Decision No. 18/2013/QD-TTg on rehabilitation and restoration of the environment and environmental restoration and rehabilitation guarantee deposits for mineral extraction activities

Decision No. 18/2013/QD-TTg provides detailed regulations on rehabilitation and restoration of the environment and environmental restoration and rehabilitation guarantee deposits for mineral extraction activities in Vietnam. This Decision applies to organizations and individuals permitted to extract minerals within the territory of Vietnam.

文号18/2013/QĐ-TTg
文件类型Decision
发布机关Ministry of Agriculture and Environment
签署人Nguyễn Tấn Dũng — Thủ tướng
更新25/06/2026
领域Uncategorized
发布日期29/03/2013
生效日期15/05/2013
失效日期01/04/2015
状态Expired
✦ 智能摘要

Decision No. 18/2013/QD-TTg provides detailed regulations on rehabilitation and restoration of the environment and environmental restoration and rehabilitation guarantee deposits for mineral extraction activities in Vietnam. This Decision applies to organizations and individuals permitted to extract minerals within the territory of Vietnam.

适用范围

Organizations and individuals permitted to extract minerals and other related organizations and individuals within the territory of Vietnam.

要点

  • Organizations and individuals extracting minerals must prepare an Environmental Rehabilitation and Restoration Plan and deposit funds into the Environmental Protection Fund.
  • The Plan and supplementary Plans must be reviewed and approved by the competent authority within the prescribed time limit.
  • The environmental restoration and rehabilitation guarantee deposit is calculated based on the actual costs of implementing environmental rehabilitation and restoration projects.
  • The guarantee deposit will be refunded according to the progress and quality of completed environmental rehabilitation and restoration works.
  • Organizations and individuals extracting minerals must notify the contents of the Plan to the local community for supervision.

🌐 本文件的社会影响

  • Positive impacts: Minimizing pollution and improving living environments. Creating opportunities for organizations and individuals to participate in environmental protection activities.
  • Negative impacts: Guarantee deposit fees may be high, imposing financial burdens on mineral extraction enterprises.

❓ 常见问题

Who must prepare an Environmental Rehabilitation and Restoration Plan?

All organizations and individuals involved in mineral extraction activities must prepare a Plan. Specifically, this includes entities submitting applications for Mineral Extraction Licenses and organizations and individuals currently extracting minerals without approved Environmental Rehabilitation and Restoration Projects.

What is the review period for the Plan?

The maximum review period for the Plan or supplementary Plan is 45 days for Ministries, agencies at the level of Ministries, and government agencies, and 30 days for other organizations. In complex cases, the period may be extended.

How is the guarantee deposit amount calculated?

The total guarantee deposit amount equals the total actual cost of implementing environmental rehabilitation and restoration projects. The initial deposit amount depends on the duration of the Mineral Extraction License.

How are interest earnings from the guarantee deposit handled?

Interest from the guarantee deposit is calculated from the date of deposit, and organizations and individuals can only withdraw interest once they have received confirmation of the completion of all environmental rehabilitation and restoration work.

To whom must organizations and individuals extracting minerals notify their Plan?

Organizations and individuals extracting minerals must notify the contents of the Plan or supplementary Plan that has been approved to the local community through the People's Committee and the Vietnam Fatherland Front Committee at the commune level where the mineral extraction takes place for inspection and supervision.

全文

Pursuant to …;

Von environmental remediation and restoration and environmental rehabilitation bonds,

 environmental remediation and restoration for mineral extraction activities

______________________

 

Pursuant to the Law on Government Organization dated February 18, 2025;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;

Pursuant to the Law - Design-based security: The security design includes intricate patterns and decorative motifs created using special software, featuring multiple layers with high complexity. taining the environment organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.field on November 29, 2005;

Pursuant to the Law Kminerals on November 17, 2010;

Considering the proposal of the Minister of Natural Resources and Environment;

Prime Minister LAW the Government issues a Decision on environmental remediation and restoration and environmental rehabilitation bonds,intention restoration environmental bonds forNo.mining activitiesJune 2024;Issuing inspection procedures for machines and equipment with strict requirements for labor safety specific to the Construction industry after receiving the review opinion from the Ministry of Labor, Invalids, and Social Affairs;,

Chapter

I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decision specifies details regarding environmental remediation and restoration and environmental rehabilitation bonds for mineral extraction activities within the territory of the Socialist Republic of Vietnam.Deputy ministers of ministerial-level agencies, This Decision applies to organizations and individuals permitted to extract minerals and other related organizations and individuals within the territory of the Socialist Republic of Vietnam.

