Chương IV Thông tư 38/2015/TT-BTNMT: Trình tự, thủ tục xác nhận hoàn thành từng phần và toàn bộ phương án, phương án bổ sung

Chapter IV

ORDER AND PROCEDURES FOR CERTIFICATION OF EACH PART AND THE WHOLE OF PLAN OR ADDITIONAL PLAN

Article 16. Dossier to request the certification of partial completion of plan or additional plan

1. After completing each part of contents of environmental remediation and restoration under the approved plan or additional plan, the organizations or individuals shall prepare and send their dossiers to request the competent organs specified in Clause 2, Article 9 of Decree No. 19/2015/ND-CP for verification and certification of completion.

2. The dossier to request the certification of partial completion of plan or additional plan includes:

a) A written request under the form specified in Annex 14 issued with this Circular.

b) 07 (seven) Reports on partial completion of plan or additional plan under the form specified in Annex 15 issued with this Circular.

Article 17. Verification and certification of partial completion of plan or additional plan

1. The time limit for certification of partial completion of plan or additional plan is no more than 40 (forty) working days after the certifying organ receives the complete and valid dossiers.

2. Order of verification and certification:

a) Within 10 (ten) working days after the receipt of dossier, the certifying organ shall establish an inspection team which consists of representative of certifying organ, representative of organ issuing the mineral mining Permit, experts of environment and mineral and other relevant areas; representative of organ managing the local environment and environmental protection fund where the organizations or individuals have made their deposit. In case of necessity, the certifying organ shall invite the organ supervising the environmental and works quality and some relevant unit to participate in the inspection team. The decision on establishment of inspection team is made under the form specified in Annex 16 issue with this Circular. In case the dossier is incomplete or invalid, the certifying organ shall notify in writing the organizations or individuals for addition and completion.

b) Within 10 (ten) working days after the establishment of inspection team, the certifying organ shall inspect the site and the result of site inspection is recorded in the form specified in Annex 17 issued with this Circular. The certifying organ may hire another functional organ to measure and take sample for verification of information and data in the reports.

c) Within 20 (twenty) working days after the completion of inspection, the certifying organ shall issue the Certification of partial completion of plan or additional plan under the form specified in Annex 18 issued with this Circular;

d) In case of necessity, the certifying organ shall consult in writing the organ issuing the mineral mining Permit about the mineral reserve within the area whose environment has been remediated and restored. The time to consult the opinions is not included in the time for certification of partial completion of plan or additional plan;

dd) Where the items and works whose environment has been remediated and restored but the quality and volume do not consist with the approved plan and additional plan, the certifying organ shall notify in writing and state the shortcomings to the organizations or individuals for remedy and completion.

3. The result of certification shall be returned at the certifying organ or by post.

4. Where the organizations or individuals mining the mineral requests to return a part of area which has been mined, the order and procedures for inspection and certification of partial completion shall comply with the order and procedures for approval and acceptance of mine closure scheme stipulated by the Ministry of Natural Resources and Environment. During the acceptance of mine closure scheme of each part, there must be the involvement and written opinion of the organ having the authority to appraise the scheme. The decision on mine closure shall supersede the certification of partial completion of plan or additional plan.

Article 18. Contents of inspection and working principles of inspection team

1. Contents of inspection:

a) Inspecting each content and item of works of environmental remediation and restoration completed in comparison with the reports and dossiers organizations or individuals have submitted;

b) Inspecting the volume, quality, result of maintenance of items of environmental remediation and restoration compared with the targets committed in the plan or additional plan, mining design dossier and applicable standards and regulations.

2. The inspection team works on the principle of open discussion between the members and between the members and representatives of organizations or individuals in the meetings and during inspection.

3. The inspection team only carries out the actual inspection of items and works of environmental remediation and restoration upon satisfaction of following condtions:

a) There are at least 2/3 (two thirds) of members of inspection team under the establishment decision of the certifying organ with the required presence of the team Head (or Deputy Head upon the Head’s absence).

b) There are competent representatives of organizations or individuals;

c) The organizations or individuals have paid the fees of inspection and certification of plan or additional as prescribed by law.

Article 19. Responsibilities and powers of inspection members

1. Responsibilities and powers of inspection members:

a) Study dossiers for certification of partial completion of plan or additional plan;

b) Participate in the meetings and actual inspection activities of inspection team;

c) Discuss directly with the organizations or individuals about the items and works of environmental remediation and restoration during the actual inspection;

d) Write comments and assessments of implementation of items and works of environmental remediation and restoration under the form specified in Annex 19 issued with this Circular and send them to the Head of inspection team for examination; take responsibility before law for their comments and assessments;

dd) Manage the provided materials as prescribed by law and return them upon requirement of the organ performing the inspection after the completion of duties;

e) Receive renumeration as prescribed by the current regulations of law during the actual inspection.

2. In addition to the responsibilities and powers specified in Clause 1 of this Article, the Head of inspection team shall have additional responsibilities as follows:

a) Takes general responsibility for activities of the inspection team;

b) Assigns duties to the members of inspection team;

c) Chairs and runs the meetings of inspection team;

d) Deals with recommendations of members of inspection team, organizations or individuals and representatives of relevant organizations or individuals during the actual inspection and comes to his/her conclusion.

Article 20. Certification of completion of the whole of plan or additional plan

1. The certification of completion of the whole of plan or additional plan is done in accordance with the provisions in Clause 3, Article 9 of Decree No. 19/2015/ND-CP.

2. The organ appraising the mine closure scheme shall coordinate and consult in writing the plan appraising organ about the contents of certification of completion of the whole of plan or additional plan during the appraisal, submission for approval and acceptance of result of implementation of mine closure scheme.

3. The order and procedures for certification of completion of the whole of plan or additional plan are done the same as those for approval and acceptance of mine closure scheme stipulated by the Ministry of Natural Resources and Environment.