Decision 18/2013/qd-Ttg Dated: About Improvement, Environmental Recovery And Restoration Funds, The Recovery Environment For Mining Activities

Original Language Title: Quyết định 18/2013/QĐ-TTg: về cải tạo, phục hồi môi trường và ký quỹ cải tạo, phục hồi môi trường đối với hoạt động khai thác khoáng sản

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PRIME MINISTER
Numbers: 18 /2013/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 29, 2013

A DECISION.

V. Renovation, environmental recovery and renovation,

restoration of the environment for mineral mining operations

______________________

The Base Law Base. I'm The government on December 25, 2001;

The Law base. Tell me Environment t November 29, 2005;

The Law base. K product on November 17, 2010;

At the suggestion of the Minister of Natural Resources and Environment ()

Prime Minister Main the decision to issue a decision on renovation, environmental recovery, and k What? Renovation fund, environmental recovery. Stain. i with warehouse mining operation Ah! Products Oh,

Chapter I

COMMON RULES

What? 1. The tuning range and subject apply

1. The decision stipulated the details of the renovation, environmental restoration and renovation of the foundation, the restoration of the environment for mineral mining operations on the territory of the Social Republic. brew -Vietnam.

2. This decision applies to organizations, individuals who are allowed to exploit the mineral and other organizations, the other individuals involved in the territory of the Socialist Republic of Vietnam.

3. Renovation, environmental recovery in exploration activities, oil and gas exploration, mineral water and natural hot water are not part of the v. i adjustment c brew A decision.

What? 2. Explain the word

In this Decision, the following words are understood as follows:

1. Reclamation, environmental recovery in mineral extraction is environmental, ecosystem (soil, water, air, natural landscape, vegetation, etc.) at the mining sector. Bitch. n and areas affected by mining activity on the environment of the environment close to the initial environmental state or achieving standards, regulation of safety, environment, and service of beneficial purposes for humans.

2. The reclamation fund, the environmental recovery in mining operations is the organization, the individual is allowed to exploit the mineral that pays a deposit into the Vietnam Environmental Protection Fund or Qu. Yeah. Protecting the environment of the local area of mining (later known as the Environmental Protection Foundation) to ensure renovation work, environmental restoration.

3. The project of renovation, environmental restoration, the manufacturer of mineral extraction, aims to determine the development of the environment, environmental rehabilitation, and the total number of funds for renovation, environmental recovery, and environmental exploitation. (The following is the project).

4. The area of the mining area is the area with the magnetic fields of 2 (two) of mining and influence, and mutual impact.

Chapter II

ENVIRONMENT RECOVERY

What? 3. Request for renovation, environmental recovery

1. Ensuring that the environment, ecosystems in the mineral mining area and the affected area of the operation to exploit the environment close to the initial environmental state or achieve standards, safety standards and the environment, ensure that the environment is safe. It is safe to serve human-specific purposes in the Appendix I issued with this decision.

2. In accordance with economic-social development planning; mineral extraction planning; land use planning and local environmental protection.

3. Make improvements, restore the environment in the course of the mineral extraction process.

4. In accordance with the method of renovation, environmental recovery. Brew The people of the province, the central city of the Central Committee (later called " Brew The people of the provincial population are issued for mining projects in the mining sector.

5. For improvements in environmental recovery in toxic mineral mining that contain radioactive substances other than the implementation of the decision, it must implement the regulation of the Atomic Energy Law and other provisions of the relevant law.

What? 4. Subject l We have to go. Okay. Additional sentence

1. Every organization, the individual involved in mining operations, has to be established. Okay. The agency's office has jurisdiction over it, approved. Specific objects include:

a) The organization, the individual who set up the record for issuing a license to the mineral.

b) The organization, the individual who is exploiting the mineral but has yet to have an improved project, reinstated the approved approved environment or unsigned fund, restored the environment.

2. The following subjects must create an improved project, restore an additional environment (later abbreviated as E). Okay. Additional sentence):

a) The organization, personally recommended to regulate the content of the mineral extraction permit for the area, the depth, the extraction capacity.

b) The organization, personally recommended for the extension of the mineral extraction permit.

c) The organization, the individual proposed to change the renovation, restore the environment in comparison to the approved scheme.

