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THE
MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
34/2009/TT-BTNMT
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Hanoi,
December 31, 2009
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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
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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;
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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;
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c/ Organizations and individuals
defined at Point c, 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
approval/certification of environmental protection schemes. A written request
for appraisal and approval/certification of an environmental protection scheme
must additionally contain the request for appraisal and approval of an
environmental rehabilitation and restoration project.
Article 5.
Contents of appraisal of environmental rehabilitation and restoration projects
The principal contents of
appraisal of an environmental rehabilitation and restoration project include:
1. Legal grounds for and the
conformity of the structure and details of the project;
2. The suitability of the
selected plan; the volume of environmental rehabilitation and restoration work,
the implementation schedule against the granted mining license, the approved
investment and mining design project; environmental protection and labor safety
requirements during the project implementation and the project's conformity
with the local land use planning:
3. Bases for calculating
environmental rehabilitation and restoration funds; the accuracy and
completeness of fund estimates and the suitability of the method of depositing.
Article 6.
Appraisal of environmental rehabilitation and restoration projects
1. For organizations and
individuals defined at Point a. Clause 1. Article 3 of this Circular that have
investment projects on mining for which environmental impact assessment reports
are required, environmental rehabilitation and restoration projects and these
reports shall be appraised simultaneously. The minutes of meetings of the
Appraisal Council, written remarks on the environmental rehabilitation and
restoration project and evaluation opinions on the environmental rehabilitation
and restoration project shall be made according to the forms provided in
Appendices 4,5 and 6 to this Circular.
2. For organizations and
individuals defined at Point a. Clause 1, Article 3 of this Circular that have
investment projects on mining for which environmental protection commitments
are required, environmental rehabilitation and restoration projects shall be
appraised by competent agencies through summarizing written evaluation opinions
of the provincial-level Natural Resources and Environment Department, and the
Natural Resources and Environment: Industry and Trade; Finance-Planning; and
Agriculture and Rural Development Divisions under the People's Committee of the
district or town (below referred to as the district-level People's Committee)
and opinions of the commune-level People's Committee of the locality where the
mining project is implemented.
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a/ For environmental
rehabilitation and restoration projects falling within the approving competence
of ministries, ministerial-level agencies or government-attached agencies,
agencies witht approving competence shall appraise these projects. The contents
of appraisal comply with Article 5 of this Circular. When necessary, the agency
with approving competence may form a team to make examination visits to mining
areas. Such an examination team consists of representatives of the
provincial-level Natural Resources and Environment Department and the
district-level People's Committee of the locality where the mining project is
implemented. Examination results shall be presented in a record signed by
involved parties;
b/ For environmental
rehabilitation and restoration projects falling within the approving competence
of People's Committees of provinces or centrally run cities (below referred to
as provincial-level People's Committees) or provincial-level Natural Resources
and Environment Departments, agencies with approving competence shall appraise
these projects through summarizing evaluation opinions of the provincial-level
Natural Resources and Environment Department (except projects falling within
the approving competence of provincial-level Natural Resources and Environment
Departments) and the Industry and Trade: Construction: Finance; and Agriculture
and Rural Development Departments, and opinions of the district- and
commune-level People's Committees of locality where the mining project is
implemented. When necessary, the agency with approving competence may form a
team to make examination visits to mining areas. Examination results shall be
presented in a record signed by involved parties;
c/ For environmental
rehabilitation and restoration projects falling within the approving competence
of district-level People's Committees or Natural Resources and Environment
Divisions, agencies with approving competence shall appraise these projects
through summarizing written evaluation opinions of the provincial-level Natural
Resources and Environment Department, and the Natural Resources and Environment
Division (except projects falling within the approving competence of
district-level Natural Resources and Environment Divisions); Industry and
Trade; Construction; Finance-Planning; and Agriculture and Rural Development
Divisions under the district-level People's Committee, and opinions of the
commune-level People's Committee of the locality where the mining project is implemented.
4. For environmental
rehabilitation and restoration projects of organizations and individuals
defined at Point c, Clause 1, Article 3 of this Circular, agencies with
approving competence shall appraise these projects together with environmental
protection schemes. An environmental rehabilitation and restoration project
shall be appraised as follows:
a/ Environmental rehabilitation
and restoration projects for which environmental protection schemes equivalent
to environmental impact assessment reports are required shall be appraised
under Point b. Clause 3 of this Article:
b/ Environmental rehabilitation
and restoration projects for which environmental protection schemes equivalent
to environmental protection commitments are required shall be appraised under
Point c. Clause 3 of this Article
5. Written requests for opinions
of district-/ commune-level People's Committees and written replies to these
requests shall be made according to the forms provided in Appendices 7 and 8 to
this Circular.
6. Expenses for the appraisal of
environmental rehabilitation and restoration projects comply with current
regulations.
Article 7.
Re-appraisal of environmental rehabilitation and restoration projects
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2. For an environmental
rehabilitation and restoration project to be appraised under Clause I, Article
6 of this Circular which is subject to re-appraisal, the agency with approving
competence shall send requests for evaluation opinions of members of the former
Appraisal Council. When necessary, the agency with approving competence may set
up a new Appraisal Council.
3. For an environmental
rehabilitation and restoration project to be appraised under Clause 2,3 or 4,
Article 6 of this Circular which is subject to re-appraisal, it shall be
re-appraised as in the case of first-time appraisal.
4. Expenses for the re-appraisal
of environmental rehabilitation and restoration projects comply with current
regulations.
Article 8.
Time limit for appraising or reappraising environmental rehabilitation and
restoration projects
1. The time limit for appraising
or re-appraising environmental rehabilitation and restoration projects under
Clause 1. Article 6 of this Circular is similar to that for appraising
environmental impact assessment reports under Article 12 of Decree No. 80/2006/ND-CP,
and the Natural Resources and Environment Ministry's Circular No.
05/2008AT-BTNMT of December 8. 2008, guiding strategic environmental
assessment, environmental impact assessment and environmental protection
commitment.
2. The time limit for examination
and receipt and appraisal or re-appraisal of an environmental rehabilitation
and restoration project under Clauses 2, 3 and 4, Article 6 of this Circular is
specified as follows:
a/ Within 7 (seven) working days
after receiving a dossier, the agency with approving competence shall examine
its completeness and validity before issuing a receipt slip. If the dossier is
incomplete or invalid, the dossier-receiving agency shall notify such to the
submitting organization or individual for finalization of the project;
b/ Within 20 (twenty) working
days after receiving a complete and valid dossier, the agency with approving
competence shall appraise or re-appraise the project and notify in writing the
organization and individual of appraisal or re-appraisal results and
requirements for finalization of the project;
c/ Within 7 (seven) working days
after receiving a written request, the district- or commune-level People's
Committee shall give its written opinions on the project.