2. Environmental remediation and restoration in exploration, extraction of oil and gas, mineral water, and natural hot water activities do not fall under the scope of this Decision.

3. In this Decision, the following terms are understood as follows:i Environmental remediation and restoration in mineral extraction refers to activities that bring the environment and ecosystems (land, water, air, natural scenery, vegetation, etc.) in the mineral extraction area and areas affected by mineral extraction activities back to a state close to the initial environmental conditions or achieve safety and environmental standards and serve purposes beneficial to humans.Deputy ministers of ministerial-level agencies,Environmental rehabilitation bonds in mineral extraction activities refer to organizations and individuals permitted to extract minerals depositing a sum of money into the Vietnam Environmental Protection Fund or the local environmental protection fund where the minerals are extracted (hereinafter referred to as the Environmental Protection Fund) to ensure environmental remediation and restoration work.

Article 2. Interpretation of Terms

The environmental remediation and restoration plan established by organizations and individuals extracting minerals to determine the environmental remediation and restoration approach and the total amount of environmental rehabilitation bonds for mineral extraction submitted for approval by competent authorities (hereinafter abbreviated as the Plan).

1. A joint mine exploitation area is an area with two or more adjacent mines that have mutual influence and impact.n lENVIRONMENTAL REMEDIATION AND RESTORATION

2. Article 3. Requirements for environmental remediation and restorationEnsuring that the environment and ecosystems in the mineral extraction area and areas affected by mineral extraction activities return to a state close to the initial environmental conditions or meet specific safety and environmental standards, ensuring safety and serving purposes beneficial to humans as detailed in Appendix I attached to this Decision.

3. Consistent with socio-economic development planning; mineral extraction planning; land use planning and environmental protection of the locality.

4. Implementing environmental remediation and restoration during the mineral extraction process.

Chapter

II

Consistent with the environmental remediation and restoration plan issued by the People's Committee of the province or centrally governed city (hereinafter referred to as the provincial People's Committee) for mineral extraction projects located in joint mine exploitation areas.

Article 3. Requirements for environmental remediation and restoration

1. Ensuring that the environment and ecosystems in the mineral extraction area and areas affected by mineral extraction activities return to a state close to the initial environmental conditions or meet specific safety and environmental standards, ensuring safety and serving purposes beneficial to humans as detailed in Appendix I attached to this Decision.

2. Consistent with socio-economic development planning; mineral extraction planning; land use planning and environmental protection of the locality.

3. Implementing environmental remediation and restoration during the mineral extraction process.

4. Consistent with the environmental remediation and restoration plan issued by DECREES:the People's Committee of the province or centrally governed city (hereinafter referred to as DECREES:the provincial People's Committee) for mineral extraction projects located in joint mine exploitation areas.

5. For environmental remediation and restoration in the extraction of hazardous minerals containing radioactive substances, in addition to implementing this Decision, regulations of the Atomic Energy Law and other relevant laws must also be followed.

Article 4. Object

lof the Plan and Supplementary Planon Every organization and individual related to mineral extraction activities must submit the Plan for examination and approval by the competent authority. Specifically, the following entities are included:

1. Organizations and individuals who prepare documents to request issuance of Mineral Extraction Licenses.on Organizations and individuals currently extracting minerals but have not yet had their Environmental Remediation and Restoration Plans approved as required or have not deposited environmental remediation and restoration guarantees.

a) The following entities must prepare a Supplementary Environmental Remediation and Restoration Plan (hereinafter referred to as the Supplementary Plan):

b) Organizations and individuals requesting amendments to the content of Mineral Extraction Licenses regarding area, depth, and extraction capacity.

