CIRCULAR rules of establishment, approval, validation, confirmation of improvement projects, environmental recovery and restoration Fund, environmental recovery for the mining operation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of NATURAL RESOURCES and the ENVIRONMENT pursuant to the law on environmental protection on November 29, 2005;

Pursuant to the law on mineral 20 March 1996 and the law amending and supplementing some articles of the law on mineral resources on June 14, 2005;

Pursuant to Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection;

Pursuant to Decree No. 21/2008/ND-CP of March 2008 of the Government about amending and supplementing a number of articles of Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection;

Pursuant to Decree No. 25/2008/ND-CP DATED April 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;

Pursuant to decision No. 71/2008/QD-TTg dated 29 May 2008 Prime Minister's about escrow recovery and improving the environment for mining activities;

Proposal of the General Director of the Department of the environment and Director of the legislation, the PROVISIONS: chapter I GENERAL PROVISIONS article 1. Scope this circular detailing some of the content of the decision No 70/2008/QD-TTg dated 29 May 2008 Prime Minister's about escrow recovery and improving the environment for mining activities (hereinafter referred to as the decision No 70/2008/QD-TTg) relating to the establishment , appraisal, approval, validation, confirmation of improvement projects, environmental restoration/improvement projects, additional environmental restoration; the order, escrow procedures, management and use of funds to renovate, restore the environment with regard to mining activities.

Article 2. The object that applies to this circular apply to state management bodies; organizations, individuals, organizations, foreign individuals (hereinafter referred to as the Organization, individuals) and Mining Organization, the other individual involved.

Chapter II ESTABLISHMENT, EVALUATION and APPROVAL of the PROJECT to RENOVATE, restore the ENVIRONMENT/IMPROVEMENT PROJECTS, ADDITIONAL ENVIRONMENTAL RECOVERY section 1 ESTABLISHMENT, EVALUATION and APPROVAL of the RENOVATION PROJECT of ENVIRONMENTAL RECOVERY, article 3. Project to renovate, restore the environment 1. The Organization, individuals below must set the improvement projects, environmental restoration: a) Organization, individual project new mining investment; project to upgrade the capacity or expand an area of, a depth of mining;

b) Organization, individual mining operations had reported the environmental impact assessment/environmental commitment/A register of environmental standards/environmental protection project is approved/confirmed but no improvement projects, restoration of the environment is the competent State agencies approved and not yet implemented improvement fund , restore the environment;

c) Organization, individual mining operations but no environmental protection project is the competent State agencies for approval/confirmation of escrow and have not made a recovery and improving the environment.

2. Improvement projects, environmental recovery must have the structure and content of the request specified in annex 1 attached to this circular.

3. Determining the escrow amount and the method of calculating the cost of renovating, restoring the environment to comply with the provisions of article 7 and article 8 of decision No 70/2008/QD-TTg and Appendix 2 attached to this circular.

4. where no independent improvement projects, environmental organizations, the individual referred to in paragraph 1 of this article are the Organization hire provides project consulting services. The organization provides consulting services must be established in accordance with the law and must meet the following conditions: a) Has trained technical staff specialized on environment, specialized in mining;

b) have the infrastructure-engineering, vehicles, machinery, equipment warranties, quality standards meet the requirements set improvement projects, environmental recovery.

Article 4. Send the proposal evaluation, approved the project to renovate, restore the environment 1. The Organization, recommended personal appraisal, approval of the renovation project of environmental recovery, sending the record to the competent agency specified in clause 4 Article 2 of decision 70/2008/QD-TTg dated for assessment and approval organization. The Agency has the authority to approve the report on environmental impact assessment, A commitment to protect the environment, environmental protection project is specified in Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection (hereinafter referred to as the Decree No. 80/2006/ND-CP); Decree No. 21/2008/ND-CP of March 2008 of the Government about amending and supplementing a number of articles of Decree No. 80/2006/ND-CP dated 9 August 2006 from the Government about detailing and guiding the implementation of some articles of the law on environmental protection and circular No. 04/2008/TT-BTNMT on September 18, 2008 of Ministry of natural resources and environment direction lead creation, approval or certification of environmental protection project and examine, inspect the implementation of environmental protection project.