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Article 9.
Finalization of environmental rehabilitation and restoration projects
When receiving a notice from the
agency with approving competence on the results of appraisal or re-appraisal of
an environmental rehabilitation and restoration project, the organization or
individual shall finalize the project, append a seal on every two adjacent
pages, and send it together with written explanations about the modified and
supplemented details to the agency with approving competence, specifically as
follows:
1. For an environmental rehabilitation
and restoration project falling within the approving competence of the Ministry
of Natural Resources and Environment, 3 (three) copies together with 1 (one) CD
of the project documents must be sent to the Ministry of Natural Resources and
Environment: 1 (one) copy to the provincial-level People's Committee of the
locality where land is used by the project; and 1 (one) copy to the
provincial-level Natural Resources and Environment Department of the locality
where land is used by the project: for a project located in 2 (two) or more
provinces, the number of copies of the project documents equivalent to the
number of additional provinces is required; and 1 (one) copy to be kept by the
submitting organization or individual.
2. For an environmental rehabilitation
and restoration project falling within the approving competence of a ministry,
ministerial-level agency or government-attached agency, 3 (three) copies
together with 1 (one) CD of the project documents must be sent to the ministry
or ministerial-level or government-attached agency; 1 (one) copy to the
Ministry of Natural Resources and Environment; 1 (one) copy to the
provincial-level People's Committee of the locality where land is used by the
project; and 1 (one) copy to the provincial-level Natural Resources and
Environment Department of the locality where land is used by the project; for a
project located in 2 (two) or more provinces, the number of copies of the
project documents equivalent to the number of additional provinces is required;
and 1 (one) copy to be kept by the submitting organization or individual.
3. For an environmental
rehabilitation and restoration project falling within the approving competence
of the provincial-level People's Committee or Natural Resources and Environment
Department. 1 (one) copy together with 1 (one) CD of the project documents must
be sent to the provincial-level People's Committee; 1 (one) copy to the
Ministry of Natural Resources and Environment; and I (one) copy together with 1
(one) CD to the provincial-level Natural Resources and Environment Department;
I (one) copy to the district-level People's Committee of the locality of
project implementation; for a project located in 2 (two) or more districts, the
number of copies of the project documents equivalent to the number of
additional districts is required: and 1 (one) copy to be kept by the submitting
organization or individual.
4. For an environmental
rehabilitation and restoration project falling within the approving competence
of the district-level People's Committee or Natural Resources and Environment
Division, 1 (one) copy together with 1 (one) CD of the project documents must
be sent to the district-level People's Committee; 1 (one) copy to the
district-level Natural Resources and Environment Division; 1 (one) copy to the
provincial-level People's Committee: and 1 (one) copy to be kept by the
submitting organization or individual.
Article 10.
Approval of environmental rehabilitation and restoration projects
Environmental rehabilitation and
restoration projects shall be approved under decisions of heads of competent
agencies, specifically as follows:
1. For an environmental
rehabilitation and restoration project to be appraised together with an
environmental impact assessment report, the contents of appraisal of the report
and project shall be expressed in the same decision, which shall be made
according to the form provided in Appendix 9 to this Circular.
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Article 11.
Sending of approved dossiers of environmental rehabilitation and restoration
projects
1. Agencies with approving
competence shall send approved environmental rehabilitation and restoration
projects enclosed with approval decisions to concerned organizations,
individuals and agencies in accordance with Article 9 of this Circular.
2. The agency with approving
competence shall give certification on the back side of the additional page of
the front cover of each copy of environmental rehabilitation and restoration
project according to the form provided in Appendix 11 to this Circular.
Section 2.
FORMULATION, APPRAISAL AND APPROVAL OF ADDITIONAL ENVIRONMENTAL REHABILITATION
AND RESTORATION PROJECTS
Article 12.
Formulation of additional environmental rehabilitation and restoration projects
1. Organizations and individuals
that have the mining duration extended shall formulate additional environmental
rehabilitation and restoration projects.
2. Agencies approving
environmental rehabilitation and restoration projects are competent to approve
their additional environmental rehabilitation and restoration projects.
3. An additional environmental
rehabilitation and restoration project must have a structure and satisfy the
requirements specified in Appendix 12 to this Circular.
Article 13.
Appraisal and approval of additional environmental rehabilitation and
restoration projects
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a/ A written request for
appraisal, made according to the form provided in Appendix 13 to this Circular;
b/ 7 (seven) copies of the
additional environmental rehabilitation and restoration project;
c/ The environmental
rehabilitation and restoration project enclosed with the previous approval
decision.
2. The requirements on the
presentation, details, order and time for appraisal or reappraisal of an
additional environmental rehabilitation and restoration project are the same as
those for appraisal of the first environmental rehabilitation and restoration
project and the form of appraisal or re-appraisal is the same as specified in
Article 6 or 7 of this Circular.
3. Approval of an additional
environmental rehabilitation and restoration project shall be expressed in an
approval decision, which shall be made according to the form provided in
Appendix 14 to this Circular;
In case an additional
environmental rehabilitation and restoration project is approved together with
an additional environmental impact assessment report, the contents of approval
of the project and report shall be expressed in the same approval decision.
4. Expenses for appraisal of
additional environmental rehabilitation and restoration projects comply with
current regulations.
Chapter
III
DEPOSITING ORDER AND
PROCEDURES AND MANAGEMENT AND USE OF DEPOSITS
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The depositing order and procedures
comply with Articles 9 and 10 of Decision No. 71/2008/ QD-TTg.
A dossier of request for making
of deposits for environmental rehabilitation and restoration is specified as
follows:
1. A dossier of request for
depositing comprises:
a/ A written request for
depositing, made according to the form provided in Appendix 15 to this
Circular;
b/ 1 (one) copy of the
environmental rehabilitation and restoration or additional environmental
rehabilitation and restoration project enclosed with the approval decision.
2. After receiving deposits, the
Vietnam Environmental Protection Fund or local environmental protection funds
(below referred to as environmental protection funds) shall certify such
depositing for organizations and individuals according to the form provided in
Appendix 16 to this Circular.
3. Within 7 (seven) working days
from receiving deposits, environmental protection funds shall notify in writing
such to agencies competent to approve environmental rehabilitation and
restoration projects and environmental protection state management agencies in
localities.
Article 15.
Management and use of deposits
1. Deposits shall be managed and
used under Article 12 of Decision No. 71/2008/QD-TTg.