3. The following cases are not a plan. Okay. Sentence:

a) The organization, the individual who is exploiting the mineral has had the project to renovate, restore the approved environment and have signed the reclamation fund, restoring the environment in accordance with the regulation.

b) The organization, the individual exploitation of conventional construction materials by regulation at paragraph 2 Article 64 of the Mineral Law.

Fuck! i Five. Scale What? Form, the Project and the Additional Project

1. Time l shutter, the Project appraisal and the Additional Project are defined as follows:

a) The organization, the individual stipulated at the point a 1 Article 4 of this Decision, the Court of Justice, the state governing body with the authority to be appointed to the United States. Yeah. The appraisal appraisal point for environmental impact assessment or the Environmental Protection Statement by regulation.

b) Organization, the individual stipulated at the b point. 1 What? 4 of this Decision in addition to being treated under the law by law, in the non-02/2 (two) years from the date of the decision to take effect, the state governing body has jurisdiction, approval.

c) Organization, the individual stipulated at paragraph 2 Article 4 of this decision must be established, pp. What? Authority has jurisdiction, ph. Hey. Come on Okay. Supplements prior to the conduct of mineral exploitation or licensee of area, depth, capacity for extraction, renewing of mineral exploitation or changing methods of renovation, environmental restoration compared to the approved scheme.

2. Recommend Profile Move. I intend, approve the Proposition or the Additional Project specified as follows:

a) The profile of the appraisal, which approx the project, is composed of:

- The text of the appraisal, approval of the Project;

- 09 (nine) Proposition theory accompanied by related drawings;

- Environmental impact assessment reports or Environmental Protection Commitment or Environmental Standards Registration or Environmental Protection Project with a copy of the approval decision or confirmation paper (if available);

- The mining investment project is accompanied by the decision to approve the investment project, copy of the mineral extraction license (if available).

b) The profile recommended the appraisal, approx the Additional Project:

- The document recommended the appraisal, approval of the Additional Project;

- 09 (nine) The proposal for the Additional Project is accompanied by related drawings;

- The project, the Environmental Impact Assessment Report or the Environmental Protection Statement or the Registration of the Environment or Environmental Protection Project with a copy of the approval decision or validation paper;

- The mining investment project is accompanied by a copy of the decision to approve the investment project, a copy of the mineral extraction license (if available).

3. The Project Content and the Additional Project are defined as follows:

a) The contents of the project include:

- General information on the mining project and the legal base of the Project;

- The process of exploitation; topophysical characteristics, landmines; the reserves of the mine; the investment work items that exploit the mineral; environmental status, ecosystems in the mining sector and surrounding areas;

- Construction and selection of alternatives, environmental restoration;

- Build, catalogue and calculate the volume of the reclamation categories, restore the environment according to the method of renovation, restoration of the selected environment;

- Construction of the implementation plan and monitoring program during renovation, environmental restoration; program inspection, validation of completion of renovation work, environmental restoration;

- K What? Maintenance of renovation works, environmental restoration;

- Renovation of the fund, renovation of the environment, and the method of signing;

- Budget planning is enough to proceed. Bitch. i create, restore the environment at the time of the implementation of each category of renovation, restore the environment according to the method of renovation, restoration of the selected environment;

- The commitment to environmental quality, ecosystem and quality of the process of improving the environment after the end of mineral extraction.

b) The contents of the Additional Project include:

- General information on the mining project and the legal base for the construction of the Additional Project;

- Description and comparison of mineral mining status; natural conditions, terrain, geomartry and h ... i Environment, ecosystem at the time of the addition of the Complementary Project; compare the natural landscape, the environment, and ecosystems to natural conditions, the environment, and ecosystems when they have not yet begun to exploit;

- Construction and selection of alternatives, environmental restoration;

- Build, catalogue and calculate the volume of the reclamation categories, restore additional environment;

- Construction of the implementation plan and monitoring program during renovation, environmental restoration; program inspection, validation of completion of renovation work, environmental restoration;

- Maintenance plans for renovation work, environmental recovery;

- Renovation of the fund, rehabilitate the environment and the environment Oh! sign of the fund;

- Funding is sufficient to conduct renovation, restoration of the environment at the time of the implementation of each category of renovation, restoration of the environment according to the method of renovation, restoration of the selected environment;

- Cam k What? t the indicators of environmental quality, ecosystem and quality of the work of renovation, restoration of the environment after the end of mining.