2. Organizations and individuals requesting extension of Mineral Extraction Licenses.on Organizations and individuals requesting changes to the environmental remediation and restoration plans compared to the previously approved Plan.

a) The following cases are not required to prepare the Plan:

b) Organizations and individuals currently extracting minerals that already have approved Environmental Remediation and Restoration Plans and have deposited environmental remediation and restoration guarantees as prescribed.

c) Organizations and individuals extracting common construction materials as stipulated in Clause 2, Article 64 of the Law on Minerals.

3. Article 5. Procedure for Preparing and Submitting the Plan and Supplementary Planon The procedures for preparing and submitting the Plan and Supplementary Plan are as follows:

a) Organizations and individuals specified in Point a, Clause 1, Article 4 of this Decision shall prepare the Plan and submit it to the competent state management agency for review together with the submission for review of the Environmental Impact Assessment Report or the Environmental Protection Commitment Statement as prescribed.

b) Organizations and individuals specified in Point b, Clause 4 of this Decision, in addition to being subject to penalties under the law, must prepare the Plan and submit it to the competent state management agency for review and approval within a period not exceeding two years from the date this Decision takes effect.

3. Amend Clause 3 Article 2 as follows:

iOrganizations and individuals specified in Clause 2, Article 4 of this Decision must prepare and submit the Supplementary Plan to the competent authority for review and approval before commencing mineral extraction or obtaining permission to change the area, depth, and extraction capacity, extend mineral extraction, or change the environmental remediation and restoration plan compared to the previously approved Plan.ìThe documents for requesting review and approval of the Plan or Supplementary Plan are as follows:

1. Time; lDocuments for requesting review and approval of the Plan include:

a) A letter requesting review and approval of the Plan;This Resolution takes effect from the date it is adopted by the National Assembly.Nine copies of the Plan's explanatory notes along with relevant drawings;

b) An Environmental Impact Assessment Report or Environmental Protection Commitment Statement or Environmental Standard Registration Statement or Environmental Protection Plan along with a copy of the approval decision or confirmation letter (if available); 1 A mineral extraction investment project along with the approval decision for the investment project and a copy of the Mineral Extraction License (if available).

c) Documents for requesting review and approval of the Supplementary Plan include:ìA letter requesting review and approval of the Supplementary Plan;ê Nine copies of the Supplementary Plan's explanatory notes along with relevant drawings;on The Plan, Environmental Impact Assessment Report or Environmental Protection Commitment Statement or Environmental Standard Registration Statement or Environmental Protection Plan along with a copy of the approval decision or confirmation letter;

2. A mineral extraction investment project along with a copy of the approval decision for the investment project and a copy of the Mineral Extraction License (if available).rime Minister cThe contents of the Plan and Supplementary Plan are as follows:

a) The contents of the Plan include:

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

- Extraction process; topographical and geomorphological characteristics; ore reserves; investment projects for mineral extraction; current environmental conditions and ecosystem status in the mineral extraction area and surrounding areas;

- Development and selection of environmental remediation and restoration methods;

- Establishment of a list and calculation of quantities of environmental remediation and restoration items according to the selected environmental remediation and restoration method;

b) Implementation plan and monitoring program during the environmental remediation and restoration period; inspection and confirmation program upon completion of environmental remediation and restoration work;

- Maintenance and repair plan for environmental remediation and restoration facilities;

- Amount of deposit for environmental remediation and restoration and deposit method;

- Estimated budget sufficient to carry out environmental remediation and restoration at each stage according to the selected environmental remediation and restoration method;

- Commitment to environmental quality standards, ecosystem quality, and quality of environmental remediation and restoration facilities after the end of mineral extraction.

3. The contents of the Supplementary Plan include:

a) General information about the mineral extraction project and legal basis for developing the Supplementary Plan;

- Description and comparison of current mineral extraction conditions; natural conditions, topography, geomorphology, and environmental and ecosystem status at the time of preparing the Supplementary Plan; comparison of current landscape, environment, and ecosystem conditions with pre-mining conditions;

- Development of a list and calculation of quantities of additional environmental remediation and restoration items;

- Maintenance and repair plan for environmental remediation and restoration facilities;

- Amount of deposit for environmental remediation and restoration and deposit method;

- Estimated budget sufficient to carry out environmental remediation and restoration at each stage according to the selected environmental remediation and restoration method;

- Kpolicies Commitment to environmental quality standards, ecosystem quality, and quality of environmental remediation and restoration facilities after the end of mineral extraction.

