Decision No. 18/2013/QD-TTg dated March 29, 2013 of the Prime Minister on environmental improvement and remediation in mineral extraction

THE PRIME MINISTER

Decision No. 18/2013/QD-TTg dated March 29, 2013 of the Prime Minister on environmental improvement and remediation in mineral extraction

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Environment protection dated November 29, 2005;

Pursuant to the Law on Mineral dated November 17, 2010; 

At the request of the Minister of Natural Resources and Environment;

The Prime Minister issues a Decision on environmental improvement and remediation in mineral extraction

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This decision deals with environmental improvement and remediation in mineral extraction within the territory of the Socialist Republic of Vietnam.

2. This decision is applicable to organizations and individuals licensed to extract mineral extraction and involved organizations and individuals within the territory of the Socialist Republic of Vietnam.

3. Environmental remediation in the exploration and extraction of petroleum, mineral water and natural hot water is not or by this Decision.

Article 2. Terms interpretation

In this Decision, the terms below are construed as follows:

1. Environmental remediation in mineral extraction means restoring the environment, ecosystem (earth, water, natural landscape, vegetation, etc.) in mineral extraction areas and areas impacted by mineral extraction close to their initial condition, or to reach the standards and regulations on safety and environment, and to serve the purposes beneficial to humans.

2. Environmental remediation payments in mineral extraction are payments to Vietnam Environment Protection Fund or local environment protection funds where minerals are extracted (hereinafter referred to as environment protection funds) to ensure environmental remediation.

3. The environmental remediation projects are made by organizations and individuals engaged in mineral extraction in order to determine plans for environmental remediation and amount of money paid to environmental remediation funds, and submit them to competent authorities for approval (hereinafter called projects)

4. Joint-mining areas are areas that have at least 02 adjacent mines and affect one another.

Chapter 2.

ENVIRONMENTAL REMEDIATION

Article 3. Environmental remediation’s requirements

1. Ensure that the environment and ecosystems at mineral extraction areas and effected areas are restored close to their initial condition, or reach the standards and regulations on safety and environment, ensure the safety and serve the purposes beneficial to humans as prescribed in Appendix I to this Decision.

2. The environmental remediation is suitable for local socio-economic development plans, mineral extraction plans, land use and environment protection plans.

3. The environmental remediation is carried out during mineral extraction process.

4. The environmental remediation is suitable for the plans for environmental remediation made by People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) applicable to mineral extraction projects lies within joint-mining areas.

5. The environmental remediation in extraction of toxic minerals that contain radioactive materials must comply with the Law on Atomic Energy and relevant laws apart from complying with this Decision.

Article 4. Subjects of projects and supplementary projects

1. All organizations and individuals involved in mineral extraction shall make and submit plans to competent authorities for consideration and approval. In particular:

a) Organizations and individuals applying for Licenses for mineral extraction.

b) Organizations and individuals engaged in mineral extraction without approved plans for neither environmental remediation nor paying environmental remediation payments.

2. The following subjects shall make supplementary environmental remediation projects (hereinafter referred to as supplementary projects):

a) Organizations and individuals requesting the adjustment of the Licenses for mineral extraction in terms of area, depth, and output.

b) Organizations and individuals applying for extension of Licenses for mineral extraction.

c) Organizations and individuals applying for changes in environmental remediation projects.

3. The projects are exempt in the following cases:

b) Organizations and individuals engaged in mineral extraction that have approved plans for environmental remediation or paid environmental remediation payments as prescribed.

b) Organizations and individuals engaged in ordinary building material extraction as prescribed in Clause 2 Article 64 of the Law on Mineral.

Article 5. Process of making and submitting projects and supplementary projects

1. Time for making and submitting projects and supplementary projects:

a) Organizations and individuals prescribed in Point a Clause 1 Article 4 of this Decision shall make and submit projects to competent authorities for assessment together with the report on environmental impact assessment or the environment protection commitment as prescribed.

b) Organizations and individuals prescribed in Point b Clause 1 Article 4 of this Decision, apart from being penalized as prescribed by law, shall make and submit projects to competent authorities for assessment within 02 years from the effective date of this Decision.

c) Organizations and individuals prescribed Clause 2 Article 4 of this Decision shall make and submit supplementary projects to competent authorities for assessment before commencing the mineral extraction or being licensed to change the area, depth, output, or having the Licenses for mineral extraction extended, or changing the environmental remediation projects.