What? 6. The organization of appraisal, approval of the Project or Additional Project

1. The jurisdiction of the appraisal, which approx the specified scheme as follows:

a) The Department of Natural Resources and Environment, approved the Project of the Prescribed Mineral Mining Projects at the point a 2 Article 18 of the Digital Protocol. 29 /2011/NĐ-CP April 18, 2011 of the Government rules on strategic environmental assessment, environmental impact assessment, commitment, and environmental impact assessment. What? t protect the environment (the following writing is the Digital Protocol) 29 /2011/NĐ-CP).

b) Ministries, peer agencies, government agencies to organize the appraisal, approve the Proposal for regulatory projects at point b, point paragraph 2 Article 18 of the Digital Protocol. 29 /2011/NĐ-CP.

c) The Provincial People ' s Provincial Committee of the Appraisal, Approval of the Project of Mining Projects o It ' s regulation at the point of D 2 of the Digital Decree. 29 /2011/NĐ-CP.

d) The Department of Natural Resources and the Environment of the Environment is determined by the projects of mining projects on the site, except for regulatory projects at points a, point b, point c.

2. The agency has a jurisdiction, approving the Additional Project as the appraisal agency, approving the Project.

3. The appraisal of the project or the Additional Project is made through the appraisal council. A functional appraisal council, the task of helping the authorities to approve the approval review, is valid on the legal basis, the method of renovation, environmental restoration, the deposit of funds in the Project or the Additional Project.

4. The specified process is as follows:

a) The organization's project, the individual stipulated at the point a 1 Article 4 of the decision, has a mining investment project under the environmental impact report, appraisal and environmental impact assessment. Number Protocol 29 /2011/NĐ-CP.

b) The organization's project, the individual stipulated at the point a 1 Article 4 of this Decision, has a mineral mining project under the established object for environmental protection; Project or E. Okay. The addition of the organization, the individual stipulated at the point b 1, paragraph 2 Article 4 of the decision is set as follows:

- In the period 05 (year) date from the date of the reception of the appraisal of the appraisal, the state governing body has the authority to conduct a review of the sweep, see the full calculation, the validity of the case. The case case is incomplete or not valid, the agency has a written notice authority for the organization, the individual knows to complete the profile;

- After receiving a valid record, the state governing body has the authority to be appointed to hold the Council of Appraisal; the written notice of the appraisal results for the organization, the individual knows; in the 30 (thirty) date from the date of the session of the jury meeting. The organization, the organization, the individual must edit, complete the Project, or the Additional Project, and send it back to the state governing body with a jurisdiction to review, approve;

- During the review of the editing content, finalization of the Request or Additional Project according to the results of the appraisal board meeting, the appraisal agency may inform or send electronic text to the organization, the individual mining the mineral for the request to continue. edit, add in the Case Project or Proposal case Murder. The requested addition is not met;

- In the 15 (fifteen) days of the date since receiving the complete record, the state governing body has the authority to issue a decision to approve the Proposition or the Additional Project;

- After issuing a decision to approve the Proposal or Additional Project, the approval agency must testify on the back of the cover page; submit to the organization, the individual and the related units.

5. The specified appraisal deadline or the Additional Project is as follows:

a) Project or E Okay. the addition of the appraisal authority of the ministries, the peer agency, the government agency, the maximum appraisal deadline is 45 (b). Stain. The day, since the date of the adoption is valid. The complex project case for renovation, environmental restoration, the maximum appraisal deadline is 60 (sixty) days.

b) The project or the Additional Project is not subject to the jurisdiction of the ministries, the peer-to-government agency, the government agency, the maximum appraisal deadline is 30 (thirty) days, since the date receives sufficient valid records. For complex projects of renovation, environmental recovery, the appraisal deadline is 45 (forty-five) days.

c) In the case of necessity, the authority is examining the field before the organization's appraisal. The time of the survey and the complete time of the record do not count on the time of the appraisal.