- The amount of the environmental remediation and restoration deposit and the method of deposit;

- Estimating sufficient funds to carry out environmental remediation and restoration at the time of implementing each phase of environmental remediation and restoration according to the selected remediation and restoration plan;n lCommitting environmental quality standards, ecological conditions, and the quality of remediation and restoration works after the completion of mineral extraction;

- Contents of the supplementary project include:

b) General information about the mineral extraction project and legal basis for developing the supplementary project;

- Description and comparison of current mineral extraction activities; natural conditions, topography, geomorphology, and environmental status at the time of drafting the supplementary project; comparing the current natural landscape, environment, and ecology with the natural conditions, environment, and ecology before the start of extraction;

- Establishing, compiling a list, and calculating the volume of additional environmental remediation and restoration items;iMaintenance and upkeep plan for remediation and restoration works;

- Maintenance and repair plan for environmental remediation and restoration facilities;

- The amount of the environmental remediation and restoration deposit and the method of deposit;

- Estimated budget sufficient to carry out environmental remediation and restoration at each stage according to the selected environmental remediation and restoration method;

- Estimating sufficient funds to carry out environmental remediation and restoration at the time of implementing each phase of environmental remediation and restoration according to the selected remediation and restoration plan;

- Committing environmental quality standards, ecological conditions, and the quality of remediation and restoration works after the completion of mineral extraction;III of this Circular Pursuant to the Environmental Protection Ordinance (hereinafter referred to as Decree No. 29/2011/ND-CP);

- Mineral extraction projects specified in point d, Clause 2 of Decree No. 29/2011/ND-CP;

- Cam kết chia sẻ lợi nhuậnpoliciesSupplementary projects of organizations and individuals specified in point b, Clause 1, Clause 2, Article 4 of this Decision shall be reviewed as follows;

Article 6. Organization for review and approval of the Project Plan or supplementary Project Plan

1. The authority to review and approve the Project Plan is stipulated as follows:

a) The Ministry of Natural Resources and Environment shall organize the review and approval of the Project Plan for mineral extraction projects as specified in point a, Clause 2, Article 18 of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment (hereinafter referred to as Decree No. 29/2011/NĐ-CP).policiesThe supplementary project does not meet the requirements;

b) Ministries, ministerial-level agencies, and government agencies shall organize the review and approval of the Project Plan for projects as specified in points b and c, Clause 2, Article 18 of Decree No. 29/2011/NĐ-CP.

c) Provincial People's Committees shall organize the review and approval of the Project Plan for mineral extraction projects as specified in point d, Clause 2 of Decree No. 29/2011/NĐ-CP.°Supplementary projects within the jurisdiction of Ministries, ministerial-level agencies, and government agencies have a maximum review period of 45 (forty-five) days from the date of receiving complete valid files. In cases where the supplementary project is complex regarding environmental remediation and restoration, the maximum review period is 60 (sixty) days;

d) Departments of Natural Resources and Environment shall organize the review of the Project Plan for mineral extraction projects within their jurisdiction, except for projects as specified in points a, b, and c of this clause.

2. The authority responsible for reviewing and approving supplementary Project Plans is the authority that reviews and approves the Project Plan.

3. The review of the Project Plan or supplementary Project Plan shall be conducted through a review board. The review board has the function and responsibility to assist the approving authority in examining the correctness and legality regarding the legal basis, rehabilitation plan, and environmental restoration fund in the Project Plan or supplementary Project Plan.

