Circular No. 34/2009/TT-BTNMT on the establishment, approval, inspection, and confirmation of Environmental Rehabilitation and Restoration Projects for mineral extraction activities and the deposit for environmental rehabilitation and restoration for mineral extraction activities.

CIRCULAR

Regulations on the establishment, approval, inspection, confirmation of projects for environmental remediation and restoration and

deposit for environmental remediation and restoration for mineral extraction activities

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MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to the Law on Minerals dated March 20, 1996 and the Law Amending and Supplementing Certain Provisions of the Law on Minerals dated June 14, 2005;

Pursuant to the Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

Pursuant to Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain provisions of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of some articles of the Environmental Protection Law;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decision No. 71/2008/QĐ-TTg dated May 29, 2008 of the Prime Minister on deposit for environmental remediation and restoration for mineral extraction activities;

Considering the proposal of the General Director of the Environment Administration and the Director of the Legal Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain contents of Decision No. 71/2008/QĐ-TTg dated May 29, 2008 of

Article 2. Applicability

This Circular applies to state management agencies; organizations and individuals within Vietnam, foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals); and other organizations and individuals related to mineral extraction activities.

Chapter II

ESTABLISHMENT, REVIEW AND APPROVAL OF ENVIRONMENTAL REMEDIATION AND RESTORATION PROJECTS/ENVIRONMENTAL REMEDIATION AND RESTORATION PROJECTS SUPPLEMENT

Section 1

ESTABLISHMENT, REVIEW AND APPROVAL OF ENVIRONMENTAL REMEDIATION AND RESTORATION PROJECTS

Article 3. Establishment of Environmental Remediation and Restoration Projects

1. The following organizations and individuals must establish Environmental Remediation and Restoration Projects:

a) Organizations and individuals with new investment projects for mineral extraction; investment projects to increase capacity or expand the area and depth of mineral extraction;

b) Organizations and individuals engaged in mineral extraction activities that have submitted Environmental Impact Assessment Reports/Environmental Commitment Statements/Environmental Standard Compliance Registration Forms/Environmental Protection Plans which have been approved/confirmed but do not yet have Environmental Remediation and Restoration Projects approved by competent state authorities and have not implemented deposits for environmental remediation and restoration;

c) Organizations and individuals engaged in mineral extraction activities that do not yet have Environmental Protection Plans approved/confirmed by competent state authorities and have not implemented deposits for environmental remediation and restoration.

2. Environmental Remediation and Restoration Projects must have a structure and content according to the requirements set out in Appendix 1 attached to this Circular.

3. The basis for determining the amount of deposit and the method of calculating the cost of environmental remediation and restoration shall be carried out in accordance with Article 7 and Article 8 of Decision No. 71/2008/QĐ-TTg and Appendix 2 attached to this Circular.

4. In cases where organizations and individuals mentioned in Clause 1 of this Article do not establish Environmental Remediation and Restoration Projects themselves, they may hire service providers to prepare such projects. Service providers must be established in accordance with the law and must meet the following conditions:

a) Have technical staff trained in environmental and mineral extraction specialties;

b) Have material and technical facilities, means, machinery, and equipment meeting standards and quality requirements for preparing Environmental Remediation and Restoration Projects.

Article 4. Submission of documents for review and approval of the Environmental Remediation and Restoration Project

1. Organizations and individuals proposing to have the Environmental Remediation and Restoration Project reviewed and approved shall submit the documents to the competent authority specified in Clause 4, Article 2 of Decision No. 71/2008/QĐ-TTg for organization of review and approval. The competent authority approving the Environmental Impact Assessment Report, the Environmental Protection Commitment Letter, and the Environmental Protection Plan is the authority prescribed in Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 80/2006/NĐ-CP); Decree No. 21/2008/NĐ-CP dated February 28, 2008 of the Government amending and supplementing certain articles of Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection; and Circular No. 04/2008/TT-BTNMT dated September 18, 2008 of the Ministry of Natural Resources and Environment guiding the preparation, approval, or confirmation of the Environmental Protection Plan and inspection, supervision of the implementation of the Environmental Protection Plan.