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3. Before November 30 every
year, ministries, ministerial-level agencies, government-attached agencies,
provincial-level People's Committees, environmental protection funds and
district-level People's Committees shall send reports made according to the
form provided in Appendix 17 to this Circular, specifically as follows:
a/ Ministries, ministerial-level
agencies, government-attached agencies and provincial-level People's Committees
shall send to the Ministry of Natural Resources and Environment reports on the
making of deposits and environmental rehabilitation and restoration by
organizations and individuals;
b/ The Vietnam Environmental
Protection Fund shall report to the Ministry of Natural Resources and
Environment while local environmental protection funds report to
provincial-level People's Committees on the remittance, refund or management of
deposits for environmental rehabilitation and restoration under regulations:
c/ District-level People's
Committees shall report to provincial-level People's Committees on the
depositing and environmental rehabilitation and restoration by organizations
and individuals.
Article 16.
Examination and certification of completion of environmental rehabilitation and
restoration contents
1. A dossier of request for
examination and certification of the completion of environmental rehabilitation
and restoration work is specified in Clause 1, Article 11 of Decision No. 71/2008/
QD-TTg. A report on the completion of environmental rehabilitation and
restoration work shall be made according to the form provided in Appendix 18 to
this Circular.
2. Heads of examination and
certification agencies shall issue decisions to form teams for examining the
work of environmental rehabilitation and restoration performed by organizations
and individuals. Such a decision shall be made according to the form provided
in Appendix 19 to this Circular. Examination results shall be made in records
according to the form provided in Appendix 20 to this Circular.
3. Contents of technical
inspection include inspection of the quality of environmental rehabilitation
and restoration works and environmental quality against technical standards
(endosmosis. subsidence, slide, erosion and durability of environmental
rehabilitation and restoration works, etc.) under regulations and satisfaction
of environmental rehabilitation and restoration requirements as committed in
approved environmental rehabilitation and restoration projects/additional
environmental rehabilitation and restoration projects.
4. Agencies with examination and
certification competence shall issue written certifications of the completion
of part or all of environmental rehabilitation and restoration contents to
eligible organizations and individuals under regulations. Such certification
shall be made according to the form provided in Appendix 21 to this Circular.
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IMPLEMENTATION PROVISIONS
Article 17.
Organization of implementation
1. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-, district-and commune-level People's Committees, directors of
environmental protection funds, mining organizations and individuals, and other
concerned organizations and individuals shall implement this Circular.
2. Directors of provincial-level
Natural Resources and Environment Departments shall direct, examine and urge
mining organizations and individuals in their localities in making deposits for
and conducting environmental rehabilitation and restoration under regulations.
3. The General Director of the
Vietnam Environment Administration shall direct the appraisal and re-appraisal
of environmental rehabilitation and restoration projects/additional
environmental rehabilitation and restoration projects falling within the
approving competence of the Ministry of Natural Resources and Environment; and
guide, examine, monitor and urge the implementation of this Circular.
4. Mining organizations and
individuals that already possess environmental impact assessment
reports/environmental protection commitments/environmental standard
satisfaction registrations/environmental protection schemes approved/certified
before the effective date of Decision No. 71/2008/QD-TTg (June 26, 2008) and
have made deposits for environmental rehabilitation and restoration are not
required to formulate environmental rehabilitation and restoration projects but
shall comply with regulations on making of deposits for and environmental
rehabilitation and restoration under Decision No. 71/2008/QD-TTg and this
Circular.
Article 18.
Effect
This Circular takes effect on
February 15, 2010.
Any problems arising in the course
of implementation of this Circular should be promptly reported to the Ministry
of Natural Resources and Environment for consideration and settlement.
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FOR
THE MINISTER OF
NATURAL RESOURCES AND ENVIRONMENT
DEPUTY MINISTER
Nguyen Xuan Cuong
APPENDIX 1
STRUCTURE AND REQUIREMENTS ON CONTENTS OF
ENVIRONMENTAL REHABILITATION AND RESTORATION PROJECTS
(To Circular No. 34/2009/TT-BTNMT of December 31, 2009, of the Ministry of Natural
Resources and Environment, 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)
Part I
PROJECT EXPLANATIONS
INTRODUCTION
To summarize constituents,
origin of and necessity to formulate the environmental rehabilitation and
restoration project.
Chapter I
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1. General information
- Name of organization/individual:
- Contact address:
-Telephone:...
Fax:……………..
- Business registration
certificate (or investment certificate).
- Form of project investment and
management. To explain the form of investment, capital sources and selection of
the form of project management. In case of hiring a project management
consultancy organization, to provide information on the address and legal
status of this organization.
2. Grounds for project
formulation
Legal grounds: Decision No.
71/2008/QD-TTg: Circular No. 34/2009HT-BTNMT; mining license, decision
approving the feasibility study report/investment project, basic design
appraisal results, documents approving branch plannings, construction plannings
and plannings on the use of land in the project implementation area, decision
approving the environmental impact assessment report or written certification
of the environmental protection commitment (if any), and other relevant documents;
unit prices and economic norms applicable in the project formulation.
Basic documents: approved
investment project to build mining works and appraised basic design or
feasibility study report; approved/ certified environmental impact assessment report
or environmental protection commitment (if any); environmental observation
documents.
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3. Geographical location
To clearly describe the
geographical location, coordinates and boundary of the project implementation
place; natural conditions, roads; rivers and streams; topographical
characteristics, socio-economic conditions and surroundings of the mining area.
4. Project objectives
a/ General objectives: To set
the project's general objectives of rehabilitating and restoring the
environment in the following directions:
- Rehabilitating and restoring
the environment so as to restore the original state of the environment and
eco-systems.
- Rehabilitating and restoring
the environment so as to restore the environment and eco-systems to a state
similar to the original state.
- Rehabilitating and restoring
the environment in the project area to satisfy environmental protection
requirements and serve purposes beneficial to humans.
In addition to the above
objectives, there are also other feasible objectives. For selected objectives,
to clearly present practical bases for achievement.
b/ Specific objectives: To set
specific objectives on jobs and job volumes to be completed each year, each
period and at the end of the project implementation duration (depending on the
volumes of environmental rehabilitation and restoration work of the entire mine
or each mining area and the organization's or individual's request for
competent agencies' inspection and certification of the completion of part or
all of environmental rehabilitation and restoration contents).
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CHARACTERISTICS OF
MINING ACTIVITIES
1. General information on the
mining area
- To indicate topographical and
geomorphologic characteristics of the mining area; geological and engineering
geological conditions, petrographical and mineral components, mineral
distribution characteristics.
