Circular No. 38/2015/TT-BTNMT On rehabilitation and environmental restoration in mineral extraction activities

CIRCULAR

On rehabilitation and environmental restoration in mineral extraction activities

Pursuant to the Environmental Protection Law No. 55/2014/QH13 dated June 23, 2014;

Pursuant to the Minerals Law No. 60/2010/QH12 dated November 17, 2010;

Pursuant to Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing the implementation of certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 15/2012/NĐ-CP dated March 9, 2012, issued by the Government detailing the implementation of certain provisions of the Minerals Law;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Upon the proposal of the Director General of the Department of Environment and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues the Circular on rehabilitation and environmental restoration in mineral extraction activities,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of regulations on rehabilitation and environmental restoration and the deposit for rehabilitation and environmental restoration for mineral extraction activities as stipulated in Decree No. 19/2015/NĐ-CP dated February 14, 2015, of the Government detailing certain provisions of the Law on Environmental Protection (hereinafter referred to as Decree No. 19/2015/NĐ-CP), including:

1. Procedures, formalities, contents of examination, approval, inspection, confirmation of completion of the rehabilitation and environmental restoration plan (hereinafter referred to as the plan) and supplementary rehabilitation and environmental restoration plan (hereinafter referred to as the supplementary plan) for mineral extraction activities.

2. Deposit for rehabilitation and environmental restoration for mineral extraction activities.

Article 2. Applicability

This Circular applies to state agencies; organizations and individuals engaged in mineral extraction activities (hereinafter referred to as organizations and individuals) and other related organizations and individuals.

Chapter II

PROCEDURES, FORMALITIES, CONTENTS OF EXAMINATION AND APPROVAL OF THE PLAN AND SUPPLEMENTARY PLAN

Section 1

Procedures and formalities for examination and approval of the plan and supplementary plan

Article 3. Documents for requesting examination and approval of the plan and supplementary plan

1. Organizations and individuals specified in Point a Clause 1 Article 5 and Point a Clause 2 Article 5 of Decree No. 19/2015/NĐ-CP that have the plan or supplementary plan and the environmental impact assessment report under the same authority for approval shall prepare the plan or supplementary plan according to the model prescribed in Appendix 2 or Appendix 4 issued together with this Circular and submit it along with the documents for requesting examination and approval of the environmental impact assessment report. The request for examination and approval shall be made according to the model prescribed in Appendix 1B issued together with this Circular.

2. Documents for requesting examination and approval of the plan in cases not covered by Clause 1 of this Article:

a) Request document according to the model prescribed in Appendix 1A issued together with this Circular;

b) Seven copies of the plan according to the model prescribed in Appendix 2 issued together with this Circular;

c) One copy of the approved or confirmed environmental impact assessment report or environmental protection plan or environmental protection commitment or environmental standard registration or simple environmental protection proposal or detailed environmental protection proposal.

3. Documents for requesting examination and approval of the supplementary plan in cases not covered by Clause 1 of this Article:

a) Request document according to the model prescribed in Appendix 1A issued together with this Circular;

b) Seven copies of the supplementary plan according to the model prescribed in Appendix 4 issued together with this Circular;

c) One copy of the approved or confirmed environmental impact assessment report or environmental protection plan or environmental protection commitment or environmental standard registration or simple environmental protection proposal or detailed environmental protection proposal;

d) One copy of the approved plan attached to the decision.

Article 4. Receipt of documents and time limit for examination

1. Documents for requesting examination and approval of the plan and supplementary plan shall be submitted directly or sent through postal service to the agency specified in Clause 1 Article 7 of Decree No. 19/2015/NĐ-CP.

2. The maximum time limit for examining the plan and supplementary plan is thirty-five working days from the date of receipt of complete and valid documents. For cases specified in Clause 1 Article 3 of this Circular, the time limit for examining the plan shall be carried out according to the time limit for examining the environmental impact assessment report.

3. The results of examination and approval of the plan and supplementary plan shall be delivered directly at the examination and approval agency or sent through postal service.