2. Documents for requesting review and approval of the Environmental Remediation and Restoration Project are stipulated as follows:

a) Organizations and individuals specified in point a, Clause 1, Article 3 of this Circular are not required to prepare separate documents, only submitting the Environmental Remediation and Restoration Project together with the documents for requesting review and approval/confirmation of the Environmental Impact Assessment Report/Environmental Protection Commitment Letter. The request for review and approval/confirmation of the Environmental Impact Assessment Report/Environmental Protection Commitment Letter must include additional content requesting review and approval of the Environmental Remediation and Restoration Project;

b) Organizations and individuals specified in point b, Clause 1, Article 3 of this Circular must prepare documents for requesting review and approval of the Environmental Remediation and Restoration Project. The documents include: A request for review and approval of the Environmental Remediation and Restoration Project prepared according to the form prescribed in Appendix 3 issued together with this Circular and seven (7) explanatory documents of the Environmental Remediation and Restoration Project accompanied by relevant drawings (if any);

c) Organizations and individuals specified in point c, Clause 1, Article 3 of this Circular are not required to prepare separate documents, only submitting the Environmental Remediation and Restoration Project together with the documents for requesting approval/confirmation of the Environmental Protection Plan. The request for approval/confirmation of the Environmental Protection Plan must include additional content requesting review and approval of the Environmental Remediation and Restoration Project.

Article 5. Content of Review of the Environmental Remediation and Restoration Project

The main contents when reviewing the Environmental Remediation and Restoration Project include:

1. Legal basis, suitability in structure and content of the Environmental Remediation and Restoration Project;

2. Suitability of the selected plan, volume of environmental remediation and restoration, progress schedule compared with the content of the mining exploitation permit already issued by the competent state authority, investment project, and approved mine exploitation design; environmental protection requirements, labor safety when implementing the Project, and compliance with local land use planning;

3. Basis for calculating environmental remediation and restoration costs; accuracy and completeness of the cost estimate and suitability of the funding method.

Article 6. Review of Environmental Remediation and Restoration Projects

1. Organizations and individuals specified in point a, Clause 1, Article 3 of this Circular that have mineral exploitation investment projects subject to the preparation of an Environmental Impact Assessment Report shall have their Environmental Remediation and Restoration Project reviewed concurrently with the review of the Environmental Impact Assessment Report. The minutes of the Review Board meeting, the Review Project on Environmental Remediation and Restoration, and the Evaluation Form for the Environmental Remediation and Restoration Project shall be prepared according to the models prescribed in Appendices 4, 5, and 6 issued together with this Circular.

2. Organizations and individuals specified in point a, Clause 1, Article 3 of this Circular that have mineral exploitation investment projects subject to the preparation of an Environmental Protection Commitment Letter shall have their Environmental Remediation and Restoration Project reviewed by the competent authority through the consolidation of evaluation forms from the Department of Natural Resources and Environment, relevant sectors such as Natural Resources and Environment, Industry and Trade, Finance-Planning, Agriculture and Rural Development under the People's Committee of the district/city directly under the province (hereinafter referred to as the District People's Committee), and the opinions of the People's Committee of the commune where the mineral exploitation project is implemented.