- To provide general information
on the mine: mining schedule and volumes in each year and the whole mining
duration, reserves and life of the mine, working regulations.
- Current situation and status
of mining, remaining mineral reserves, remaining mining duration.
2. Mining methods
To introduce mining methods and
procedures, and technologies used in mining; mining order and systems and
parameters of mining systems; transportation inside and outside the mine; the
situation of electricity and water supply and water drainage within the mine,
spoil discharge; construction of works serving mining, and total mining ground.
3. Environmental status
- To indicate the status of
geological structure and groundwater level in the mining area and places of
environmental rehabilitation and restoration. To assess and forecast the
possibility of subsidence, slide, geological faults, lowering of groundwater,
surface, river/lake water levels; and environmental incidents in the course of
mining and environmental rehabilitation and restoration.
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4. Environmental impacts
To provide general information
on mining activities' impacts on the environment, such as impacts on terrain,
surface and ground water environments; impacts or, the flora and fauna; impacts
on the air environment; wastes; and impacts on economic activities in the area.
To indicate possible changes in topography, land, eco-systems, rivers or
streams at the end of the mining process.
To assess risks and forecast
adverse impacts on the environment, and possible environmental incidents.
Chapter
III
ENVIRONMENTAL
REHABILITATION AND RESTORATION PLANS
1. Selection of environmental
rehabilitation and restoration plans
- Based on practical conditions
of each type of mining, and the mining process' impacts on the surrounding
environment and communities; based on the geological formation, mineral
components and quality of the environment in the area of project
implementation, the organization or individual shall formulate feasible
environmental rehabilitation and restoration plans. Such a plan must satisfy
the requirements specified in Appendix 1 to Decision No. 71/2008/QD-TTg; and
environmental rehabilitation and restoration work must not cause environmental
incidents or affect human health and must comply with other regulations.
- To briefly describe each plan;
works and volumes of environmental rehabilitation and restoration. For each
plan, to make a map of restoration of the exploited space and indicate
environmental rehabilitation and restoration works.
- To assess environmental
impacts, sustainability and safety of environmental rehabilitation and
restoration works under each plan (e.g.. subsidence, slide, permeation
prevention, lowering of groundwater levels, fissure, environmental incidents,
etc.).
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Of which:
+ Gm: value of land
after recovery, which is forecast at the market price at the time of calculation;
+ Gp: total expenses
for land recovery to achieve use purposes;
+ Gc: original value
of land before mine opening at the time of calculation (based on unit prices
set by the State);
After evaluating and comparing
the above data, to select the optimal environmental rehabilitation and
restoration plan.
2. Environmental rehabilitation
and restoration contents
Based on the selected
environmental rehabilitation and restoration plan, to work out contents and
measures for implementation, specifically:
- Designing and calculating job
volumes of major works for environmental rehabilitation and restoration under
the guidance in Appendix 2 to Decision No. 71/2008/QD-TTg, and this Circular.
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- Designing works to reduce
adverse impacts and prevent and respond to environmental incidents in each
phase in the process of environmental rehabilitation and restoration.
- Listing environmental
rehabilitation and restoration works; job volumes to be performed in each phase
and the entire process of environmental rehabilitation and restoration.
- Listing equipment, machinery,
raw materials and materials, land areas and trees used in each phase and the
entire process of environmental rehabilitation and restoration.
- Working out plans for incident
prevention and response in the process of environmental rehabilitation and
restoration.
Technical norms for designing
and building environmental rehabilitation and restoration works are based on
feasibility study reports or basic designs on mining or environmental impact
assessment reports.
Chapter IV
ENVIRONMENTAL MANAGEMENT
AND MONITORING
1. Management program
To display the diagram of
environmental rehabilitation and restoration management.
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2. Environmental monitoring
program
To work out a program to monitor
wastes and environmental quality in the process of environmental rehabilitation
and restoration:
2.1. Waste monitoring: To
monitor at least twice a year the flow/total volume of wastes and their typical
pollution parameters in the process of environmental rehabilitation and
restoration according to Vietnam's current standards and regulations. Places of
monitoring must be shown in a diagram with notes and coordinates under current
regulations.
For environmental rehabilitation
and restoration works discharging wastewater and gas emissions and involving
potential danger of environmental pollution, to encourage the construction and
installation of equipment for flow measurement and constant observation of
typical pollution parameters in wastes.
2.2. Environmental monitoring:
To monitor typical pollution parameters according to Vietnam's current
standards and regulations. If there are no state agencies' monitoring stations
or points in environmental rehabilitation and restoration areas, environmental
monitoring shall be conducted at least twice a year. Places of monitoring must
be shown in a diagram with notes and coordinates under current regulations.
2.3. Other types of monitoring:
To monitor at least once a year in environmental rehabilitation and restoration
areas such indicators as soil endosmosis, erosion, slide, subsidence;
landslides in river, stream and lake banks and coasts; alluvial deposit in
river, stream and lake beds and sea bottom; changes in surface and ground water
levels; salt and alum infiltration (depending on characteristics of each
environmental rehabilitation and restoration project).
In the process of mining,
environmental monitoring results in approved environmental impact assessment
reports/environmental protection commitments/environmental protection schemes
may also be used.
Chapter V
ESTIMATES OF
ENVIRONMENTAL REHABILITATION AND RESTORATION EXPENSES
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- Bases for estimation: latest
expense norms and unit prices set by localities or ministries or branches in
case localities have not yet set these norms and unit prices.
- Estimate details: To be based
on practical conditions, volumes and specific jobs of environmental
rehabilitation and restoration work; and pursuant to the guidance in Appendices
1 and 2 to Decision No. 71/2008/QD-TTg, and Appendix 2 to this Circular.
- Making a general list of
expenses, covering those for environmental rehabilitation and restoration
works; volumes; and unit price of each work item in each phase, and total
expenses for environmental rehabilitation and restoration.
2. Calculation of deposits and
time of depositing: Deposits and first-time and subsequent times of depositing
are specified in Articles 8 and 9 of Decision No. 71/2008/QD-TTg, and this Circular.
3. Deposit recipients:
Organizations and individuals may select recipients of deposits for
environmental rehabilitation and restoration (local environmental protection
funds or the Vietnam Environmental Protection Fund).