2. Application dossier for project’s or supplementary project’s approvals:

a) The application for project’s approval includes:

- The written request for the approval for the project;

- 09 descriptions of the project together with relevant drawings;

- The report on environmental impact assessment or environment protection commitment or registration of tax exemption standards or environment protection project together with the copy of the decision on approval or certificate (if any)

- Project of investment in mineral extraction together with the Decision to approve the project of investment, and the copy of the License for mineral extraction (if any).

b) The application for the approval for the supplementary project includes:

- The written request for the approval for the supplementary project;

- 09 descriptions of the supplementary project together with relevant drawings;

- The report on environmental impact assessment or environment protection commitment or registration of tax exemption standards or environment protection plan together with the copy of the decision on approval or certificate;

- Project of investment in mineral extraction together with the Decision to approve the project of investment and the copy of the License for mineral extraction (if any).

3. Project’s and supplementary project’s contents:

a) Project’s contents:

- Information about the mineral extraction project and legal basis for the plan;

- The extraction process, topographical and geomorphologic characteristics; reserves of mines; mineral extraction works; condition of the environment and ecosystems in mineral extraction areas and the vicinity;

- Formulate and select an environmental remediation plan;

- Compile a list and calculate the volume of environmental remediation works according to the selected environmental remediation plan;

- Make an implementation and supervision program during the environmental remediation; a plan for inspecting and certifying the completion of environmental remediation;

- The plan for maintaining environmental remediation works:

- The amount of environmental remediation payment and method of payment;

- Estimates of funding for each environmental remediation work according to the selected environmental remediation plan;

- Commitment on the standards of the environment, ecosystems, and quality of environmental remediation after the mineral extraction is done.

b) A supplementary project is composed of:

- General information about the mineral extraction project and legal basis for the supplementary project;

- Description and comparison of mineral extraction condition; natural conditions, topographical and geomorphologic characteristics, and the ecosystems at the time of making the supplementary project; comparison the current natural landscape, the environment and ecosystems with those before the extraction;

- Formulate and select an environmental remediation plan;

- Compile a list and calculate the volume of supplementary environmental remediation works;

- Make an implementation and supervision program during the environmental remediation; a plan for inspecting and certifying the completion of environmental remediation;

- The plan for maintaining environmental remediation works:

- The amount of environmental remediation payments and method of payment;

- Estimates of funding for each environmental remediation work according to the selected environmental remediation plan;

- Commitment on the standards of the environment, ecosystems, and quality of environmental remediation after the mineral extraction is done.

Article 6. Assessing and approving projects and supplementary projects

1. Authorities to assess and approve projects:

a) The Ministry of Natural Resources and Environment shall assess and approve mineral extraction projects prescribed in Point a Clause 2 Article 18 of the Government s Decree No. 29/2011/ND-CP dated April 18th 2011 on strategic environmental assessment, environmental impact assessment, and environment protection commitment (hereinafter referred to as the Decree No. 29/2011/ND-CP).

b) Ministries, ministerial agencies, Governmental agencies shall assess and approve the projects prescribed in Point b and Point c Clause 2 Article 18 of the Decree No. 29/2011/ND-CP.

c) Provincial People’s Committees shall assess and approve the plans of mineral extraction projects prescribed in Point d Clause 2 Article 18 of the Decree No. 29/2011/ND-CP.

d) The Service of Natural Resources and Environment shall approve plans of local mineral extraction projects, except for those in Point a, Point b, and Point c of this Clause.

2. The authorities competent to assess and approve supplementary projects are the authorities competent to approve projects.

3. The assessment of projects or supplementary projects shall be carried out by assessment councils. Assessment councils shall assist competent authorities in examining the correctness of the legal basis, environmental remediation plans, and amount of payments to funds in projects or supplementary projects..

