| THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 34/2009/TT-BTNMT | Hanoi, December 31, 2009 |
CIRCULAR
PROVIDING FOR THE FORMULATION, APPROVAL, EXAMINATION AND CERTIFICATION OF ENVIRONMENTAL REHABILITATION AND RESTORATION PROJECTS AND MAKING OF DEPOSITS FOR ENVIRONMENTAL REHABILITATION AND RESTORATION FOR MINING ACTIVITIES
THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the March 20, 1996 Law on Minerals, and the June 14, 2005 Law Amending and Supplementing a Number of Articles of the Law on Minerals;
Pursuant to the Government's Decree No. 80/ 2006/ND-CP of August 9, 2006, detailing and guiding a number of articles of the Law on Environmental Protection;
Pursuant to the Government's Decree No. 21/ 2008/ND-CP of February 28, 2008, amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding a number of articles of the Law on Environmental Protection;
Pursuant to the Government's Decree No. 25/ 2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to the Prime Minister's Decision No. 71/2008/QD-Trg of May 29, 2008, on making of deposits for environmental rehabilitation and restoration for mining activities;
At the proposal of the General Director of the Vietnam Environment Administration and the Director of the Department of Legal Affairs.
STIPULATES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular details a number of provisions of the Prime Minister's Decision No. 71/2008/ QD-TTg of May 29.2008. on making of deposits for environmental rehabilitation and restoration for mining activities (below referred to as Decision No. 71/2008/QD-TTg), concerning the formulation, appraisal, approval, examination and certification of environmental rehabilitation and restoration projects/additional environmental rehabilitation and restoration projects; the depositing order and procedures, and management and use of deposits for environmental rehabilitation and restoration in mining activities.
Article 2. Subjects of application
This Circular applies to state management agencies; domestic and foreign mining organizations and individuals (below collectively referred to as organizations and individuals) and other concerned organizations and individuals.
Chapter II
FORMULATION, APPRAISAL AND APPROVAL OF ENVIRONMENTAL REHABILITATION AND RESTORATION PROJECTS/ADDITIONAL ENVIRONMENTAL REHABILITATION AND RESTORATION PROJECTS
Section I. FORMULATION, APPRAISAL AND APPROVAL OF ENVIRONMENTAL REHABILITATION AND RESTORATION PROJECTS
Article 3. Formulation of environmental rehabilitation and restoration projects
1. The following organizations and individuals are required to formulate environmental rehabilitation and restoration projects:
a/ Organizations and individuals having new investment projects to exploit minerals or investment projects to increase the mining capacity, expand mining areas or increase the mining depth;
b/ Mining organizations and individuals that possess approved/certified environmental impact assessment reports/environmental protection commitments/environmental standard satisfaction registrations/environmental protection schemes but do not yet possess approved environmental rehabilitation and restoration projects or pay deposits for environmental rehabilitation and restoration;
c/ Mining organizations and individuals that do not yet possess approved/certified environmental protection schemes or pay deposits for environmental rehabilitation and restoration.
2. An environmental rehabilitation and restoration project must have a structure and details meeting the requirements specified in Appendix 1 to this Circular.
3. Bases for determining deposits and methods of calculating expenses for environmental rehabilitation and restoration are specified in Articles 7 and 8 of Decision No. 71/2008/QD-TTg and Appendix 2 to this Circular.
4. If incapable of formulating by themselves environmental rehabilitation and restoration projects, organizations and individuals defined in Clause 1 of this Article may hire consultancy service providers to formulate such projects. A consultancy service provider must be a lawfully established one that satisfies the following conditions:
a/ Being staffed with technicians trained in environment or mining discipline;
b/ Having physical-technical foundations, means, machinery and equipment up to quality standards meeting the requirements of formulation of environmental rehabilitation and restoration projects.
Article 4. Submission of dossiers of request for appraisal and approval of environmental rehabilitation and restoration projects
1. Organizations and individuals requesting appraisal and approval of environmental rehabilitation and restoration projects shall submit dossiers to competent agencies defined in Clause 4, Article 2 of Decision No. 71/2008/ QD-TTg for appraisal and approval. Agencies competent to approve environmental impact assessment reports, environmental protection commitments or environmental protection schemes are defined in the Government's Decree No. 80/2006/ND-CP of August 9.2006. detailing and guiding a number of articles of the Law on Environmental Protection (below referred to as Decree No. 80/2006/ND-CP); the Government's Decree No. 21/2008/ND-CP of February 28, 2008, amending and supplementing a number of articles of Decree No. 80/2006/ND-CP; and the Natural Resources and Environment Ministry's Circular No. 04/2008/TT-BTNMT of September 18, 2008, guiding the formulation and approval or certification of environmental protection schemes and the examination and inspection of implementation of environmental protection schemes.
2. A dossier of request for appraisal and approval of an environmental rehabilitation and restoration project is specified as follows:
a/ Organizations and individuals defined at Point a, Clause 1, Article 3 of this Circular are not required to make separate dossiers but are only required to submit environmental rehabilitation and restoration projects enclosed with dossiers of request for appraisal and approval/certification of environmental impact assessment reports/environmental protection commitments. A written request for appraisal and approval/certification of an environmental impact assessment report/environmental protection commitment must additionally contain the request for appraisal and approval of an environmental rehabilitation and restoration project;