Chapter
VI
IMPLEMENTATION
COMMITMENTS AND CONCLUSIONS
1. Commitments of organizations
and individuals
The organization's and
individual's commitments to pay deposits for environmental rehabilitation and
restoration; implement environmental rehabilitation and restoration plans: realize
commitments to the community; and observe regulations on environmental
rehabilitation and restoration and environmental protection involved in the
project phases, specifically:
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- Commitments to make deposits
for environmental rehabilitation and restoration to environmental protection
funds as indicated in the project;
- Commitment to allocate funds
for implementation;
- Commitments to apply and
complete environmental rehabilitation and restoration measures;
- Commitments to realize
environmental incident prevention and response plans and to compensate for and
handle environmental pollution in case of environmental incidents;
- Commitment to comply with
reporting and inspection regulations;
- Commitment to make reports on
implementation results of the environmental rehabilitation and restoration
project/additional environmental rehabilitation and restoration project and
results of the environmental monitoring program and send these reports to the
agency approving the environmental rehabilitation and restoration project and
local environmental protection state management agencies under regulations.
2. Conclusions
To make conclusions and evaluate
the project's socio-economic impacts; and the reasonability of the amount of
environmental rehabilitation and restoration deposits.
Part II
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1. Drawings:
No.
Drawings
1
Map of the location of the mining
area (on a 1:5,000 or 1:10,000 scale)
2
Topographic map with (or
without) open seams of the mine area (on a 1:1,000 or 1:2,000 scale)
3
Map of completion of each
phase of mining
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Map of the mine's general plan
(on a 1:2,000 or 1:5,000 scale), displaying all work items and technical
networks
5
Map of completion of mining
(on a 1:2,000 or 1:5,000 scale)
6
Map of the mine status'
general plan (on a 1:2,000 or 1:5,000 scale), displaying all work items and
technical networks
7
Map of the location of the
environmental rehabilitation and restoration area (on a 1:5,000 or 1:10,000
scale)
8
Map of environmental
rehabilitation and restoration in each phase and year
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Map of restoration of the exploited
space (on a 1:1,000 or 1:2,000 scale)
10
Detailed design drawings of
environmental rehabilitation and restoration works
11
Plan on locations of
environmental observation and monitoring works
2. Related dossiers and
documents:
- Copies of the approval
decision/written certification of environmental impact assessment
report/environmental protection commitment/ environmental protection scheme;
and of the mining license (if any);
- Copies of the decision
approving the investment project on mining, of the notice on appraisal of basic
designs, or equivalent documents:
- Land allocation decision and
land rent contract;
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- Unit prices applied in
calculating environmental rehabilitation and restoration funds; unit prices and
expense norms applied by relevant ministries and branches; and land use
planning map (if any).’
APPENDIX 2
ESTIMATES OF ENVIRONMENTAL REHABILITATION AND
RESTORATION EXPENSES
(To Circular No. 34/2009/TT-BTNMT of December 31, 2009, of the Ministry of
Natural Resources and Environment, 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)
Based on practical conditions of
each type of mining and each environmental rehabilitation and restoration work
as indicated in environmental rehabilitation and restoration
projects/additional environmental rehabilitation and restoration projects, to
estimate environmental rehabilitation and restoration expenses. Some of these
expenses are specified below:
A. Environmental
rehabilitation and restoration expenses
1. For
open-cast mines not at the risk of generating acid drainage:
Expenses for environmental
rehabilitation and restoration for open-cast mines:
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* Mcp : total expense
for environmental rehabilitation and restoration;
* Ckt: expense for environmental
rehabilitation and restoration in mining pits;
* Cbt: expense for
environmental rehabilitation and restoration in spoil dumping sites;
* Cqd: expense for
environmental rehabilitation and restoration in tailings dumping sites;
* Ctd: environmental
rehabilitation and restoration expense for dismantlement of industrial and
civil works;
* Cbs: additional
expense for environmental rehabilitation and restoration (i.e., expense for the
achievement of the project objectives, which shall be calculated on the basis
of volumes of additional works).
1.1. Expense for environmental
rehabilitation and restoration in mining pits (Ck[):
a/ For mining pits deep in the
natural ground planned to be filled up
This expense may be calculated according
to the following formula:
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* Cd: expense for purchasing
soil to fill up the mining pits Cd = Q.cd
Q=1.1 Vm
- 1.1: coefficient taking into
account the soil-ramming degree;
- Q: volume of soil for filling
up the mining pits (m3);
- Vm: volume of the
mining pits (m3);
- Cd: expense for
soil for fill-up and leveling (VND/m3);
- Cv : expense for
transporting soil to the mining pits Cv = Q.cv;
- Q: volume of soil for leveling
and filling up the mining pits (m3);
- Cv: expense for
transporting soil to the mining pits (VND/m3).
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- Q: volume of soil for leveling
and filling up the mining pits (m3);
- k: coefficient for the
to-be-leveled volume of work (%);
- Cs: unit price for
leveling (VND/m3).
*Cc : expense for
vegetation covering 
- S: area to be covered with
vegetation (m2);
- k: number of tree-planting
holes per m2 (hole/m2);
- ch: remuneration
for digging a hole (VND/ hole);
- cc: expense for
purchasing and planting saplings (VND/hole);
- cp: expense for
fertilizer per hole (VND/ hole);
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- cd: expense for
rich soil per hole (VND/ hole).
b/ For mining pits deep in the
natural ground
Environmental rehabilitation and
restoration expenses shall be calculated according to the following formula:
* Cqm: expense for
leveling around the mining pits Cqm = S.cs (VND)
- S: area to be leveled
(m2);
- cs: expense for leveling
1 m2 of soil around the mining pits (VND/m2).
* Cbm: expense for
reinforcing banks of the mining pits Cbm = cm.S/cos (VND)
- S: area determined on the plan
of the to-be-reinforced banks (m2);
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- Cm: expense for
reinforcing 1 m2 of the pit banks (VND/m2).
* Cr: expense for
placing fences and signboards (VND).
* Ccx: expense for
planting trees around the mining pits (VND)
- S: area to be covered with
vegetation (m2);
- k: number of tree-planting
holes per m2 (hole/m2);
- ch: remuneration
for digging a hole (VND/ hole);
- cc: expense for
tree planting (VND/hole);
- cp: expense for
fertilizer per hole (VND/ hole);
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- cd: expense for
rich soil (or for reserving surface soil) per hole (VND/hole);
Cm: expense for
forming the water drainage system for mine holes
Cm
=l.cm (VND)
- l: length of the water
drainage system (m);
- cm: expense for
forming the water drainage system for mine holes (VND/m).
c/ For mines with mining pits
other than mine holes
In case the open-cast mining
site has no mine holes, environmental rehabilitation and restoration expenses
include the expense for leveling the ground for vegetation covering or change
of land use purpose. The expense for environmental rehabilitation and
restoration in the mining site shall be calculated as follows:
Ckt
= Cs + Ccd + Cc
* Cs: expense for
ground leveling Cs = S.cs
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- cs: expense for
leveling 1 m2of soil around the mining pits (VND/m2).