4. The review process is as follows:

a) For organizations and individuals specified in point a, Clause 1, Article 4 of this Decision, if their investment project involves mineral extraction requiring an environmental impact assessment report, the Project Plan will be reviewed together with the environmental impact assessment report according to Decree No. 29/2011/NĐ-CP.

b) For organizations and individuals specified in point a, Clause 1, Article 4 of this Decision, if their mineral extraction project requires an environmental protection commitment; and for supplementary Project Plans of organizations and individuals specified in point b, Clause 1, and Clause 2, Article 4 of this Decision, the review process is as follows:on If there are no pricing or standard rates, they shall be applied according to the regulations of the relevant Ministry or sector or according to the local area;

- Within five (5) days from the date of receiving the application for review, the competent state management agency shall examine the completeness and validity of the dossier. In case the dossier is incomplete or invalid, the competent authority shall notify the organization or individual in writing to complete the dossier.

- After receiving a valid dossier, the competent state management agency shall convene the Review Board; notify the organization or individual in writing about the review results; within thirty (30) days from the date of convening the Review Board, the organization or individual must revise and complete the Project Plan or supplementary Project Plan and resubmit it to the competent state management agency for further examination and approval.

- During the examination of the revised and completed Project Plan or supplementary Project Plan based on the Review Board's meeting results, the reviewing agency may notify the organization or individual engaged in mineral extraction in writing or via electronic mail to continue revising and supplementing the Project Plan or supplementary Project Plan if they do not meet the requirements. This Circular takes effect from August 1, 2022./. If the Mining Permit has not been issued, the deposit period shall be determined based on the remaining validity period of the Mining Permit;

- Within fifteen (15) days from the date of receiving the completed dossier, the competent state management agency shall issue a decision to approve the Project Plan or supplementary Project Plan.

- After issuing the decision to approve the Project Plan or supplementary Project Plan, the approving agency must certify on the back cover page and send it to the organization or individual and related units.

5. The review period for the Project Plan or supplementary Project Plan is as follows:

a) For the Project Plan or supplementary Project Plan under the review authority of ministries, ministerial-level agencies, and government agencies, the maximum review period is forty-five (45) days from the date of receiving a complete and valid dossier. In cases where the project is complex in terms of environmental rehabilitation and restoration, the maximum review period is sixty (60) days.on The initial deposit amount is 25% (twenty-five percent) of the total deposit amount;No.The initial deposit amount is 20% (twenty percent) of the total deposit amount;

b) For the Project Plan or supplementary Project Plan not under the review authority of ministries, ministerial-level agencies, and government agencies, the maximum review period is thirty (30) days from the date of receiving a complete and valid dossier. For projects that are complex in terms of environmental rehabilitation and restoration, the review period is forty-five (45) days.

c) In necessary cases, the reviewing agency may conduct a site inspection before organizing the review. The time for surveying and completing the dossier is not included in the review period.

Chapter

III

ENVIRONMENTAL REMEDIATION AND RESTORATION DEPOSIT

Article 7. Purpose and Principles of Bonding

1. The purpose of bonding for environmental remediation and restoration is to ensure that organizations and individuals exploiting minerals carry out environmental remediation and restoration in accordance with the provisions of the law.

2. Principles of Bonding:

a) Organizations and individuals exploiting minerals must deposit bonds into the Environmental Protection Fund. In cases where the locality where mineral exploitation activities take place does not have an Environmental Protection Fund, organizations and individuals must deposit bonds into the Vietnam Environmental Protection Fund.

b) The bond amount is paid and refunded in Vietnamese dong.

c) The bond amount earns interest on demand deposits and is calculated from the date of deposit.

d) Organizations and individuals may only withdraw interest once after receiving confirmation of the completion of all aspects of environmental remediation and restoration.

Article 8. Calculation of the Bond Amount

1. The total bond amount equals the total implementation costs of each project component for environmental remediation and restoration as specified in Appendix II issued together with this Decision.

2. The implementation cost of each project component for environmental remediation and restoration must apply local unit prices at the time of drafting the Plan or supplementary Plan. In cases where the locality does not have unit prices or norms, they shall be applied according to the relevant Ministry's or sector's regulations or those of a similar locality.oCosts for environmental remediation and restoration included in the project or supplementary project that have been approved;

3. The duration of the bond is determined as follows:

a) For new mineral exploitation projects, the bond period is determined according to the approved mineral exploitation investment project.

b) For areas already holding mining exploitation licenses, the bond period is determined based on the remaining validity period of the Mining Exploitation License.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsOne copy of the project or supplementary project attached with the approval decision;

c) In cases where the Mining Exploitation License has a different exploitation period than that calculated in the approved Plan or supplementary Plan, organizations and individuals must adjust the content and budget of the bond amount according to the Mining Exploitation License and submit it to the competent authority for approval and review.无效u.