2. the recommended records appraisal, approval of the renovation project, environmental regulations are as follows: a) individual organizations specified in point a of paragraph 1 of article 3 of this circular do not have to set up a separate profile, only submit improvement projects, environmental recovery accompanied by suggested evaluation profile approval/confirmation, report/environmental impact assessment A commitment to protect the environment. Writing the proposal evaluation, approve/confirm the report/environmental impact assessment A commitment to protect the environment must add the suggested content evaluation, approved the project to renovate, restore the environment;

b) Organization, the individual specified in point b of paragraph 1 of article 3 of this circular is to profile the proposal evaluation, approved the project to renovate, restore the environment. The profile includes: writing the proposal evaluation, approval of the renovation project, the restoration of the environment was established according to the form prescribed in Appendix 3 attached to this circular and 7 (seven) demonstration project to renovate, restore the environment accompanied by related drawings (if any);

c) Organization, the individuals specified in point c of paragraph 1 of article 3 of this circular do not have to set up a separate profile, only submit improvement projects, environmental recovery accompanied by approval/propose records confirm the environmental protection project. Writing the proposal evaluation, approve/confirm the environmental protection project to add suggested content evaluation, approved the project to renovate, restore the environment.

Article 5. Content evaluation of improvement projects, the main content environment recovery when evaluating the project to renovate, restore the environment, including: 1. The legal basis, the suitability of the structure and content of the project to renovate, restore the environment;

2. Suitability of the selected projects, the volume of renovating, restoring the environment, plans progress compared with the content of the mining licenses have been competent State agencies, investment projects, mining design was approved; the requirements for environmental protection, labor safety in carrying out the project and in accordance with the planning of local land use;

3. The basis of calculating the cost of renovating, restoring the environment; the accuracy, completeness of the cost estimation and the suitability of the method of foundation engineering.

Article 6. Evaluation of improvement projects, restoration of the environment 1. Individual organizations specified in paragraph 1 point a of article 3 to this circular contains the project mining investment subject to reporting environmental impact assessment project to renovate, restore the environment to be assessed along with the evaluation report assessing the environmental impact. Authority meeting minutes, A renovation project review, environmental restoration Coupon reviews improvement projects, restoration of the environment was established according to the form prescribed in Appendix 4, annex 5 and annex 6 attached to this circular.

2. organizations and individuals defined in art. 1 of article 3 of this circular have investment projects in the mining objects created A commitment to protect the environment improvement projects, restore the environment is the competent agency appraisal through pooling of resources rating votes and the environment , of the resource and environment sectors, industry and trade, finance and planning, agriculture and Rural Development Department of the people's Committee of the district, town (hereinafter referred to as the people's committees at district level) and the comments of the people's Committee of social level where made mining projects.

3. The project to renovate, restore the environment of the Organization, the individual specified in point b of paragraph 1 of article 3 of this circular are organized as follows: a) evaluation for improvement projects, restoration of the Environment Ministry's approval authority, ministerial-level agencies, government agencies, the Agency has the authority to approve the evaluation organization improvement projects , environmental recovery. Content appraisal made in accordance with article 5 of this circular. In case of need, the Agency has the authority to approve Union fact check in mining areas. Test group composition has the participation of the representatives of: the Department of natural resources and the environment, the people's Committee at district level where implementation of mining projects. Test results be established thereon, signed by the parties involved;

b) for improvement projects, restore the environment in the approval authority of the provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee) or the Department of natural resources and the environment, the competent authority approval of the appraisal through general vote rating of the facility : Natural resources and environment (unless otherwise approved by the authority of the Department of natural resources and the environment), industry and trade, construction, finance, agriculture and rural development and the opinions of the people's Committee at district level, the social level of people's committees where implementation of mining projects. Where necessary, the competent authority approved the Union fact check in mining areas. Test results be established thereon, signed by the parties involved;


c) for improvement projects, restoration of the environment under the jurisdiction of the people's Committee approval district level or Department of natural resources and the environment, the competent authority approval of the appraisal through the pooling of resources rating votes and the environment, of resources and environment sectors (except under the authority of the approval of resources and the environment) , Industry, construction, finance and planning, agriculture and Rural Development Department of the people's Committee at district level and the opinion of the Committee of the people's commune-level where the project mining.