*Ccd: expense for
soil rehabilitation Ccd = S.d. (cd + cv + cs)
- S: mining area to be
rehabilitated (m2);
- d: thickness of the rich soil
layer required, which must be at least 0.3 m (m);
- cd: unit price of 1
m3 of rich soil (if rich soil is taken from the surface soil layer stripped upon
mine opening and kept for environmental restoration, cd is the
expense for keeping surface soil) (VND/m3);
- cv: expense for
transporting rich soil to the mining site (VND/m3);
- cs: expense for leveling
rich soil to rehabilitate the surface soil of the mining site (VND/m3).
* Cc: expense for
vegetation covering Cc = S.k. [cd + ch + cc
+ cp + cb]
- S: area to be covered with
vegetation (m2);
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- ch: remuneration
for digging a hole (VND/ hole);
- cc: expense for
tree planting per hole (VND/ hole);
- cp: expense for
fertilizer per hole (VND/ hole);
- cb: expense for
tending saplings during the first 3 years and planting trees in replacement of
dead ones (VND/hole);
- cd: expense for
rich soil per hole (VND/ hole).
In case the open-cast mining
site is on a high mountain with deep mining pits difficult to fill up for
restoring the original ground and impossible to create a reservoir, the expense
for environmental rehabilitation and restoration in the mining pits shall be
calculated as follows:
Kkt
= Cqm + Cbm + Ccx
* Cqm: expense for
leveling the ground around the mining pits Cqm = S.cs
(VND)
- S: area to be leveled (m2);
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* Cbm: expense for
reinforcing the mining pits' banks Cbm = cm . St/cos
(VND)
- S.: area on the plan of the
mining pits to be reinforced (m2);
- ~: angle of slope of the banks
(degree);
- Cm: unit price for
reinforcing 1 m2 of the banks (VND/m2).
*Ccx: expense for
planting trees around and on the bottom of mining pits and growing grass on the
talus of the banks of mining pits (VND)
Ccx
= (S + Sd).k.(cd + ch + cc + cp
+ cb) + cct.St/cos
- S: area to be covered with vegetation
on the layers on the mine banks (m2);
- Sd: area of the
bottom of the mining pits (m2);
- St: area on the
plan of the layer side and talus top (m2);
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- k: number of tree-planting
holes per m2 (hole/m2);
- ch: remuneration
for digging a hole (VND/ hole);
- cc: unit price for
planting saplings and trees (VND/hole):
- cp: expense for
fertilizer per hole (VND/ hole);
- cb: expense for tending
saplings during the first 3 years and planting trees in replacement of dead
ones (VND/hole);
- cd: expense for
rich soil per hole (VND/ hole).
1.2. Expense for environmental
rehabilitation and restoration in spoil dumping sites (Cbt)
a/ For the plan on prompt
environmental restoration, to level the ground and cover it with rich soil and
plant trees right after dumping. In this case, the environmental restoration
expense shall be calculated according to the following formula:
Cbt
= Cct+Ctc+Cmt
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- S: total area of layers of the
spoil dumping site (m2);
- k: number of tree-planting
holes per m2 (hole/m2);
- cd: expense for rich soil per
hole (VND/ hole).
*Ctc: expense for
planting trees on the whole surface of the spoil dumping site:
Ctc
=S.k.(ch+cc +cp +cb)
- S: total area of the site's
surface (m2);
- k: number of tree-planting
holes per m2 (hole/m2);
- ch: remuneration
for digging a hole (VND/ hole);
- cc: unit price for
purchasing and planting saplings (VND/hole);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- cb: expense for
tending saplings during the first 3 years and planting trees in replacement of
dead ones (VND/hole).
*Cmt : expense for
growing grass on the sides of the site's layers Cmt= Smt.Cco
- Smt: area of sides
of the site's layers (m2);
- Cco: expense for
growing grass (VND/m2).
b/ For the plan on environmental
rehabilitation and restoration in highly heaped dumping sites, the
rehabilitation covers leveling, layering, and making of a stable slope to
prevent subsidence, covering sites' layers and tops with soil surface and then
with vegetation. The environmental restoration expense shall be calculated
according to the following formula:
Cbt
= Csc+Cgc+Ctc+Cmt
*Csc : expense for
leveling and layering Csc= Qsc.cs (VND)
- Qsc: volume of
spoil to be leveled and layered (Qsc depends on each type and size
of dumping site, ensuring a reserve stability coefficient for the dumping
site's sides) (m3);
- cs: expense for leveling
and layering per m3 of spoil (VND/m3).
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Cgc
= l.cm (VND)
- l: length of the water
drainage system for spoil layers (m);
- cm: expense for forming
the water drainage system (VND/m).
*Cct: expense for
soil rehabilitation Cct = S.k.cd
- S: total area of layers of the
site (m2);
- k: number of tree-planting
holes per m2(hole/ m2);
- cd: expense for
rich soil per hole (VND/ hole).
: Ctc: expense for
planting trees on the surface of the site:
Ctc
= S.k.(ch + cc + cp + cb)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- k: number of tree-planting
holes per m2;
- ch: remuneration
for digging a hole (VND/ hole);
- cc: expense for
saplings and tree planting (VND/hole);
- cp: expense for
fertilizer per hole (VND/ hole);
- cb: expense for
tending saplings during the first 3 years and planting trees in replacement of
dead ones (VND/hole).
*Cmt: expense for
growing grass on the sides of the sites layers Cmt= Smt.Cco
- Smt: area of the
sides of the site's layers (m2);
- Cco: expense for
grass growing (VND/m2).
1.3. Expense for environmental
rehabilitation and restoration in tailings dumping sites (Cqd)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Cqd
= Ctn + Csg + Cct + Ctc
* Ctn: expense for
forming the water drainage system (VND);
* Csg: expense for
leveling the surface (VND);
* Cct: expense for
soil rehabilitation (VND);
* Ctc: expense for
vegetation covering (VND).
b/ For fine tailings sites where
water drainage is difficult, rehabilitation and restoration expenses include
the expense for forming a safe tailings reservoir with embankments or fences
and warning signboards to prevent entry of humans and animals:
Cqd
= Cdb + Chr + Cbb
*Cdb: expense for
forming embankments, reinforcing dams and overflow gates to ensure safety for
rivers' lower sections (VND);
- Chr: expense for
building fences (VND);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1.4. Expense for dismantlement
of supporting works to restore the ground (Ctd)
This expense shall be calculated
according to the following formula: Ctd = S.ctd .