Chapter III

CREATE AN IMPROVED FUND, ENVIRONMENT RECOVERY

What? 7. The purpose and principle of the signing

1. The purpose of the reclamation fund, the restoration of the environment is to ensure the organization, the individual mining the mineral that performs the renovation, restoration of the environment by law.

2. The principle of the signing:

a) The organization, the mineral exploitation individual must carry out the fund at the Environmental Protection Fund. In the local case where there is a mining operation where there is no Environmental Protection Fund, the individual must sign funds at the Vietnam Environmental Protection Fund.

b) The money deposit is filed, reimbursable by the Vietnamese currency.

c) The fund deposit is entitled to an unrestricted deposit rate and is calculated from the time of the signing of the fund.

d) The organization, the individual is only retracted from interest only once, after having a certificate of complete completion of the entire content of the renovation, restoration of the environment.

What? 8. The calculation of the fund deposit

1. The total amount of money signed by the total implementation of the renovation work items, the restoration of the specified environment at Annex II issued by this Decision.

2. The cost of making each of the work categories for renovation, restoration of the environment must apply the local application at the time of the Proposal or the Additional Project. The local case is not available. Uh ... The price, the rating, applies as defined by the ministry, the corresponding or local sector of the same area.

3. The time of the deposit is defined as follows:

a) For the new mining investment project, the time of the fund sign is determined by the approved mining investment project.

b) For mineral mining areas that have been c All The license to exploit, the time of the signing of the fund is determined by the remainder of the license for the mineral extraction.

c) For the case of a mineral extraction license that has a different time of exploitation with the time calculated in the Project or Approved Additional Scheme, the organization, the individual regulates the content and expects the number of funds signed by the mineral mining license. level and send approval agency to review, what is the point? All right Yeah.

What? 9. Fund method

1. The case for mineral extraction permits under 3 (three) years must be made a one-time deposit. The deposit rate is 100% (one hundred percent) of the amount approved.

2. The case of mineral extraction permit has a deadline from 03 (three) five tr in It is allowed to sign the funds several times and by the following regulations:

a) First number of funds:

- For mineral extraction licenses there are under 10 (ten) years the value of the deposit. And The head is 25% (twenty-five percent) of the total number of funds;

- For mineral extraction permits from 10 (ten) years to less than 20 (twenty) years of age. What? The initial fund was 20% (twenty percent) of the total number of funds;

- For a mineral extraction permit from 20 (twenty) years or more, the initial deposit rate is equal to 15% (fifteen per cent) of the total amount of deposit.

b) The number of post-term funds is calculated by the total number of funds except for the first amount of deposit, divided both for years under the approved investment project or the remaining time under the mineral exploitation license.

3. The organization, the individual may choose to sign the fund once for the entire number of funds.

What? 10. Presentation, fund sign, reimbursable fund returns

1. Fund execution time:

a) The organization, the individual allowed to exploit the mineral must make its first deposit before putting the mine into mining 30 (thirty) days.

b) The signing of the fund multiple times, the signing of the fund from the second time onwards must be made before the 30th of January of the year of the foundation.

2. Fund signing file:

a) The text of the proposal to sign the reclamation fund, the environmental restoration of the organization, the individual.

b) The decision to approve the Proposal or Additional Project.

3. The principle of reimbursable funds:

a) The organization, the individual who exploited the mineral, paid the deposit in accordance with the partially reimbursable provision or the entire fund deposit.

b) The refund of the deposit is determined by the completed volume of each work category according to each phase of the Proposition or the Additional Project has been approved and the state governing body has the authority to grant confirmation.

4. The file for the refund of the fund's deposit is:

a) The text offers to reimbursate funds for the renovation, restoration of the environment.

b) The certificate completes each part or the entire renovation, restoration of the environment.

5. In the period 05 (year) date, the Environmental Protection Foundation reimburses the fund deposit for t socket function, the individual after receiving all the valid valid records at paragraph 4 This.

What? 11. Manage and use fund money

1. The fund protects the management environment, using and reimbursable funds in accordance with the provisions of the law.

2. In the event of an organization, the individual who exploit the mineral has signed the fund but is bankrupt the agency has the authority to approve the Project or the Additional Project responsible for using the number of funds to use the funds, including interest to perform the renovation, restoration of the environment.