4. for improvement projects, restore the environment of the Organization, the individual specified in point c of paragraph 1 of article 3 of this circular, the Agency has the authority to approve the project appraisal organizations renovate, restore the environment along with the evaluation of the environmental protection project. Forms of assessment organization improvement projects, environmental recovery is done as follows: a) improvement projects, restoration of the environment to establish environmental protection project equivalent of the report reviews the environmental impact be appraised under the provisions of point b of paragraph 3 of this article;

b) project to renovate, restore the environment subject to established environmental protection equivalent to A commitment to protect the environment are assessed according to the provisions in point c of paragraph 3 of this article.

5. Document comments and suggestions of the people's Committee of Italy granted the district people's Committee/social text and answer follow the form prescribed in annex 7, Appendix 8 attached to this circular.

6. Costs for activity evaluation of improvement projects, environmental restoration done under current rules.

Article 7. Evaluation of improvement projects again, restore the environment 1. The case of improvement projects, environmental recovery have yet to meet the requirements of the competent authority approval or authority through organizational, individual, must repeat improvement projects, environmental recovery and evaluation proposal in writing.

2. Improvement projects, environmental recovery are appraised according to the forms prescribed in clause 1 article 6 of this circular in case the appraisal, the competent authority for approval to send opinions reviews of members of the authority. Where necessary, the competent authority approving the establishment of the new authority.

3. Improvement projects, environmental recovery are appraised in the form prescribed in paragraph 2, paragraph 3 and paragraph 4 of article 6 of this circular in the case must be appraised, the Organization of the evaluation was done as for the first evaluation.

4. Costs for evaluation activities back improvement projects, environmental restoration done under current rules.

Article 8. Time of the evaluation, evaluators back improvement projects, restoration of the environment 1. Time of the evaluation, evaluators back improvement projects, environmental restoration in the form prescribed in paragraph 1 of article 6 of this circular be implemented similar rules about the time appraisal report environmental impact assessment provided for in article 12 of Decree No. 80/2006/ND-CP and circular No. 05/2008/TT-BTNMT on 08 December 2008 by the Ministry of natural resources and Environmental Guide on strategic environmental assessment, environmental impact assessment and a commitment to protect the environment.

2. check the time, receiving; appraisal, the appraisal back improvement projects, environmental restoration in the form prescribed in paragraph 2, paragraph 3 and paragraph 4 of article 6 of this circular shall be as follows: a) within a period of 7 (seven) working days from the date of the application, the competent authority approval must consider the adequacy , of the profile to set the profile to receive votes. Case records are incomplete or invalid, the agency receiving the notification profile for the Organization, individuals know and perform;

b) within a period of 20 (twenty) working days of receipt of a valid application, the competent authority for approval to conduct evaluation activities, evaluation back improvement projects, environmental recovery and notified in writing to the Organization, individuals know the result appraisal review and assessment, the requirements related to the renovation project complete, restore the environment;

c) within a period of 7 (seven) working days from the date of the proposed text, the people's Committee or the people's committees at district level social level must have the written reply comments regarding suggestions for improvement projects, environmental recovery.

Time of the evaluation, evaluators back improvement projects, restore the environment does not include the time taken the opinions of the people's Committee/district level Committee level.

Article 9. Complete the project to renovate, restore the environment When the notice of the competent authority approval on the results of the appraisal, the appraisal back improvement projects, environmental restoration, organizations, individuals must complete the project to renovate, restore the environment, stamped, accompanied by explanatory text about the specific content has been edited additional, send to the competent authority approval with the number as follows: 1. for improvement projects, restore the environment in the approval authority of the Ministry of natural resources and the environment, the number is enough to send to the address: Ministry of natural resources and the environment 3 (three) copies accompanied by 1 (one) CD the complete data; The provincial people's Committee where there are land use 1 (one); The Department of natural resources and the environment where land use 1 (one); the case of improvement projects, environmental restoration in the area located on the land from 2 (two) the back up must send more number of a renovation project, restore the environment by the number of the increase; the Organization, the personal approval of 01 (a).