3. The Environmental Remediation and Restoration Project of organizations and individuals specified in point b, Clause 1, Article 3 of this Circular shall be reviewed as follows:

a) For Environmental Remediation and Restoration Projects within the approval authority of Ministries, ministerial-level agencies, or government agencies, the approving authority shall organize the review of the Environmental Remediation and Restoration Project. The review content shall be carried out in accordance with the provisions of Article 5 of this Circular. In necessary cases, the approving authority may establish a verification team at the mineral exploitation site. The verification team shall include representatives from the Department of Natural Resources and Environment and the People's Committee of the district where the mineral exploitation project is implemented. The verification results shall be recorded in a protocol signed by all participating parties.

b) For Environmental Remediation and Restoration Projects within the approval authority of the Provincial People's Committee or the Department of Natural Resources and Environment, the approving authority shall review through the consolidation of evaluation forms from the Departments of Natural Resources and Environment (except in cases within the approval authority of the Department of Natural Resources and Environment), Industry and Trade, Construction, Finance, Agriculture and Rural Development, and the opinions of the People's Committee of the district and the People's Committee of the commune where the mineral exploitation project is implemented. In necessary cases, the approving authority may establish a verification team at the mineral exploitation site. The verification results shall be recorded in a protocol signed by all participating parties.

c) For Environmental Remediation and Restoration Projects within the approval authority of the District People's Committee or the Department of Natural Resources and Environment, the approving authority shall review through the consolidation of evaluation forms from the Department of Natural Resources and Environment, relevant sectors such as Natural Resources and Environment (except in cases within the approval authority of the Department of Natural Resources and Environment), Industry and Trade, Construction, Finance-Planning, Agriculture and Rural Development under the District People's Committee, and the opinions of the People's Committee of the commune where the mineral exploitation project is implemented.

4. For Environmental Remediation and Restoration Projects of organizations and individuals specified in point c, Clause 1, Article 3 of this Circular, the approving authority shall organize the review of the Environmental Remediation and Restoration Project concurrently with the review of the Environmental Protection Plan. The form of organizing the review of the Environmental Remediation and Restoration Project shall be carried out as follows:

a) Environmental Remediation and Restoration Projects subject to the preparation of an Environmental Protection Plan equivalent to an Environmental Impact Assessment Report shall be reviewed in accordance with the provisions of point b, Clause 3 of this Article.

b) Environmental Remediation and Restoration Projects subject to the preparation of an Environmental Protection Plan equivalent to an Environmental Protection Commitment Letter shall be reviewed in accordance with the provisions of point c, Clause 3 of this Article.

5. Documents seeking comments from the District People's Committee/Commune People's Committee and responses to these comments shall be prepared according to the models prescribed in Appendices 7 and 8 issued together with this Circular.

6. Costs for the activity of reviewing the Environmental Remediation and Restoration Project shall be implemented in accordance with current regulations.

Article 7. Re-examination of Environmental Remediation and Restoration Projects

1. In cases where the Environmental Remediation and Restoration Project does not meet the requirements for approval by the competent authority or for approval by the Appraisal Board, organizations and individuals must re-establish the Environmental Remediation and Restoration Project and submit a request for re-examination.

2. The Environmental Remediation and Restoration Project shall be examined according to the form prescribed in Clause 1 of Article 6 of this Circular when it needs to be re-examined, the competent authority for approval shall seek the evaluation opinions of the members of the previous Appraisal Board. If necessary, the competent authority for approval may establish a new Appraisal Board.

3. The Environmental Remediation and Restoration Project shall be examined according to the forms prescribed in Clauses 2, 3, and 4 of Article 6 of this Circular when it needs to be re-examined, the organization of the re-examination shall be carried out similarly to the initial examination.

4. Costs for the re-examination activities of the Environmental Remediation and Restoration Project shall be implemented in accordance with current regulations.

Article 8. Time for Examination and Re-examination of Environmental Remediation and Restoration Projects

1. The time for examination and re-examination of Environmental Remediation and Restoration Projects according to the form prescribed in Clause 1 of Article 6 of this Circular shall be conducted similarly to the time for examination of the Environmental Impact Assessment Report as stipulated in Article 12 of Decree No. 80/2006/NĐ-CP and Circular No. 05/2008/TT-BTNMT dated December 8, 2008 of the Ministry of Natural Resources and Environment guiding Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Protection Commitment.