Article 5. Reviewing plans and supplementary plans

1. For cases as prescribed in Clause 1, Article 3 of this Circular, the review procedures and formalities shall be carried out according to the procedures and formalities for reviewing environmental impact assessment reports. The competent authority responsible for reviewing environmental impact assessment reports shall take the lead and coordinate with the competent authority responsible for reviewing plans and supplementary plans (hereinafter referred to as the competent authority responsible for reviewing plans) to perform the following tasks:

a) Examining the validity of the dossier: The dossier is considered valid when it includes the consensus opinion of the competent authority responsible for reviewing plans;

b) Establishing the review board: The composition of the review board must include the members of the plan review board as stipulated in Clause 2, Article 7 of Decree No. 19/2015/NĐ-CP. The decision to establish the review board for environmental impact assessment reports and plans and supplementary plans shall be made according to the model specified in Appendix 5B issued together with this Circular;

c) Organizing on-site inspection activities, verifying information and data; taking samples for analysis verification; consulting opinions from relevant organizations and individuals; hiring experts and professional associations for critique if requested by the competent authority responsible for reviewing plans;

d) Holding meetings of the review board: The minutes of the review board meeting shall be recorded according to the model specified in Appendix 6B issued together with this Circular.

2. For cases not covered by Clause 1 of this Article, the review of plans and supplementary plans shall be conducted according to Clause 2, Article 7 of Decree No. 19/2015/NĐ-CP. The operation of the review board for plans and supplementary plans (hereinafter referred to as the review board) is regulated in Section 2 of this Chapter. The review procedure is as follows:

a) Within a period not exceeding 10 (ten) working days from the date of receipt of the dossier, the competent authority responsible for reviewing plans shall be responsible for establishing the review board. The decision to establish the review board shall be made according to the model specified in Appendix 5A issued together with this Circular. In case the dossier is incomplete or invalid, within a period not exceeding 5 (five) working days, the competent authority responsible for reviewing shall notify in writing the organization or individual concerned to complete the dossier;

b) If necessary, within a period not exceeding 12 (twelve) working days from the date of establishment of the review board, the competent authority responsible for reviewing plans shall conduct activities such as on-site inspections, verifying information and data; taking samples for analysis verification at the implementation site of the plan and supplementary plan and adjacent areas; consulting opinions from relevant organizations and individuals; hiring experts and professional associations to critique the contents of the plan and supplementary plan;

c) Within a period not exceeding 07 (seven) working days from the date of completion of the contents specified in Point a or Point b of Clause 2 of this Article, the competent authority responsible for reviewing plans shall organize a meeting of the review board. The minutes of the review board meeting, comments on the plan and supplementary plan, evaluation forms of the plan and supplementary plan shall be recorded according to the models specified in Appendices 6A, 7, and 8 issued together with this Circular;

d) Within a period of 06 (six) working days from the date of holding the review board meeting, the competent authority responsible for reviewing plans shall notify in writing the results of the review to the organization or individual;

đ) After receiving the notification of the review results, the organization or individual shall be responsible for:

- Amending and completing the content of the plan and supplementary plan as prescribed in Point b, Clause 4, Article 8 of this Circular. The time limit for amendment and supplementation shall not exceed 06 (six) months from the date of issuance of the notification of the review results. The time for amendment and completion shall not be included in the review and approval time specified in Clause 2, Article 4 of this Circular. Exceeding the amendment and supplementation period, the organization or individual must re-establish the plan and supplementary plan;

- Re-establishing the plan and supplementary plan and resubmitting it as prescribed in Point c, Clause 4, Article 8 of this Circular; the review procedure shall be carried out as for the first submission of the dossier.

Article 6. Approval of plans and supplementary plans

1. For cases prescribed in Clause 1, Article 5 of this Circular, the procedures for approving plans and supplementary plans shall be carried out according to the procedures for approving environmental impact assessment reports. The competent authority responsible for reviewing environmental impact assessment reports shall take the lead and coordinate with the competent authority responsible for reviewing plans to implement the following contents:

a) Checking and reviewing the suitability and completeness of the dossier and the contents after organizations and individuals have revised and completed according to the conclusions of the review board;

b) Jointly submitting to the competent authority for approval of the environmental impact assessment report and plans, supplementary plans. The decision on approving the environmental impact assessment report and plans, supplementary plans shall be prepared according to the form at Appendix 9B issued together with this Circular.