Chapter IV

CONFIRM THE COMPLETION OF THE RENOVATION, RESTORE THE ENVIRONMENT

What? 12. The proposed filing confirmed the completion of the renovation content, restoration of the environment

1. Organization, individual after the Oh, complete partial or entire renovation content, environmental recovery under the Approved Additional Project or Approved Scheme, the Report completed the renovation, restoration of the environment (later abbreviated as Report), recommended that the authorities have the authority to examine, confirm.

2. Report rules:

a) For a mineral extraction permit that has a period of less than 03 (three) years, the report and inspection offer, confirm the completion of the renovation, restore the environment 01 (one) a time.

b) For a mineral extraction permit that has a deadline of 3 (three) years or more, it is possible to report an inspection offer, which is confirmed when completing each work item by the Project or Additional Project has been approved.

c) Environmental rehabilitation must ensure the requirements of quantity, quality according to the standards, regulations, and implementation of maintenance, maintenance of the work under the Approved Project or Additional Project.

3. Report Content:

a) The legal basis for reporting.

b) The process of renovation work, the completion of the completed environment in accordance with the required approval, is accompanied by a review of the quality of the work and the environmental quality of the inspection unit, which oversees the functional monitoring function.

c) The amount of the offer is reimbursable corresponding to the money value of the public categories to Reclamation, restoration of the environment that was calculated in the Proposition or Additional Project was approved.

d) Consultation with community opinion is carried out as the community consultation pursuant to Article 15 of the Digital Protocol. 29 /2011/NĐ-CP.

4. The profile recommended testing, which confirms the completion of the renovation content, restoration of the environment including:

a) The text of the test recommended, confirm the completion of the renovation content, restore the environment.

b) 07 (seven) The report completes renovation, restoration of the environment.

c) 07 (seven) Report results of monitoring results, process quality testing and environmental quality of the unit t. U Detective, surveillance.

d) 01 (a) Project copy or Additional Project with approval decision.

What? 13. Check, confirm the completion of the renovation, restore the environment

1. The agency has the authority to examine, confirm the completion of the renovation content, the environmental restoration is the agency approx of the Proposition or the Additional Project.

2. The certificate completes an entire content of renovation, restoration of the environment as the basis for conducting mining procedures, land tables, and renovation works, to restore the environment to the local regulatory management.

3. The rules, the inspection process, confirm:

a) The confirmation of the completion of the renovation, restoration of the environment through the actual test form c Boob the involvement of the agencies involved.

b) Test procedure, validation:

- In the period 05 (year) date from the date of receiving the record, the authority has the authority to consider the full, validity of the filing and notification to require the organization, the individual modified, added if incomplete or unvalid;

- In the 30 (thirty) days from the date of the receiving of valid records, the agency has the authority to check, confirm the formation of the Company to complete the completion of the Project Content Project or the Additional Project. Part of the inspection team consists of: local government representatives, the local government and local environmental management authority, the mineral rights licensing authority, the Environmental Protection Foundation, the organization, and the fund. The case is necessary, the authorities have the authority to control. to a, confirming an invitation to add a number of related units, the environmental quality monitoring advisory body and the renovation work, restoration of the environment to the inspection team;

- After the test results, the agency has the authority to check, confirm the written notice of the test results for the organization, the individual knows;

- In the 15 (fifteen) deadline day after a written notice of the test results. to a or after receiving enough complete records in the case that must be added at the request of the Test Corps, the authority with the authority to check, confirm the completion of the completed validation paper, restore the environment.

4. Test contents:

a) Check every category of renovation work, environmental recovery compared to the report and profile of the organization, the individual has submitted.

b) Volume check, quality; process, k. What? a single, maintenance, environmental recovery, maintenance, environmental recovery, and maintenance. to Additional Project bees or Additional projects, mining design profiles, standards, applicable regulations.

Chapter V.

THE RESPONSIBILITY OF THE GOVERNING BODIES AND THE UNITS

What? 14. The responsibility of the Ministry of Natural Resources and Environment

1. Presiding, coordinating with ministries, peer agencies, government agencies, and the Provincial People's Committee for implementing the deployment, inspection, inspection of this Decision.