4. Assessment process:

a) Projects made by the organizations and individuals prescribed in Point a Clause 1 Article 4 of this Decision that have projects of investment in mineral extraction of which environmental impact assessment reports are compulsory shall be assessed together with eh environmental impact assessment reports as prescribed in the Decree No. 29/2011/ND-CP.

b) Projects made by the organizations and individuals prescribed in Point a Clause 1 Article 4 of this Decision that have projects of investment in mineral extraction of environment protection commitments are compulsory; projects and supplementary projects of the organizations and individuals prescribed in Point b Clause 1 and Clause 2 Article 4 of this Decision shall be assessed as follows:

- Within 05 days from the day on which the dossier of application for approval is received, the competent authority shall examine the adequacy and validity of the dossier. If the dossier is not complete or valid, competent authority shall request in writing the applicant to complete the dossier;

- After the valid dossier is received, the competent authority shall convene the assessment council, notify the assessment result to the applicant; within 30 days from the day on which the assessment council is convened, the applicant shall revise and complement the project or supplementary project and send it back to the competent authority for consideration and approval;

- While the project or supplementary project is being complemented at the request of the assessment council, the assessing authority may send request the applicant in writing or by email to keep complementing the unsatisfactory project or supplementary project.

- Within 15 days from the day on which the dossier is received, the competent authority shall decide to approve the project or supplementary project;

- After making the decision to approve the project or supplementary project, the approving authority shall make a written certification on the overleaf of the cover page, and send it to the applicant and involved units.

5. Deadline for projects and supplementary project’s assessment:

a) Projects or supplementary projects within the competence of Ministries, ministerial agencies, and Governmental agencies shall be assessed within 45 days from the day on which the complete and valid dossier is received. The complicated environmental remediation projects shall be assessed within 60 days.

b) Projects or supplementary projects outside the competence of Ministries, ministerial agencies, and Governmental agencies shall be assessed within 30 days from the day on which the complete and valid dossier is received. The complicated environmental remediation projects shall be assessed within 45 days.

c) Assessing authorities may carry out field inspections before the assessment where necessary. The periods of survey and dossier complementation are not included in assessment period.

Chapter 3.

ENVIRONMENTAL REMEDIATION AND PAYMENT METHOD

Article 7. Purposes and principles

1. Environmental remediation payments are to ensure the participation of all organizations and individuals engaged in mineral extraction in environmental remediation as prescribed by law.

2. Payment principles:

a) Organizations and individuals engaged in mineral extraction shall pay payments to environment protection funds. Organizations and individuals engaged in mineral extraction in localities without environment protection funds shall pay payments to Vietnam Environment Protection Fund.

b) Payments shall be paid and refunded in VND.

c) Payments shall enjoy demand payment interest rates from the payment time.

d) Interest shall be withdrawn only once after having the Certificate of Environmental Remediation Completion.

Article 8. Calculation

1. The total payment equals the total expenditures on environmental remediation works in Appendix II attached with this Decision.

2. The expenditure on each environmental remediation works shall apply local unit prices at the time of making the project or supplementary project. If a locality does not provide unit prices, those of corresponding Ministries or areas shall apply.

3. Payment period:

a) For new projects of investment in mineral extraction, the payment periods depend on approved projects of investment in mineral extraction.

b) For licensed mineral extraction areas, the payment periods depend on the remaining validity period of Licenses for mineral extraction..

c) Where the extraction period of a License for mineral extraction is different from that in the approved project or supplementary project, the amount of payment shall be adjusted according to the issued License for mineral extraction and send it to the approving authority for consideration and adjustment.

Article 9. Payment methods

1. For Licenses for mineral extraction with validity periods shorter than 03 years, payments shall be paid once. The payment is 100% of the approved amount.

2. For Licenses for mineral extraction with validity periods of 03 years or longer, payments shall be paid in installments as follows:

a) First payment:

- For Licenses for mineral extraction with validity periods shorter than 10 years, the first payment is 25% of the total payment;

- For Licenses for mineral extraction with validity periods from 10 years to shorter than 20 years, first payment payments is 20% of the total payment;

- For Licenses for mineral extraction with validity periods of 20 years or longer, the first payment is 15% of the total payment;

b) The second payment onwards equals the total payment minus the first payment and divided by the number of years according to the approved project of investment or the remaining time according to the License for mineral extraction.