2. for improvement projects, restoration of the Environment Ministry's approval authority, ministerial-level agencies, government agencies, the amount is enough to send to the address: The Ministerial/agency/government agency approved the project to renovate, restore the environment 3 (three) copies accompanied by 1 (one) CD the complete data; Ministry of natural resources and the environment 1 (a); The provincial people's Committee where there are land use 1 (one); The Department of natural resources and the environment where land use 1 (one); the case of improvement projects, restore the environment covers the land from 2 (two) of the province, the city must send more upwards the amount of a renovation project, restore the environment by the number of the increase; the Organization, the personal approval of 01 (a).

3. for improvement projects, restore the environment in the approval authority of the provincial people's Committee, the Department of natural resources and the environment, the number is enough to send to the address: provincial people Committee 1 (a) 1 (a) accompanied by a CD recording of the entire data; Ministry of natural resources and the environment 1 (a); The Department of natural resources and the environment 1 (a) 1 (a) accompanied by a CD recording of the entire data; The people's Committee of the district where the project 1 (a); the case of improvement projects, restore the environment covers the land from 2 (two) the district over, sending a number of additional improvement projects, restore the environment by District numbers increase; the Organization, the personal approval of 01 (a).

4. for improvement projects, restoration of the environment under the jurisdiction of the people's Committee approval district level, resources and the environment, the number is enough to send to the address: people's Committee at district level 1 (a) 1 (a) accompanied by a CD recording of the entire data; Environment and resources room 1 (a); Provincial people Committee 1 (a); the Organization, the personal approval of 01 (a).

Article 10. Approval of the project to renovate, restore the environment improvement projects, restoration of the environment approved by the decision of the heads of the competent organs and are specified as follows: 1. The project to renovate, restore the environment to be assessed together with the report of environmental impact assessment, the content of the approved report of environmental impact assessment and improvement projects environmental recovery, are expressed in the same decision. The approval decision was established according to the form prescribed in Appendix 3 attached to this circular.

2. in cases not specified in clause 1 of this article, the project to renovate, restore the environment are approved by a separate decision. The approval decision was established according to the form prescribed in annex 10 attached to this circular.

Article 11. Send the project to renovate, restore the environment has approved 1. The competent authority for approval to send the project to renovate, restore the environment has approved the attached approval decisions for organizations, individuals and agencies concerned according to the provisions of article 9 of this circular.

2. the competent agency approved must confirm to the back side of the cover page of each a renovation project, the restoration of the environment according to the form prescribed in annex 11 attached to this circular.

Section 2 ESTABLISHMENT, appraisal, APPROVAL of the RENOVATION PROJECT, ENVIRONMENTAL RECOVERY SUPPLEMENTS article 12. Project to renovate, restore the environment Supplement 1. The case of the organization or individual be extended the time limit to mining reclamation project, additional environmental recovery.

2. the approval bodies improvement projects, restoration of the environment is the competent agency approved improvement projects, additional environmental recovery of that project.

3. Improvement projects, additional environmental recovery must have content and structure to meet the requirements specified in Appendix 12 attached to this circular.

Article 13. Evaluation of improvement projects, approval, additional environmental restoration 1. Recommended records appraisal, approval include: a) the text of the proposal evaluation according to the form prescribed in annex 13 attached herewith;

b) 7 (seven) a project to renovate, restore additional environment;

c) improvement projects, environmental recovery accompanied by the approval decision.

2. request on the form, content, time, process evaluation, evaluation of improvement projects, additional environment recovery is done as for the case of evaluation of improvement projects, restore the previous environment and corresponding evaluation form provided for in article 6 and article 7 of this circular.

3. Approval of the project to renovate, restore the environment plugins is shown by the decision of approval. The approval decision was established according to the form prescribed in annex 14 attached herewith;


The case of improvement projects, environmental recovery supplements are approved along with the report of environmental impact assessment complements the content of the approved assessment report additional environmental impact and content renovation project approval, additional environment recovery is reflected in a decision approved.

4. Costs for evaluation activities improvement projects additional environmental recovery, according to the current rules.

Chapter III ORDER, ESCROW PROCEDURES, management and USE of FUNDS article 14. The order, escrow procedure sequence, escrow procedures comply with the provisions of article 9, article 10 of decision No 70/2008/QD-TTg.

Record escrow proposal to renovate, restore the environment are specified as follows: 1. the recommended records improvement fund, environmental recovery including: a) escrow proposal writing to renovate, restore the environment according to the form prescribed in annex 15 attached herewith;

b) 1 (a) a copy of the project to renovate, restore the environment improvement projects, additional environmental recovery accompanied by the approval decision.