2. The time for inspection, acceptance; examination, and re-examination of Environmental Remediation and Restoration Projects according to the forms prescribed in Clauses 2, 3, and 4 of Article 6 of this Circular shall be regulated as follows:

a) Within seven working days from the date of receipt of the dossier, the competent authority for approval must examine the completeness and validity of the dossier to issue a receipt for the dossier. In case the dossier is incomplete or invalid, the receiving authority shall notify the organization or individual and implement accordingly.

b) Within twenty working days from the date of receipt of a complete and valid dossier, the competent authority for approval shall conduct examination and re-examination activities of the Environmental Remediation and Restoration Project and notify the organization or individual in writing about the examination results and related requirements for completing the Environmental Remediation and Restoration Project.

c) Within seven working days from the date of receipt of the request, the People's Committee of the district or commune must provide written comments on the Environmental Remediation and Restoration Project. The time for examination and re-examination of the Environmental Remediation and Restoration Project does not include the time for soliciting opinions from the People's Committee of the district/commune.

Article 9. Completion of Environmental Remediation and Restoration Projects

Upon receipt of the notification from the competent authority for approval regarding the examination and re-examination results of the Environmental Remediation and Restoration Project, organizations and individuals must complete the Environmental Remediation and Restoration Project, affix a stamp, and attach a detailed explanation of the amended and supplemented contents sent to the competent authority for approval in the following quantities:

1. For Environmental Remediation and Restoration Projects under the approval authority of the Ministry of Natural Resources and Environment, the quantity must be sufficient to send to the following addresses: Ministry of Natural Resources and Environment three copies accompanied by one CD containing all data; People's Committee of the province where land is used one copy; Department of Natural Resources and Environment where land is used one copy; in cases where the Environmental Remediation and Restoration Project is located in areas covering two provinces or more, additional copies of the Environmental Remediation and Restoration Project must be sent equal to the number of additional provinces; organizations and individuals submitting for approval one copy.

2. For Environmental Remediation and Restoration Projects under the approval authority of Ministries, agencies at the ministerial level, and government agencies, the quantity must be sufficient to send to the following addresses: Ministry/agency at the ministerial level/government agency approving the Environmental Remediation and Restoration Project three copies accompanied by one CD containing all data; Ministry of Natural Resources and Environment one copy; People's Committee of the province where land is used one copy; Department of Natural Resources and Environment where land is used one copy; in cases where the Environmental Remediation and Restoration Project is located in areas covering two provinces or cities or more, additional copies of the Environmental Remediation and Restoration Project must be sent equal to the number of additional provinces; organizations and individuals submitting for approval one copy.

3. For Environmental Remediation and Restoration Projects under the approval authority of the Provincial People's Committee, Department of Natural Resources and Environment, the quantity must be sufficient to send to the following addresses: Provincial People's Committee one copy accompanied by one CD containing all data; Ministry of Natural Resources and Environment one copy; Department of Natural Resources and Environment one copy accompanied by one CD containing all data; People's Committee of the district implementing the project one copy; in cases where the Environmental Remediation and Restoration Project is located in areas covering two districts or more, additional copies of the Environmental Remediation and Restoration Project must be sent equal to the number of additional districts; organizations and individuals submitting for approval one copy.

4. For Environmental Remediation and Restoration Projects under the approval authority of the District People's Committee, Department of Natural Resources and Environment, the quantity must be sufficient to send to the following addresses: District People's Committee one copy accompanied by one CD containing all data; Department of Natural Resources and Environment one copy; Provincial People's Committee one copy; organizations and individuals submitting for approval one copy.

Article 10. Approval of Environmental Remediation and Restoration Projects

Environmental remediation and restoration projects shall be approved by a decision of the competent authority's head and shall be specified as follows:

1. When an environmental impact assessment report is reviewed together with an environmental remediation and restoration project, the approval content of both the environmental impact assessment report and the environmental remediation and restoration project shall be reflected in the same decision. The approval decision shall be prepared according to the form prescribed in Appendix 9 issued along with this Circular.