2. In cases not falling under the provisions of Clause 1 of this Article:

a) If the plan and supplementary plan are approved without the need for revision or supplementation, the organization or individual shall affix a cross-stamp and resubmit the plan and supplementary plan to the competent authority for examination and issuance of the approval decision in accordance with the quantity specified as follows:

- In cases within the jurisdiction of the Ministry of Natural Resources and Environment for review and approval, the quantity must be sufficient to send to the following addresses: 01 (one) copy to the Ministry of Natural Resources and Environment accompanied by 01 (one) CD containing all data; 01 (one) copy to the Department of Natural Resources and Environment where the plan and supplementary plan are implemented; 01 (one) copy to the organization or individual;

- In cases within the jurisdiction of the People's Committee of provinces and centrally governed cities (hereinafter referred to as the Provincial People's Committee) for approval, the quantity must be sufficient to send to the following addresses: 01 (one) copy to the Provincial People's Committee accompanied by 01 (one) CD containing all data; 01 (one) copy to the organization or individual.

b) If the plan and supplementary plan are approved subject to revision and supplementation, after revision and supplementation, the organization or individual shall affix a cross-stamp on the plan and supplementary plan along with a detailed explanatory document and submit it to the competent authority for review and approval in accordance with the quantity specified in Point a, Clause 2 of this Article;

c) Within a period not exceeding 15 (fifteen) working days from the date of receipt of the dossier requesting approval, the approving authority shall issue the approval decision and confirm on the back cover page of the plan and supplementary plan. In case the dossier does not meet the conditions for approval, the competent authority shall provide comments in writing specifying the reasons. The approval decision on the plan, the approval decision on the supplementary plan, and the confirmation form on the back cover page shall be in accordance with the forms prescribed in Appendices 9A, 9C, and 10 issued together with this Circular.

3. The approving authority shall send the approval decision along with the approved plan and supplementary plan to the organization or individual and the authorities specified in Clause 2 of this Article; send 01 (one) approval decision to the environmental protection fund that receives the deposit for environmental remediation and restoration.

Section 2. Contents of Review and Activities of the Review Board

Article 7. Contents of Review of Plans and Supplementary Plans

1. Legal basis, structural and content suitability of the plan and supplementary plan with current regulations.

2. Suitability of the content of the plan and supplementary plan with requirements for environmental protection, mineral exploitation planning, land use planning, and environmental planning (if applicable) of the locality.

3. Basis for calculating the volume of environmental remediation and restoration items and environmental remediation and restoration costs; accuracy and completeness of the volume and cost estimate, suitability of the deposit method.

Article 8. Principles of Operation and Conclusions of the Appraisal Board

1. The Appraisal Board is established to appraise each proposal and supplementary proposal.

2. The Appraisal Board is responsible for advising the approving authority on proposals and supplementary proposals; it shall be liable under the law and to the approving authority regarding the results of the appraisal.

3. The Appraisal Board operates based on the principle of open discussion and majority decision-making.

4. The review results are expressed in one of the following three cases:

a) Approval: when all members of the Appraisal Board present at the meeting agree unanimously without requiring amendments or supplements;

b) Approval with conditions for amendment or supplement: when at least two-thirds (two-thirds) of the members present at the meeting agree to approve or approve with conditions for amendment or supplement, including the Chairman or Deputy Chairman authorized to agree to approval or approval with conditions for amendment;

c) Non-approval: when more than one-third (one-third) of the members present at the meeting vote against approval.