Article 9. Bonding Method

1. In cases where the Mining Exploitation License has a term of less than three years, a single bond deposit must be made. The bond amount equals 100% of the approved amount.

2. In cases where the Mining Exploitation License has a term of three years or more,in multiple bond deposits are allowed and regulated as follows:

a) The initial bond amount:

- For Mining Exploitation Licenses with a term of less than ten years, the initial bond amount equals 25% of the total bond amount;Annually, conduct inspections and checks on environmental protection work; environmental remediation and restoration, and deposits within the jurisdiction;

- For Mining Exploitation Licenses with a term of ten to less than twenty years, the initial bond amount equals 20% of the total bond amount;ì Review the supplementary project and inspect, confirm the completion of environmental remediation and restoration contents within the jurisdiction;

- For Mining Exploitation Licenses with a term of twenty years or more, the initial bond amount equals 15% of the total bond amount.

b) Subsequent bond amounts are calculated by subtracting the initial bond amount from the total bond amount and dividing the remainder equally over the years according to the approved investment project or the remaining period stipulated in the Mining Exploitation License.

3. Organizations and individuals may choose to make a single bond deposit for the entire bond amount.

Article 10. Procedures and formalities for depositing and refunding the deposit

1. Time of deposit implementation:

a) Organizations and individuals permitted to exploit minerals must deposit for the first time thirty (30) days before commencing mining operations.

b) In cases of multiple deposits, subsequent deposits from the second time onwards must be made before January 30th of the deposit year.

2. Documents for deposit include:

a) The organization's or individual's request for deposit for environmental remediation and restoration.

b) Decision approving the Plan or supplementary Plan.

3. Principles for refunding the deposit:

a) Organizations and individuals exploiting minerals who have deposited according to regulations shall be refunded part or all of the deposit.

b) The refund of the deposited amount will be determined based on the volume completed of each project phase according to the approved Plan or supplementary Plan and confirmed by the competent state management agency.

4. Documents for requesting refund of the deposit include:

a) Request for refund of the deposit for environmental remediation and restoration.

b) Certificate confirming partial or full completion of environmental remediation and restoration.

5. Within five (5) days, the Environmental Protection Fund refunds the deposit to organizations and individuals after receiving complete valid documents as stipulated in Clause 4 of this Article., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The Environmental Protection Fund manages, uses, and refunds the deposit in accordance with the provisions of the law.

Article 11. Management and Use of Deposit Money

1. In cases where organizations and individuals exploiting minerals have deposited but become bankrupt, the authority approving the Plan or supplementary Plan is responsible for using the deposit amount, including interest, to implement environmental remediation and restoration.

2. CONFIRMATION OF COMPLETION OF ENVIRONMENTAL REMEDIATION AND RESTORATION

Chapter

IV

Article 12. Documents for requesting confirmation of completion of environmental remediation and restoration content

After completing partially or fully the environmental remediation and restoration content according to the approved Plan or supplementary Plan, organizations and individuals establish a Completion Report (hereinafter referred to as the Report) and request the competent authority to inspect and confirm.

1. Organizations and individuals afterđượ completing partially or fully the environmental remediation and restoration content according to the approved Plan or supplementary Plan then establish a Completion Report (hereinafter referred to as the Report) and request the competent authority to inspect and confirm.

2. Principles for establishing the Report:

a) For mineral exploitation permits with a term less than three (3) years, the Report and request for inspection and confirmation of environmental remediation and restoration completion should be established once.

b) For mineral exploitation permits with a term of three (3) years or more, the Report requesting inspection and confirmation can be established when each project phase is completed according to the approved Plan or supplementary Plan.

c) Environmental remediation projects must meet quantity and quality requirements according to standards and regulations and maintain and repair the projects according to the approved Plan or supplementary Plan.