2. In cases not covered by Clause 1 of this Article, the environmental remediation and restoration project shall be approved by a separate decision. The approval decision shall be prepared according to the form prescribed in Appendix 10 issued along with this Circular.

Article 11. Submission of Approved Environmental Remediation and Restoration Project Files

1. The competent authority approving the project must submit the approved environmental remediation and restoration project along with the approval decision to organizations, individuals, and related agencies as stipulated in Article 9 of this Circular.

2. The competent authority approving the project must affix its confirmation on the back cover page of each copy of the environmental remediation and restoration project according to the form prescribed in Appendix 11 issued along with this Circular.

Section 2

ESTABLISHMENT, REVIEW, AND APPROVAL OF SUPPLEMENTARY ENVIRONMENTAL REMEDIATION AND RESTORATION PROJECTS

Article 12. Establishment of Supplementary Environmental Remediation and Restoration Projects

1. In cases where organizations or individuals are granted an extension for mineral exploitation, they must establish supplementary environmental remediation and restoration projects.

2. The agency approving the environmental remediation and restoration project is the competent authority to approve the supplementary environmental remediation and restoration project of that project.

3. The supplementary environmental remediation and restoration project must have contents structured and meet the requirements prescribed in Appendix 12 issued along with this Circular.

Article 13. Review and Approval of Supplementary Environmental Remediation and Restoration Projects

1. The application for review and approval includes:

a) A request for review according to the form prescribed in Appendix 13 issued along with this Circular;

b) Seven (7) copies of the supplementary environmental remediation and restoration project;

c) The environmental remediation and restoration project accompanied by the previous approval decision.

2. Requirements regarding the format, content, procedures, and timeframes for reviewing and re-reviewing the supplementary environmental remediation and restoration project shall be carried out similarly to those for reviewing the initial environmental remediation and restoration project, as stipulated in Articles 6 and 7 of this Circular.

3. The approval of the supplementary environmental remediation and restoration project shall be expressed through an approval decision. The approval decision shall be prepared according to the form prescribed in Appendix 14 issued along with this Circular; in cases where the supplementary environmental remediation and restoration project is approved together with a supplementary environmental impact assessment report, the approval content of both the supplementary environmental impact assessment report and the supplementary environmental remediation and restoration project shall be reflected in one approval decision.

4. Costs for reviewing the supplementary environmental remediation and restoration project shall be implemented according to current regulations.

Chapter III

PROCEDURES FOR DEPOSITING FUNDS, MANAGING, AND USING DEPOSITED FUNDS

Article 14. Procedures for Deposit

The procedures for deposit shall be carried out in accordance with the provisions of Articles 9 and 10 of Decision No. 71/2008/QĐ-TTg. The application dossier for deposit for environmental remediation and restoration is stipulated as follows:

1. The application dossier for deposit for environmental remediation and restoration includes:

a) A request for deposit for environmental remediation and restoration in the form prescribed in Appendix 15 attached hereto;

b) One copy of the Environmental Remediation and Restoration Project, along with any supplementary Environmental Remediation and Restoration Project, accompanied by the approval decision.

2. After receiving the deposit, the Vietnam Environment Protection Fund or the local Environment Protection Fund (hereinafter referred to as the Environment Protection Fund) shall confirm the deposit for environmental remediation and restoration for organizations and individuals in the form prescribed in Appendix 16 attached hereto.

3. Within seven working days from the date of receipt of the deposit for environmental remediation and restoration, the Environment Protection Fund has the responsibility to notify in writing the competent authority approving the Environmental Remediation and Restoration Project and the local state management agency on environmental protection.

Article 15. Management and Use of Deposit Money

1. The management and use of deposit money shall be carried out in accordance with the provisions of Article 12 of Decision No. 71/2008/QĐ-TTg.