Article 9. Responsibilities and Authorities of Members of the Appraisal Board

1. Responsibilities of Board Members:

a) Studying proposals, supplementary proposals, and related files and documents provided by the organizing authority;

b) Participating in meetings of the Appraisal Board and investigative or survey activities organized during the process (if any);

c) Submitting a written comment to the approving authority at least one (1) working day before the formal meeting of the Appraisal Board; presenting the comment at the formal meeting of the Appraisal Board;

d) Fill out evaluation forms;

d) Managing documents provided according to the provisions of the law and returning these documents upon request of the organizing authority after completing the assigned tasks;

e) Be accountable to the reviewing and approving agency and under the law for comments, evaluations made, and assigned work contents during the review process.

2. Authorities of Board Members:

a) Request the reviewing agency to provide related documents for study and evaluation;

b) Propose to the reviewing agency to organize specialized meetings and other activities to directly serve the review;

c) Attending meetings of the Appraisal Board and other activities to serve the appraisal;

d) Directly exchanging opinions with organizations or individuals at the Appraisal Board meetings; retaining their opinions if they differ from the conclusions of the Appraisal Board;

e) Receiving remuneration according to current regulations when performing tasks; being reimbursed for travel, food, accommodation, and other expenses according to the law when participating in Appraisal Board activities.

3. In addition to the responsibilities and authorities stipulated in Clause 1 and Clause 2 of this Article, the Chairman has additional responsibilities and authorities as follows:

a) Chairing meetings of the Appraisal Board;

b) Handling opinions raised at Appraisal Board meetings and concluding the meetings;

c) Signing the minutes of the meeting and being accountable to the approving authority for the conclusions made in the meeting according to the assigned responsibilities and authorities.

4. The Deputy Chairman has the responsibilities and authorities of Board Members as stipulated in Clause 1 and Clause 2 of this Article and those of the Chairman when authorized by the Chairman.

Article 10. Responsibilities of the Permanent Organizing Authority for Proposal Appraisal

1. Reviewing the legality of the application files for proposal appraisal, supplementary proposals.

2. Drafting the decision to establish the Appraisal Board and submitting it to the competent authority for consideration and decision.

3. Contacting and requesting organizations or individuals to provide additional relevant documents if necessary and sending them to the members of the Appraisal Board.

4. Organizing meetings of the Appraisal Board and other activities of the Appraisal Board.

5. Notifying the project owner in writing about the appraisal results and requirements related to completing the appraisal file.

6. Organizing a review of the content of proposals and supplementary proposals after they have been amended or supplemented by organizations or individuals; sending a document requesting some members of the Appraisal Board to continue providing comments on proposals and supplementary proposals if necessary.

7. Drafting the decision to approve proposals and supplementary proposals and submitting it to the competent authority for consideration and decision.

Article 11. Conditions for convening the formal appraisal council meeting

1. There must be participation (present at the meeting or participating via online meeting) of at least two-thirds (two-thirds) or more of the number of members of the appraisal council as decided in the establishment decision. The appraisal council does not meet the conditions for convening if the Chairman of the council or the Vice-Chairman of the council (in cases where the Chairman is absent and authorized) is not present.

2. Participation of the legal representative of organizations, individuals, or persons authorized.

3. Organizations and individuals have paid the appraisal fee for the plan or supplementary plan in accordance with the provisions of the law.

Chapter III

ENVIRONMENTAL REMEDIATION AND RESTORATION DEPOSIT

Article 12. Calculation of the deposit amount

1. The total deposit amount (excluding inflation factor) equals the total budget of all items of the environmental remediation and restoration project. The calculation method and cost estimate for environmental remediation and restoration are stipulated in Appendix 11 issued together with this Circular.

2. The annual deposit amount (excluding inflation factor) is calculated by subtracting the initial deposit amount specified in Clause 2, Article 13 of this Circular from the total deposit amount, then dividing equally among the remaining years according to the investment project period or the Mineral Extraction Permit.

3. Organizations and individuals who pay the annual deposit must take into account the inflation factor and are determined by multiplying the annual deposit amount specified in Clause 2 of this Article by the Consumer Price Index of previous years starting from the time the plan or supplementary plan was approved. The annual Consumer Price Index is applied according to the announcement of the General Statistics Office for the locality where minerals are extracted or the competent authority.