3. Organizations and individuals may pay a lump sum of payment.

Article 10. Order and procedure for paying and refunding payments

1. Time of payment:

a) Organizations and individuals licensed to extract minerals shall make the first payment 30 days before commencing the extraction.

b) Where payments are paid by installments, the second payment onwards shall be made before January 30th of the year.

2. The payment dossier is composed of:

a) The written application for paying a environmental remediation payment.

b) The decision to approve the project or supplementary project.

3. Payment refund:

a) Organizations and individuals engaged in mineral extraction that paid payments shall have part or the whole payments refunded.

b) The refund of payment depends on the completion of each work in each stage of the project or supplementary project approved and certified by competent authorities.

4. The application for payment refund includes:

a) The written request for refund of the payment paid to environmental remediation funds.

b) Written certification of completion of one or all environmental remediation works.

5. Within 05 days, environment protection funds shall refund the payment after the complete and valid dossier prescribed in Clause 4 of this Article is received.

Article 11. Management and use of payments

1. Environment protection funds shall manage, use, and refund payments within the law.

2. Where an organization or individual engaged in mineral extraction is bankrupt, the authority competent to approve the project or supplementary project shall use the payment, including interest, for environmental remediation.

Chapter 4.

CERTIFICATION OF COMPLETION OF ENVIRONMENTAL REMEDIATION

Article 12. Application for the certification of completion of environmental remediation

1. After one or all environmental remediation works are completed according to the approved project or supplementary project, a report on the completion of environmental remediation (hereinafter referred to as report) shall be made and send to a competent authority for certification.

2. Report making principles:

a) For Licenses for mineral extraction with validity periods shorter than 03 years, 01 report and request for the certification of environmental remediation completion shall be made.

a) For Licenses for mineral extraction with validity periods 03 years or longer, reports and requests for the certification of completion of each work shall be made according to the approved project or supplementary project.

c) The environmental remediation works must ensure the quality and quantity according to standards, and be maintained in accordance with the approved project or supplementary project.

3. Report contents:

a) Legal basis of the report.

b) Completed environmental remediation works in accordance with the requirements, enclosed with an assessment of work quality and environment quality carried by the supervising authority.

c) The amount refunded corresponds to the value in cash of environmental remediation works in the approved project or supplementary project.

d) Consultation with the community is done in accordance with Article 15 of the Decree No. 29/2011/ND-CP.

4. The application for the certification of completion of environmental remediation

a) The written request for the certification of completion of environmental remediation,

b) 07 reports on the completion of environmental remediation.

c) 07 reports on the work quality assessment and environment quality assessment made by the supervising authority.

d) 01 copy of the project or supplementary project enclosed with the decision to approve.

Article 13. Inspection and certification of completion of environmental remediation

1. The authority competent to inspect and certify the completion of environmental remediation is the authority that approved the project or supplementary project.

2. The certificate of environmental remediation completion is the basis for beginning the procedures for closing the mine, handing over land and environmental remediation works to the local government as prescribed.

3. Certification procedure:

a) The certification of environmental remediation completion is done by field inspection participated by involved organizations.

b) Inspection and certification procedure:

- Within 05 days from the day on which the dossier is received, the competent authority shall examine the adequacy and validity of the dossier and request the applicant to make supplementation if the dossier is not complete or valid;

- Within 30 days from the day on which the complete and valid dossier is received, the competent authority shall establish a Inspectorate to verify the completion of the project or supplementary project. The Inspectorate includes: representatives of the local government, representative of local Natural Resources and Environment Agency, the authority that issued the License for mineral extraction, environment protection fund to which the payment is paid. The competent authority may invite some relevant units and agencies in charge of supervising environmental remediation work quality and environment quality to join the Inspectorate;

- After the inspection result is given, the competent authority shall send a written notification of the inspection result to the applicant;

- Within 15 days after the written notification of the inspection result is made of after the complete dossier is received in case supplementation must be made at the request of the Inspectorate, the competent authority shall issue the Certificate of environmental remediation completion.