2. Build and enact or enact the v What? n map of law, guidelines to Improve environmental recovery, environmental recovery, and fund reclamation, environmental recovery of mining operations.

3. Appraisal, approval of the Project or Complementary Project and Examination, confirm the completion of the renovation content, restore the environment according to the jurisdiction.

4. Construction and issuing guidelines for environmental protection, renovation and environmental restoration on mining operations, the mining sector by regulation.

5. The presiding officer, in coordination with the ministries, peer agency, government agency, and the Provincial People ' s Commission identified the affected areas due to toxic mineral exploitation containing radioactive substances; assessing the impact caused by toxic mineral exploitation containing the substance of the mineral. Radiation to the environment and humans.

6. Every year, check out the environment, inspects environmental protection; renovation, environmental recovery, and jurisdiction.

What? 15. The responsibility of the ministries, across the ministry, the agency in the brew

1. Appraisal, Proposition or E Okay. the addition and examination, validation of the completion of the renovation, restoration of the environment according to the jurisdiction.

2. Guidance, inspection, inspection of the renovation, environmental recovery and renovation of the foundation, restoration of the environment of institutions, the individual mining of minerals by jurisdiction.

3. Breach processing in the area of renovation, environmental recovery and renovation, environmental recovery by jurisdiction.

4. Report on the Ministry of Natural Resources and the Environment for the implementation of the renovation, environmental recovery and renovation of the renovation, restoration of the environment before December 31 annually.

What? 16. Provincial People ' s Committee

1. Appraisal, approval and inspection, validation of the completion of the reclamation, environmental recovery under the Jurisdiction Or Additional Project of the jurisdiction.

2. The board of planning land use after mineral exploitation; renovation, restoration of the interconnected area environment Show On the ground.

3. Instructs, inspectors, test for renovation, environmental recovery and renovation, environmental restoration of institutions, individuals mining minerals by jurisdiction.

4. The Ministry of Natural Resources and Environmental Resources results implementation of the renovation, environmental recovery and renovation, environmental recovery; management situation, use of fund money and environmental protection fees on the environment. Oh. i operate the mineral deposits on the ground before 30 November of every year.

What? 17. Environmental Protection Fund accountability

1. Take over the funds of the organizations, the individual mining the mineral.

2. Confirm k What? the fund for the organization, the individual and sent to the agency with the authority to approve the Request or Additional Project, the governing body l The state of the local environment.

3. Reimbursable funds and money deposit rates for organizations, individuals by regulation.

4. In charge of management, the use of deposit proceeds by law. Annually, report to the Provincial People's Committee and the Ministry of Natural Resources and Environment on the situation of management, use, refund of funds.

5. For example, the organization of the organization, the individual mining the mineral deposits. The petition has jurisdiction over the violation of the deposit.

What? 1 8 Responsibility for the organization, the individual mining.

1. Set, the grant has the jurisdiction of the appraisal, approval of the Project or the Additional Project.

2. The announcement of the Proposition or Additional Project has been approved for the residential community through the People's Committee, the Organisitological Committee on the State Front, which exploits the mineral for inspection, monitoring.

3. Full implementation of the renovation, environment recovery, and signing of the project in accordance with the Recommended Project or Additional Project was approved.

4. Appraisal fees, check, confirm the completion of the Request or Specified Additional Scheme.

5. The situation report performs renovation, environmental recovery, and funding of the Agency for Approval Approval or Additional Project and Environmental Protection Agency for the protection of the environment before 30 November.

Chapter VI

EXECUTION CLAUSE

What? 19.

This decision has the enforcement effect since May 15, 2013 and replaces the Number One Decision. 71 /2008/QĐ-TTg on 29 May 2008 by the Prime Minister on the signing of the reclamation fund, environmental recovery for mineral mining operations. Bitch. n.

What? 20. The organization performs

1. The Ministry of Natural Resources and Environment in coordination with the ministries, peer agencies, government agencies and the People's Committee of the provinces, the Central City of the Central Committee, and the organization implement this Decision.

2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of China, the institutions, the individual mining the mineral, the Environmental Protection Foundation and the institutions, the individual involved in charge. This decision is done. ./.

Prime Minister

(signed)

Dao Dung