3. Content of the Report:

a) Legal basis for establishing the Report.

b) Completed environmental remediation projects according to approved requirements, accompanied by evaluations of project quality and environmental quality by the supervising and monitoring unit as prescribed.

c) Amount requested for refund corresponding to the monetary value of completed environmental remediation projects included in the approved Plan or supplementary Plan. trBefore November 30 each year, report on mineral extraction activities in the administrative region;

d) Community consultation is conducted as prescribed in Article 15 of Decree No. 29/2011/NĐ-CP.

4. Documents for requesting inspection and confirmation of completion of environmental remediation and restoration content include:

a) Request for inspection and confirmation of completion of environmental remediation and restoration content.

b) Seven (7) Completion Reports on environmental remediation and restoration content.

c) Seven (7) Reports on the results of supervising and inspecting project quality and environmental quality by the supervising and monitoring unit.uOne (1) copy of the Plan or supplementary Plan attached with the approval decision.

d) Return the deposit to the organization or individual and send it to the competent authority approving the project or supplementary project, the management agency;

Article 13. Inspection and Confirmation of Completion of Environmental Remediation and Restoration

1. The competent authority responsible for inspecting and confirming the completion of environmental remediation and restoration contents is the agency that approved the Plan or the supplementary Plan.

2. The certificate of completion of all environmental remediation and restoration contents serves as the basis for conducting procedures to close down mines, transfer land and environmental remediation and restoration projects to local management according to regulations.

3. Principles and Procedures for Inspection and Confirmation

a) The confirmation of completion of environmental remediation and restoration is conducted through on-site inspectionshall with the participation of relevant agencies.

b) Inspection and Confirmation Procedures:

- Within five (5) days from receiving the dossier, the competent authority examines the completeness and validity of the dossier and notifies the organization or individual to amend and supplement if it is incomplete or invalid;

- Within thirty (30) days from receiving a valid dossier, the competent authority establishes an inspection team to check the completion of the Plan or supplementary Plan contents. The inspection team consists of representatives from local authorities, local natural resource and environment management agencies, mineral extraction permit issuing agencies, and the environmental protection fund where the organization or individual has deposited a guarantee. In necessary cases, the competent authority may invite additional related units, quality monitoring and supervision agencies, and environmental remediation and restoration project agencies to join the inspection team; tra, to confirm the invitation of some related units, quality monitoring and supervision agencies, and environmental remediation and restoration project agencies to participate in the inspection team;

- After completing the inspection, the competent authority issues a written notification about the inspection results to the organization or individual;

- Within fifteen (15) days from the date of the written notification of the inspection results tra or after receiving a complete dossier following the request for supplementation by the inspection team, the competent authority issues a certificate of completion of environmental remediation and restoration;

4. Content of inspection:

a) Inspect each component of the environmental remediation and restoration project against the reports and dossiers submitted by the organization or individual;

b) Inspect the volume and quality; process andpoliciesresults of maintenance and upkeep of environmental remediation and restoration components compared to the commitments made trin the Plan or supplementary Plan, mining design documents, applicable standards and regulations.

Chapter

V

RESPONSIBILITIES OF MANAGEMENT AUTHORITIES AND UNITS

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

1. Take the lead and coordinate with Ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees to guide implementation, conduct inspections, and monitor compliance with this Decision.

2. Develop and promulgate or submit for promulgation legal normative documents and guidelinesamendfor implementing environmental remediation and restoration work and depositing guarantees for such activities in mineral extraction operations. trReview and approve Plans or supplementary Plans and inspect and confirm the completion of environmental remediation and restoration contents within their jurisdiction.

3. Develop and promulgate guidelines on environmental protection, remediation, and restoration for mineral extraction activities and multi-mine extraction areas as prescribed.

4. Take the lead and coordinate with Ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees to identify areas affected by hazardous mineral extraction containing radioactive substances; assess the impact of hazardous mineral extraction containing radioactive substances on the environment and people.

5. Conduct annual inspections and checks on environmental protection; environmental remediation and restoration and guarantees within their jurisdiction.

6. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial People's Committees under the central government, organizations and individuals extracting minerals, the Environmental Protection Fund, and related organizations and individuals are responsible for implementing this Decision.