4. Deposit period:

a) In the case where organizations and individuals apply for a new Mineral Extraction Permit, the deposit period is determined based on the investment project reviewed by the competent authority but shall not exceed thirty (30) years;

b) In the case where organizations and individuals already have a Mineral Extraction Permit: the deposit period is determined based on the remaining term in the Mineral Extraction Permit from the time the plan or supplementary plan was approved;

c) In the case where the Mineral Extraction Permit has a different extraction period than that calculated in the approved plan or supplementary plan, organizations and individuals adjust the content and calculate the deposit amount according to the period in the issued Mineral Extraction Permit and submit it to the competent authority approving the plan or supplementary plan for review and adjustment.

Article 13. Deposit Method

1. In the case where organizations and individuals have a Mineral Extraction Permit with a term of less than three (3) years, they must make a single deposit. The deposit amount equals one hundred percent (100%) of the approved amount, taking into account the inflation factor at the time of deposit.

2. In the case where organizations and individuals have a Mineral Extraction Permit with a term of three (3) years or more, they may make multiple deposits. The initial deposit amount must take into account the inflation factor at the time of deposit and is determined as follows:

a) For Mineral Extraction Permits with a term of less than ten (10) years: the initial deposit amount equals twenty-five percent (25%) of the total deposit amount;

b) For Mining Permits with a term of ten to less than twenty years: the initial deposit amount shall be 20% (twenty percent) of the total deposit amount;

c) For Mineral Extraction Permits with a term of twenty (20) years or more: the initial deposit amount equals fifteen percent (15%) of the total deposit amount.

3. The deposit amount, taking into account the inflation factor, is declared and paid by organizations and individuals and reported to the environmental protection fund where the deposit is made according to the form prescribed in Appendix 12 issued together with this Circular.

4. In the case where organizations and individuals have made deposits in accordance with the law but have ceased mineral extraction activities for one (1) year or more, they must prepare a report to the competent authority approving the plan or supplementary plan to adjust the deposit amounts for subsequent periods.

5. In the case where organizations and individuals permitted to extract minerals transfer the right to extract minerals or engage in mergers, acquisitions, name changes, or consolidations of enterprises, the organization or individual receiving the transferred right to extract minerals or the new owner of the enterprise must continue to fulfill obligations related to environmental remediation and restoration and make deposits for environmental remediation and restoration according to the approved plan or supplementary plan.

Article 14. Time for Deposit and Acceptance of Deposit Money

1. Time for Implementing Deposit:

a) Organizations and individuals currently exploiting minerals shall implement their first deposit within no more than 30 (thirty) working days from the date they are approved of the plan or supplementary plan;

b) Organizations and individuals newly granted Mineral Exploitation Licenses shall implement their first deposit before the date of registering to start basic construction at the mine;

c) In cases of multiple deposits, subsequent deposits from the second time onwards must be implemented before January 31 of the year of deposit.

2. Acceptance of Deposit Money:

a) The place for receiving deposit money is specified in Clause 3, Article 8 of Decree No. 19/2015/NĐ-CP. In cases where localities have not established environmental protection funds, organizations and individuals shall deposit at the Vietnam Environmental Protection Fund;

b) The environmental protection fund is responsible for checking the accuracy of the deposited amount and issuing a Deposit Confirmation Certificate to organizations and individuals according to the model prescribed in Appendix 13 issued together with this Circular.

Article 15. Refund of Deposit Money

1. Principles for Refunding Deposit Money:

a) The refund of deposited money shall be carried out in accordance with Clause 4 and Clause 5 of Article 8 of Decree No. 19/2015/NĐ-CP;

b) Deposits unrelated directly to the budget for implementing environmental restoration projects shall be refunded once after confirming the completion of the entire plan or supplementary plan.

2. Within 05 (five) working days from the date of receipt of the Certificate of Completion of Environmental Restoration, the place receiving deposit money shall refund the deposit to organizations and individuals.

3. The refund of deposit money for organizations and individuals returning or having their Mineral Exploitation Licenses revoked shall be carried out after the decision to close the mineral mine is made.