2. Upon receipt of deposit, the Vietnam environment protection Fund or local environment protection Fund (hereinafter referred to as environmental protection Fund) escrow receipt to renovate, restore the environment for the individual organization according to the form prescribed in annex 16 attached to this circular.

3. within 7 (seven) working days from the date of the deposit to renovate, restore the environment, environmental protection Fund is responsible for notification in writing to the competent agency approved improvement projects, environmental restoration, state management bodies on the protection of the local environment.

Article 15. Management and use of funds 1. The management and use of funds made under the provisions of article 12 of decision No 70/2008/QD-TTg.

2. organizations and individuals defined in art. 1 of article 3 of this circular after a mining license that the term of the licence other than the time calculated in improvement projects, restoration of the environment approved the Organization, individuals must be recalculated yearly funds consistent with the duration of the mining license and send reports of the competent authority approval to review, adjust.

3. Before 30 November each year, the ministries, ministerial agencies, government agencies, provincial people's Committee, the environmental protection Fund, district-level people's committees submit the report according to the form prescribed in annex 17 attached to this circular. Report mode as follows: a) the ministries, ministerial agencies, government agencies, provincial people's Committee sent the Ministry of natural resources and the environment the report implementing the escrow and make improvement, environmental recovery of individual organizations;

b) Vietnam environment protection Fund has the responsibility to report the Ministry of natural resources and the environment; Local environment protection Fund reported the provincial people's Committee, situation management, repayment funds to renovate, restore regulatory environment;

c-level people's committees) report the provincial people's Committee on work deposited, renovate, restore the environment of the Organization, individual.

Article 16. Check, confirm completion of content improvement, restoration of the environment 1. Recommended records check, confirm completion of restoration, restore the environment as specified in clause 1 article 11 of decision No 70/2008/QD-TTg. report complete restoration, restoration of the environment was established according to the form prescribed in annex 18 attached to this circular.

2. Heads or head of agency check, confirm the decision formed the delegation checked the work of renovating, restoring the environment of the Organization, individual. Decided to set up the test group was formed according to the form prescribed in annex 19 attached to this circular. Test results be established thereon according to the form prescribed in annex 20 attached to this circular.

3. The content of technical expertise include: quality improvement works, restoring the environment and the quality of the environment ensures the technical standards (permeability, drop, sink, slider, erosion and the durability of the improvements, environmental recovery, ...), quality of the regulatory environment , in response to the recovery and improvement of the environment has committed in the project of environmental recovery, renovation/improvement projects, environmental recovery supplement has been approved.

4. The authorities competent to examine, validate certificate level have finished each part or the whole content improvement, environmental recovery for the Organization, the individual is eligible under the rules; certificate templates are created as defined in annex 21 attached to this circular.

Chapter IV article 17 ENFORCEMENT TERMS. Implementation 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, Chairman of the people's Committee at district level, the Chairman of people's Committee of social, Director of the environmental protection Funds, organizations, individuals and Mining Organization, the other individual involved is responsible for implementation of this circular.

2. The Director of the Department of natural resources and environment of the province, central cities are responsible for directing the work of reviewing, screening, urging the organizations, individual mineral deposit on the implementation and improvement of environmental recovery, according to the regulations.

3. General Director of Department of environment is responsible for directing the work of the evaluation, evaluators back improvement projects, environmental restoration/improvement projects, additional environmental approval authority of the Ministry of natural resources and the environment; Guide, test, track, urging the implementation of this circular.

4. organizations, individual mineral has reported the environmental impact assessment/environmental commitment/A register of environmental standards/environmental protection project is approved/confirmed prior to decision No 70/2008/QD-TTg of effect execution (June 26, 2008) and has signed the wealth Fund created environmental recovery, shall not project to renovate, restore the environment but must implement the provisions of the escrow, renovate, restore the environment in decision No 70/2008/QD-TTg dated and this circular.

Article 18. Effective enforcement of this circular effect since Feb. 15, 2010.

In the process of implementation of this circular, if there are difficulties, obstacles and suggest that the agencies, organizations, personal reflections in time about the Ministry of natural resources and environment to consider resolution./.