Article 15. Responsibilities of Ministries, ministerial-level agencies, and agencies under the Government

Deputy ministers of ministerial-level agencies,

1. ||| Review and approve the Project or supplementary project and inspect, confirm completion of environmental remediation and recovery activities within their authority.on the supplementary judgment and inspection, confirmation of completion of environmental restoration and rehabilitation content within the authority.

2. Guide, inspect, and audit environmental remediation and recovery activities and environmental restoration bonds of organizations and individuals exploiting minerals within their authority.

3. Handle violations in the field of environmental remediation and recovery and environmental restoration bonds within their authority.

4. Report to the Ministry of Natural Resources and Environment on the implementation of environmental remediation and recovery and environmental restoration bonds before December 31 each year.

1. Leading and coordinating with competent agencies for search and rescue operations for inland waterway traffic to mobilize local forces, equipment, and organizations based in the locality to participate in search and rescue operations for inland waterway traffic within their jurisdiction.

1. Review, approve, and inspect, confirm completion of environmental remediation and recovery activities according to the Project or supplementary project within their authority.

2. Issue land use planning after mineral exploitation; plans for environmental remediation and recovery in mining areas across multiple locations within their jurisdiction.

3. Guide, audit, and inspect environmental remediation and recovery activities and environmental restoration bonds of organizations and individuals exploiting minerals within their authority.

4. Report to the Ministry of Natural Resources and Environment on the results of implementing environmental remediation and recovery and environmental restoration bonds; management and use of bond funds and environmental protection fees for mineral exploitation activities within their jurisdiction before November 30 each year.i conduct mineral extraction activities on the territory before November 30 each year.

Article 17. Responsibilities of the Environmental Protection Fund

1. Receive environmental restoration bonds from organizations and individuals exploiting minerals.

2. Confirm that the bond has been deposited for organizations and individuals and send it to the competent authority to approve the Project or supplementary project, local state environmental management agency.intention fund for organizations and individuals and submit to the competent authority for approval of the Project or the supplementary Project, the managing agency lReturn the environmental restoration bond and interest on the bond to organizations and individuals in accordance with regulations.

3. Be responsible for managing and using the bond funds in accordance with the provisions of the law. Annually report to the provincial People's Committee and the Ministry of Natural Resources and Environment on the management, use, and return of the bond.

4. Urge organizations and individuals exploiting minerals to deposit the bond on time. Recommend the competent authority to handle violations related to depositing the bond.

5. Responsibilities of organizations and individuals exploiting minerals

Article 1

8Prepare and submit to the competent authority for review and approval the Project or supplementary project.

1. Notify the content of the approved Project or supplementary project to the community through the People's Committee and the Vietnam Fatherland Front Committee at the commune level where the mineral exploitation takes place for inspection and supervision.

2. Fully implement all items of environmental remediation and recovery and deposit the bond in accordance with the approved Project or supplementary project.

3. Pay the fee for reviewing, inspecting, and confirming completion of the Project or supplementary project as prescribed.

4. Report on the implementation of environmental remediation and recovery and depositing the bond to the approving agency of the Project or supplementary project and the local environmental management agency before November 30 each year.

5. This Decision takes effect from May 15, 2013, and replaces Decision No. 71/2008/QĐ-TTg dated May 29, 2008, of the Prime Minister on environmental restoration bonds for mineral exploitation activities.

Chapter

VI

IMPLEMENTING PROVISIONS

Article 19. Effective Date

The Ministry of Natural Resources and Environment shall take the lead in coordinating with ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees to guide and organize the implementation of this Decision.n ln.

Article 20. Implementation

1. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of provincial People's Committees directly under the central government, organizations and individuals exploiting minerals, the Environmental Protection Fund, and related organizations and individuals are responsible for implementing this Decision.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, organizations and individuals conducting mineral extraction, the Environmental Protection Fund, and related organizations and individuals are responsible for implementing this Decision../.

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18/2013/QĐ-TTg
Decision No. 18/2013/QD-TTg on rehabilitation and restoration of the environment and environmental restoration and rehabilitation guarantee deposits for mineral extraction activities
Expired
↓ 受本文件影响的文件
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