Chapter IV

PROCEDURE AND PROCEDURES FOR CONFIRMATION OF PARTIAL AND FULL COMPLETION OF PLANS AND SUPPLEMENTARY PLANS

Article 16. Documents for Requesting Confirmation of Partial Completion of Plans and Supplementary Plans

1. After completing partial contents of environmental restoration according to approved plans or supplementary plans, organizations and individuals shall establish and submit documents to the competent authority specified in Clause 2, Article 9 of Decree No. 19/2015/NĐ-CP for inspection and confirmation of completion.

2. Documents for requesting confirmation of partial completion of plans and supplementary plans include:

a) A request letter according to the model prescribed in Appendix 14 issued together with this Circular;

b) Seven (seven) Reports on Partial Completion of Plans and Supplementary Plans according to the model prescribed in Appendix 15 issued together with this Circular.

Article 17. Inspection and Confirmation of Partial Completion of Plans and Supplementary Plans

1. The maximum period for confirming partial completion of plans and supplementary plans is 40 (forty) working days from the date the confirming authority receives complete and valid documents.

2. Procedure for Inspection and Confirmation:

a) Within no more than 10 (ten) working days from the date of receiving documents, the confirming authority shall establish an inspection team. The composition of the inspection team includes representatives of the confirming authority, representatives of the mineral exploitation licensing authority, environmental experts, mineral experts, and related field experts; representatives of local environmental management authorities, and environmental protection funds where organizations and individuals have deposited. If necessary, the confirming authority may invite quality control units of construction works and environmental quality, and other relevant units to join the inspection team. The decision to establish the inspection team is made according to the model prescribed in Appendix 16 issued together with this Circular. In cases where the documents are incomplete or invalid, the confirming authority shall notify organizations and individuals in writing to supplement and perfect the documents;

b) Within no more than 10 (ten) working days from the date of establishing the inspection team, the confirming authority shall conduct on-site inspections; the results of the on-site inspections are recorded in an inspection report according to the model prescribed in Appendix 17 issued together with this Circular. The confirming authority may hire competent agencies to measure and take samples to verify information and data in the reports;

c) Within no more than 20 (twenty) working days from the end of the inspection, the confirming authority shall issue a Certificate of Partial Completion of Plans and Supplementary Plans according to the model prescribed in Appendix 18 issued together with this Circular;

d) If necessary, the confirming authority shall seek written opinions from the mineral exploitation licensing authority regarding the reserves of minerals within the area that has been restored. The time taken to seek opinions does not count towards the time for confirming partial completion of plans and supplementary plans;

đ) In cases where the quality and quantity of items or works that have been restored do not comply with the approved plans or supplementary plans, the confirming authority shall notify in writing the issues that need to be addressed for organizations and individuals to rectify and complete.

3. The results of confirmation shall be delivered directly at the confirming authority or through postal service.

4. In cases where organizations and individuals exploiting minerals request to return part of the exploited area, the procedures and processes for inspecting and confirming partial completion shall be carried out according to the procedures and processes for approving and accepting closure project plans of mines as stipulated by the Ministry of Natural Resources and Environment. During the acceptance process of partial mine closure projects, there must be participation and written opinions from the competent authority reviewing the plans. The decision to partially close the mine replaces the certificate of partial completion of plans and supplementary plans.

Article 18. Content of inspection and principles of operation of the inspection team

1. Inspection content:

a) Inspect each content and item of the completed environmental restoration and recovery project compared to the reports and files submitted by organizations and individuals;

b) Inspect the quantity, quality, maintenance results of environmental restoration and recovery items against the commitments made in the plan, supplementary plan, operational design documents, applicable standards and regulations.

2. The inspection team operates based on the principle of open discussion among members and between members and representatives of organizations and individuals during meetings and throughout the inspection process.