- S: area to be dismantled (m2);
- ctd: expense for
dismantlement (VND/m2).
2. For
open-cast mines at the risk of generating acid drainage
2.1. Expense for environmental
rehabilitation and restoration in mining pits (Ckt):
a/ For mining pits deep in the
natural ground planned to be filled up:
This expense may be calculated
according to the following formula:
Ckt
= Cd + Dv + Cs + Cct + Cc
+ Cbs
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Vm : volume of the
mining pits (m3);
- Cd: unit price of
soil for leveling and fill-up (VND/m3);
* Cv: expense for
transporting soil to the mining pits Cv = Q.cv (VND)
- Q: volume of soil for leveling
and filling up the mining pits Q = 1.1.Vm (m3);
- Cv: expense for
transporting soil to the mining pits (VND/m3).
*Cs: expense for leveling Cs
= Q.k.cs (VND)
- Q: volume of soil used for
leveling and filling up the mining pits (m3);
- k: coefficient for the
to-be-leveled volume of work, which is commonly 30-40%:
- Cs: unit price for
leveling 1 m3 of soil (VND/ m3).
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Cct=S.dds(cds
+cv +cg) + cl.
- S: area of the mining pit's
surface to be filled up (m2);
- dds: thickness of
the clay layer (m);
- cds: unit price of
1 m3 of clay (VND/m3);
- cv: unit price for
transporting 1 m3 of soil (VND/m3);
- cl: expense for rolling
and ramming 1 m2 of clay to reach an endosmosis of 1.10-6
(VND/m2);
- cg: unit price for
leveling 1 m3 of soil (VND/ m3).
* Cc: expense for
vegetation covering Cc = S. k.[cd. + ch. + cc
+ cp + cb]
- S: area to be covered with
vegetation (m2);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- ch: remuneration
for digging a hole (VND/ hole);
- cc: expense for
saplings and tree planting (VND/hole);
- cp: expense for
fertilizer per hole (VND/ hole);
- cb: expense for
tending saplings during the first 3 years and planting trees in replacement of
dead ones (VND/hole);
- cd: expense for
rich soil per hole (VND/ hole).
* Cbs: Environmental
rehabilitation and restoration expenses additionally arising upon project
implementation.
b/ For mining pits deep in the
natural ground planned to be retained
The expense for environmental
rehabilitation and restoration in the mining pits is similar to that applicable
to mines not at the risk of generating acid mine drainage (Section b. Part
1.1), plus the expense for treating acid water (Cxl).
Ckt
= Cqm + Cbm + Cr + Ccx + Cm
+ Cxl
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* Cbm: expense for
reinforcing banks of the mining pits (VND)
* Cr: expense for
placing fences and signboards (VND).
* Ccx: expense for
planting trees around the mining pits (VND)
* Cm: expense for
forming the water drainage system for mine holes (VND)
* CxI: expense for
treating acid water stagnated on the surface and bottom of the mining pits
before discharging water into the mining pits (VND).
c/ For mining pits other than
mine holes
The environmental rehabilitation
and restoration expense shall be calculated as follows:
Ckt
= Cs + Cct + Cc (VND)
*Cs: expense for
leveling the layer surface Cs = S.cs
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- cs: expense for
leveling 1 m2 of soil on the layer surface (VND/m2).
*Cct: expense for
forming a permeation-proof layer to prevent acid drainage and surface soil
layer for tree planting
Ckt
= S.[dds.(cds + cv + cg) + c1]
- S: area of the mining pits' surface
to be filled up (m2);
- dds: thickness of
the clay layer (m);
- cds: unit price of
1 m3 of clay (VND/ m3);
- cv: expense for
transporting 1 m3 of soil (VND/ m3);
- c1: unit price for
rolling and ramming 1 m2 of clay to reach an endosmosis of 1.10-6
(VND/m2).
*Cc; expense for
vegetation covering Cc = S.k.[cd + ch + cc
+ cp + cb]
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- k: number of tree-planting
holes per m2 (hole/m2);
- ch: remuneration
for digging a hole (VND/ hole);
- cc: unit price for
planting saplings and trees (VND/hole);
- cp: expense for
fertilizer per hole (VND/ hole);
- cb: expense for
tending saplings during the first 3 years and planting trees in replacement of
dead ones (VND/hole);
- cd: expense for
rich soil per hole (VND/ hole).
Note: The permeation-proof layer
aims to prevent sulfide spoil from contacting the air, so this layer may be
made of other permeation-proof materials, such as geotechnics fabrics, spoil
not generating acid (e.g., granite or calcium silicate) or alkali materials
which can neutralize acids. However, this part only deals with the
permeation-proof layer made of clay.
2.2. Expenses for environmental
rehabilitation and restoration in spoil dumping sites (Cbt)
Expenses for environmental
rehabilitation and restoration in spoil dumping sites are the same as those for
common spoil dumping sites. For sites of spoil containing sulfide minerals,
these expenses shall be added with the anti-permeation expense for walls,
bedding and surface of the sites as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
*Ctn: anti-permeation
expense for walls and bedding of the sites:
Ctn
=(Sn +St).[dds .(cds +cv
+cg) + cl]
- Sn: area of the
bedding of the sites (m2);
- St: area of the
walls of the sites (m2);
- dds: thickness of
the clay layer (m);
- cds: unit price of
1 m3 of clay (VND/m3);
- cv: unit price for
transporting 1 m3 of soil (VND/m3);
- cg: unit price for
leveling 1 m3 of soil (VND/ m3);
- cl: unit price for
rolling and ramming 1 m2 of clay to reach an endosmosis of 1.10-6
(VND/ m2).
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Cm
=S.[dds(cds. +cv +cg ) + c1]
- S: area of the surface of the
sites (m2);
- dds: thickness of
the clay layer (m);
- cds: unit price of
1 m3 of clay (VND/m3);
- cv: unit price for
transporting 1 m3 of soil (VND/m3);
- cl: unit price for
rolling and ramming 1 m2 of clay to reach a small endosmosis (VND/m2).
* Ctc: expense for
vegetation covering Ctc = S.k.[cd + ch + cc
+ cp + cb]
- S: area to be covered with
vegetation (m2);
- k: number of tree-planting
holes per m2 (hole/m2);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- cc: unit price for
planting saplings and trees (VND/hole);
- cp: expense for
fertilizer per hole (VND/ hole);
- cb: expense for
tending saplings during the first 3 years and planting trees in replacement of
dead ones (VND/hole);
- cd: expense for
rich soil per hole (VND/ hole).
