restore the environment in accordance with law.

4. Five years after completing environmental rehabilitation and restoration, mineral exploiters shall compile dossiers of application for deposit refund. A dossier comprises:

a/ An application for withdrawal of the deposit for environmental rehabilitation and restoration during mineral exploitation;

b/ A competent inspection agency's document certifying the mineral exploiter's fulfillment of environmental rehabilitation and restoration obligations according to law.

5. Within 5 (five) working days after receiving a valid dossier specified in Clause 4 of this Article. Environmental Protection Funds shall completely refund deposits and close deposit accounts and. at the same time, notify such in writing to agencies competent to approve environmental rehabilitation and restoration projects.

6. Mineral exploiters may withdraw interests on their deposits without having to get certification of agencies with inspection and certification competence.