3. The inspection team shall only conduct on-site inspections of environmental restoration and recovery projects when the following conditions are met:

a) Participation of at least two-thirds (two-thirds) of the number of inspection team members as decided by the confirming authority, including the Team Leader (or Deputy Team Leader in the absence of the Team Leader);

b) Participation of authorized representatives of organizations and individuals;

c) Organizations and individuals have paid the inspection fee and confirmed completion of the plan and supplementary plan according to the provisions of the law.

Article 19. Responsibilities and authorities of members of the inspection team

1. Responsibilities and authorities of members of the inspection team:

a) Study the application files for confirmation of partial completion of the plan and supplementary plan;

b) Participate in meetings and on-site inspection activities of the inspection team;

c) Directly exchange with organizations and individuals about environmental restoration and recovery items and projects during on-site inspections;

d) Write comments and evaluations on the implementation of environmental restoration and recovery items and projects according to the model specified in Appendix 19 issued together with this Circular and submit to the Team Leader; bear legal responsibility for their comments and evaluations;

đ) Manage provided documents in accordance with the law and return them upon request of the inspection authority after completing the task;

e) Receive remuneration according to current laws during on-site inspections.

2. In addition to the responsibilities and authorities stipulated in Clause 1 of this Article, the Team Leader has additional responsibilities:

a) Overall responsibility for the activities of the inspection team;

b) Assign tasks to inspection team members;

c) Chair and manage meetings of the inspection team;

d) Chair the handling of suggestions from inspection team members, organizations and individuals, and related representatives during on-site inspections and issue conclusions.

Article 20. Confirmation of full completion of the plan and supplementary plan

1. The confirmation of full completion of the plan and supplementary plan is carried out according to Clause 3 of Article 9 of Decree No. 19/2015/NĐ-CP.

2. The agency responsible for reviewing the mine closure proposal shall take the lead, coordinate, and seek written opinions from the agency reviewing the plan regarding the content of the confirmation of full completion of the plan and supplementary plan during the review process, submission for approval, and acceptance of the mine closure project results.

3. The procedures and formalities for confirming full completion of the plan and supplementary plan shall be carried out according to the procedures and formalities for approving and accepting the mine closure project as prescribed by the Ministry of Natural Resources and Environment.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. Organization of Implementation

1. The General Department of Environment is the agency responsible for reviewing and submitting the plan and supplementary plan to the Ministry of Natural Resources and Environment for approval; organizing inspections and confirmation of partial completion of the plan and supplementary plan within the scope of inspection and confirmation by the Ministry of Natural Resources and Environment.

2. The Department of Natural Resources and Environment is the agency responsible for reviewing and submitting the plan and supplementary plan to the People's Committee of the province for approval; organizing inspections and confirmation of partial completion of the plan and supplementary plan within the scope of inspection and confirmation by the People's Committee of the province.

3. The People's Committee of the province shall report to the Ministry of Natural Resources and Environment on the implementation of environmental restoration and recovery and environmental restoration and recovery guarantee deposits before December 31 of each year according to the model specified in Appendix 20 issued together with this Circular. The Department of Natural Resources and Environment shall be responsible for reviewing, inspecting, urging organizations and individuals in its jurisdiction to implement environmental restoration and recovery and environmental restoration and recovery guarantee deposits as required; updating the database on environmental restoration and recovery in mineral extraction on the website: http://www.caithienmoitruong.vea.gov.vn.

Article 22. Effectiveness and Responsibility for Implementation

1. This Circular shall take effect from August 17, 2015, and replace Circular No. 34/2009/TT-BTNMT dated December 31, 2009, issued by the Minister of Natural Resources and Environment on the establishment, approval, inspection, confirmation of environmental remediation projects, and environmental restoration guarantees for mineral extraction activities.

2. The Environmental Protection Agency, provincial People's Committees, Departments of Natural Resources and Environment, environmental protection funds, organizations and individuals involved in mineral extraction, and other related entities shall be responsible for implementing this Circular. The Environmental Protection Agency shall provide guidance, inspect, and monitor the implementation of this Circular.

3. During the implementation of this Circular, if any difficulties or obstacles arise, they should be promptly reported to the Ministry of Natural Resources and Environment for study, amendment, and supplementation to ensure appropriateness./.