2.3. Expense for environmental
rehabilitation and restoration in tailings dumping sites (C,)
a/ For highly stable tailings
dumping sites, after completing the mining (closing the sites), to dry and
cover the sites with a layer of permeation-proof materials or a spoil layer not
generating acid on the surface of the sites, which is a layer separating
sulfide tailings from oxidizing agents, then to cover them with surface soil
and vegetation. The expense for environmental restoration in tailings dumping
sites is similar to that for spoil dumping sites (Section 1.3).
Cqd=Ctn+Csg+Cct+Ctc.+Cxl
-*Ctn : expense for
forming the water drainage system and reinforcing the discharging dam or
spillway;
* Csg: expense for
leveling the surface;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
* Ctc: expense for
vegetation covering;
* Cxl: expense for the
system for collecting and treating acid water from the sites.
b/ For unstable tailings dumping
sites, they will be formed into submerged tailings reservoirs to prevent
sulfide tailings from contacting the air. In this case, environmental
restoration expenses are similar to those mentioned above (Section 1.3). but
exclude the expense for rehabilitating the surface of the sites because the
surface of tailings reservoirs is covered with a water layer of at least 0.3 m
thick.
Cqd
= Cdb + Chr + Cbb + Cxl
* Cdb: expense for
reinforcing embankments, dams and overflow gates to become permanent and ensure
safety for lower river sections;
* Chr: expense for
building fences;
* Cbb: expense for
placing warning signboards;
*Cxl: expense for the
system for collecting and treating acid water.
2.4. Expense for dismantlement
of supporting works to restore the ground (Ctd)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Note: For mines generating
hazardous wastes (e.g., spoil, tailings containing a high content of heavy
metals, radioactive substances, etc.), to restore the environment like for
mines at the risk of generating acid drainage.
3. For pit
mines
3.1. Expense for environmental
restoration in pits (Chl)
a/ The expense for environmental
rehabilitation and restoration in case of wholly filling up pits where mining
has finished shall be calculated as follows:
Chl
= Q.(cvl + cx + cv) + Cbs.
- Q: volume of materials used
for fill-up (m3);
- cvl: unit price of
1 m3 of materials (VND/ m3);
- cvl: expense for
technology to fill up with 1 m3 of materials (VND/m3);
- cv: unit price for
transporting 1 m3 of materials (VND/m3);
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b/ For pits for which, upon
finishing mining, the pit-collapsing method is applied, since the exploited
volume of tailings and spoil has been transported to other places, the surface
in the mining site will sink. The environmental rehabilitation and restoration
process covers the leveling of the ground appropriate for vegetation covering
(the environmental restoration expense is the same as that for open-cast
mines).
c/ For pits partially or not
filled up. it is still necessary to restore the environment upon finishing
mining. To fill up pit entrances/pit wells under regulations, and build fences
or walls to ensure safety for people and livestock. The environmental
restoration expense shall be calculated as follows:
Chl
= Cml + Cr + Cbs
-Cml,: expense for filling
up pit entrances (VND). When filling up pit entrances/pit wells, to use
reinforced concrete panels or steel panels for raising the filling layer above
the ground surface. To reinforce places around well mouths or pits with a hard
rock layer of around 1 m thick to avoid subsidence and bear an average load
caused by gravity or pressure of collapse or pit gas. To design appropriate
air-ventilation pipes for all layers filling up well mouths/pits;
- Cr: expense for
building fences or walls (VND):
- Cbs: additional
expense for environmental rehabilitation and restoration.
3.2. The expense for
environmental restoration in spoil and tailings dumping sites and civil and
industrial works shall be calculated similarly as that for open-cast mining.
4. For riverbed
sand, gravel and spread mineral exploitation:
Environmental rehabilitation and
restoration expenses (M ) for riverbed sand, gravel and spread mineral
exploitation include the expense for environmental rehabilitation and
restoration in areas used as warehouses and yards, makeshift roads and
landfills for daily-life wastes, and the expense for rehabilitation of
riverbeds, river banks and dike banks and dismantlement of supporting works.
The environmental rehabilitation and restoration expenses shall be calculated
according to the following formula:
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*Csg: expense for
leveling the ground, cleansing sand, gravel and spread minerals and restoring
the ground or cultivation land for the areas already used as riverside warehouses
and yards, makeshift roads linking sand warehouses or yards with roads: Csg
= S.cg
- S: area to be leveled (m2);
-cg: unit price per
m2 for leveling and cleansing (VND/m2).
*Csp: expense for
leveling and cleansing makeshift holes for burying daily-life wastes during the
mining process, and for rich soil for tree planting: Csp = S.d.(cd
+ cg + cv)
- S: area of holes (m2);
- d: thickness of the rich soil
layer for tree planting (m);
- cd: unit price of 1
m3 of rich soil (VND/ m3);
- cg: unit price for shoveling
and leveling soil (VND/m3);
- cv: unit price for
transporting 1 m3 of soil from source to holes (VND/m3).
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Q: volume of mud and sand
deposited in the mining process (m3);
- k: coefficient of the work
volume to be dredged (%);
- cnv: unit price for
dredging deposited mud and sand (VND/m3).
*Cxl: expense for
handling and rehabilitating riverbank or dike-bank landslides caused by
riverbed sand, gravel and spread mineral exploitation in the mining area: Cxl
= Q.k.cg + S.cgc
- Q: volume of mud and sand
discharged into the riverbed (m3);
- k: coefficient of the work
volume to be leveled in the riverbed (%);
- S: area of the riverbank or
dike bank to be reinforced (m2);
- cg: unit price for
leveling sand and pebbles in the riverbed (VND/m3);
- cgc: unit price for
reinforcing the riverbank or dike bank (VND/m2).
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- S: area to be dismantled (m2);
- ctd: unit price for
dismantlement (VND/m2).
*Cbs: additional
expense for environmental rehabilitation and restoration.
Notes:
- The unit prices are based on
work construction unit prices set by localities where environmental
rehabilitation and restoration projects are implemented.
- Coefficient for leveling and
dredging (k) depends on the characteristics of mines and mining technologies
applicable to each type.
- Unit prices of planted trees
and for transportation, tending and protection are based on unit prices set the
Ministry of Agriculture and Rural Development.
B. Expenses for
management of environmental rehabilitation and restoration projects
Project management expenses (Cql)
include expenses for project management jobs from the stage of preparation and
implementation to completion, certification and hand-over of projects to
localities.
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- kql: percentage
(%), which shall be determined based on the norm of project management expense
applicable to industrial works in the construction sector.
- Mcp: total
environmental rehabilitation and restoration expenses as determined in Part A.-
*Note: Except Appendices 1 and
2, other appendices mentioned in this Circular are not printed herein.-