4. Inspection contents:

a) Compare each environmental remediation works with the report submitted by the applicant.

b) Compare the volume, quality, and maintenance of environmental remediation works with the claims in the project or supplementary project, the design dossier, and applicable standards.

Chapter 5.

GOVERNING AUTHORITIES AND UNITS’S RESPONSIBILITIES

Article 14. Responsibilities of the Ministry of Natural Resources and Environment

1. Cooperate with other Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees in providing guidance and inspecting the implementation of this Decision.

2. Formulate and issue legislative documents and instructions on environmental remediation and environmental remediation payments in mineral extraction.

3. Grant approval for projects and supplementary projects, verify and certify the completion of environmental remediation within their competence.

4. Formulate and issue legislative documents on environment protection and environmental remediation in mineral extraction and joint-mining as prescribed.

5. Cooperate with other Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees in identifying the areas impacted by the extraction of hazardous minerals that contain radioactive materials; assess the impact of extraction of hazardous minerals that contain radioactive materials on the environment and human.

6. Inspect the environment protection, environmental remediation, and payment annually within their competence.

Article 15. Responsibilities of other Ministries, ministerial agencies, and Governmental agencies

1. Grant approval for projects and supplementary projects, verify and certify the completion of environmental remediation within their competence.

2. Provide instruction and inspect the environmental remediation and environmental remediation payment payments of organizations and individuals engaged in mineral extraction within their competence.

3. Penalize violations against the laws on environmental remediation and environmental remediation payment within their competence.

4. Report the environmental remediation result and environmental remediation payment to the Ministry of Natural Resources and Environment before December 31st every year.

Article 16. Provincial People’s Committees

1. Grant approval, verify and certify the completion of environmental remediation according to project or supplementary project within their competence.

2. Make plans for land use after mineral extraction; plans for remediation or the environment in local joint-mining areas.

3. Provide instructions inspect the environmental remediation and environmental remediation payment payments of organizations and individuals engaged in mineral extraction within their competence.

4. Report the environmental remediation result and environmental remediation payment; the management and use of payments and environment protection fees to the Ministry of Natural Resources and Environment before December 31st every year.

Article 17. Responsibilities of environment protection funds

1. Receive payments from organizations and individuals engaged in mineral extraction.

2. Certify the payments and request competent authorities to approve projects or supplementary projects.

3. Refund the payments and pay interests on payments to organizations and individuals as prescribed.

4. Take responsibility for the management and use of payments in accordance with law. Report the management, use, and refund of payments to provincial People’s Committees and the Ministry of Natural Resources and Environment every year.

5. Remind organizations and individuals engaged in mineral extraction to pays payments punctually. Request competent authorities to penalize violations against regulations on payment.

Article 18. Responsibilities of organizations and individuals engaged in mineral extraction.

1. Make and submit projects and supplementary projects to competent authorities for approval.

2. Provide the contents of approved projects and supplementary projects to the public via commune-level People’s Committees and Fatherland Front Committees.

3. Complete all environmental remediation works and pay payments in accordance with approved projects and supplementary projects.

4. Pay fees for assessment, inspection, and certification of the completion of projects and supplementary projects as prescribed.

5. Report the environmental remediation results and environmental remediation payment to the authorities that approved projects or supplementary projects and local environment protection agencies before December 31st every year.

Chapter 6.

IMPLEMENTATION

Article 19. Effect

This Decision takes effect on May 15, 2013 and supersedes the Decision No. 71/2008/QD-TTg dated May 29, 2008 of the Prime Minister on environmental remediation payment in mineral extraction.

Article 20. Implementation organization

1. The Ministry of Natural Resources and Environment shall cooperate with other Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees in providing guidance and organizing the implementation of this Decision.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces, organizations and individuals engaged in mineral extraction, environment protection funds, organizations and individuals involved are responsible for the implementation of this Decision.

The Prime Minister

Nguyen Tan Dung