2. Organizations and individuals specified in point a, Clause 1, Article 3 of this Circular, after being granted a mining exploitation permit with a term different from the time calculated in the approved Environmental Remediation and Restoration Project, must recalculate the annual deposit amount in accordance with the term of the mining exploitation permit and report to the competent authority for review and adjustment.

3. Before November 30 each year, Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, the Environment Protection Fund, and district People's Committees shall submit reports in the form prescribed in Appendix 17 attached hereto. Reporting requirements are as follows:

a) Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees shall report to the Ministry of Natural Resources and Environment on the implementation of deposits and environmental remediation and restoration by organizations and individuals;

b) The Vietnam Environment Protection Fund shall report to the Ministry of Natural Resources and Environment; the local Environment Protection Fund shall report to the provincial People's Committee on the collection, refund, and management of deposit money for environmental remediation and restoration in accordance with regulations;

c) District People's Committees shall report to provincial People's Committees on the work of depositing and environmental remediation and restoration by organizations and individuals.

Article 16. Inspection and Confirmation of Completion of Environmental Remediation and Restoration Contents

1. The application dossier for inspection and confirmation of completion of environmental remediation and restoration shall be in accordance with Clause 1, Article 11 of Decision No. 71/2008/QĐ-TTg. The completion report on environmental remediation and restoration shall be prepared in the form prescribed in Appendix 18 attached hereto.

2. The head or person in charge of the inspection and confirmation agency shall issue a decision to establish an inspection team for the environmental remediation and restoration work of organizations and individuals. The decision to establish the inspection team shall be prepared in the form prescribed in Appendix 19 attached hereto. The inspection results shall be recorded in a Record in the form prescribed in Appendix 20 attached hereto.

3. The technical appraisal contents include: quality appraisal of environmental remediation and restoration works and environmental quality meeting technical standards (permeability, settlement, subsidence, sliding, erosion, and durability of environmental remediation and restoration works, etc.), environmental quality in accordance with regulations, meeting the requirements of environmental remediation and restoration committed in the approved Environmental Remediation and Restoration Project/supplementary Environmental Remediation and Restoration Project.

4. The competent authority for inspection and confirmation shall issue a certificate confirming the completion of partial or full environmental remediation and restoration contents for organizations and individuals meeting the conditions stipulated; the certificate form shall be prepared in accordance with the provisions in Appendix 21 attached hereto.

Chapter IV IMPLEMENTATION PROVISIONS

Article 17. Implementation Organization

1. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of provincial People's Committees, Chairmen of district People's Committees, Chairmen of commune People's Committees, Directors of Environment Protection Funds, organizations and individuals exploiting minerals, and other related organizations and individuals are responsible for implementing this Circular.

2. Provincial Department of Natural Resources and Environment Directors have the responsibility to direct the review, inspection, and urging of organizations and individuals exploiting minerals within their jurisdiction to implement deposits and environmental remediation and restoration in accordance with regulations.

3. The Director of the General Environmental Administration has the responsibility to direct the examination and re-examination of Environmental Remediation and Restoration Projects/supplementary Environmental Remediation and Restoration Projects within the approval authority of the Ministry of Natural Resources and Environment; to guide, inspect, monitor, and urge the implementation of this Circular.

4. Organizations and individuals exploiting minerals that have had an Environmental Impact Assessment Report/Environmental Commitment Letter/Environmental Standard Compliance Registration/Ecological Protection Plan approved/confirmed before Decision No. 71/2008/QĐ-TTg took effect (June 26, 2008) and have deposited for environmental remediation and restoration do not need to prepare an Environmental Remediation and Restoration Project but must comply with the regulations on deposits, environmental remediation, and restoration in Decision No. 71/2008/QĐ-TTg and this Circular.

Article 18. Effective Date

This Circular takes effect from February 15, 2010. During the implementation of this Circular, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution.