Circular No. 34/2009/TT-BTNMT 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

Article 3, Formulation of environmental environmental rehabilitation and restoration rehabilitation and restoration projects projects. organizations and individuals defined in Clause 1 of this Article may hire consultancy 1. The following organizations and service providers to formulate such projects. A individuals are required to formulate consultancy service provider must be a lawfully environmental rehabilitation and restoration established one that satisfies the following projects: conditions: aJ Organizations and individuals having new aJ Being staffed with technicians trained in investment projects to exploit minerals or environment or mining discipline; investment projects to increase the mining bl Having physical-technical foundations, capacity, expand mining areas or increase the means, machinery and equipment up to quality mining depth; standards meeting the requirements of bl M'ning organizations and individuals that formulation of environmental rehabilitation and possess approved/certified environmental impact restoration projects. assessment reportslenvironmental protection commitmentslenvironmental standard Article 4. Submission of dossiers of request sati sfaction re gi strati on slen vi ron men tal for appraisal and approval of environmental protection schemes but do not yet possess rehabilitation and restoration projects approved environmental rehabilitation and l. Organizations and individuals requesting restoration projects or pay deposits for appraisal and approval of environmental environmental rehabilitation and restoration; rehabilitation and restoration projects shall cl Mining organizations and individuals that submit dossiers to competent agencies defined do not yet possess approvedlcertified in Clause 4, Article 2 of Decision No. 71120081 environmental protection schemes or pay QD-TTg for appraisal and approval. Agencies © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruary 2010 OFFICIAL GAZETTE 35 (Gong BaD nos 63-64/February 1, 2010) competent to approve environmental impact Point b. Clause I, Article 3 of this Circular are assessment reports. environmental protection required to make dossiers of request for appraisal commitments or environmental protection and approval of environmental rehabilitation and schemes are defined in the Government's Decree restoration projects. Such a classier comprises a No. 80/2006/ND-CP of August 9,2006, detailing written request for appraisal and approval of an and guiding a number of articles of the Law on environmental rehabilitation and restoration Environmental Protection (below referred to as project, made according to the form provided in Decree No. 80/2006/ND-CP); the Government's Appendix 3 to this Circular, and 7 (seven) copies Decree No. 2112008/ND-CP of February 28, of written explanations about the project and 2008, amending and supplementing a number of relevant drawings (if any); articles of Decree No. 80/2006/ND-CP; and the c/ Organizations and individuals defined at Natural Resources and Environment Ministry's Point c, Clause I, Article 3 of this Circular are Circular No. 04/2008!IT-BTNMT of September not required to make separate dossiers but are 18, 2008, guiding the formulation and approval only required to submit environmental or certification of environmental protection rehabilitation and restoration projects enclosed schemes and the examination and inspection of with dossiers of request for approval/certification implementation of environmental protection of environmental protection schemes. A written schemes. request for appraisal and approval/certification 2. A dossier of request for appraisal and of an environmental protection scheme must approval of an environmental rehabi litation and additionally contain the request for appraisal and restoration project is specified as follows: approval of an environmental rehabilillttion and aJ Organizations and individuals defined at restoration project. Point a, Clause I, Article 3 of this Circular are not required to make separate dossiers but are Article 5. Contents of appraisal of only required to submit environmental environmental rehabilitation and restoration rehabilitation and restoration projects enclosed projects with dossiers of request for appraisal and The principal contents of appraisal of an approval/certification of environmental impact environmental rehabilitation and restoration assessment reports/environmental protection project include: commitments. A written request for appraisal and approval/certification of an environmental I. Legal grounds for and the conformity of impact assessment report/environmental the structure and details of the project; protection commitment must additionally contain 2. The suitability of the selected plan; the the request for appraisal and approval of an volume of environmental rehabilitation and environmental rehabilitation and restoration restoration work, the implementation schedule project; against the granted mining license, the approved bl Organizations and individuals defined at investment and mining design project; © VIETNAM LAW & LEGAL FORUM 36 OFFICIAL GAZETTE Issue nos 01·02/February 2010 (Gong Baanos 63-64/February 1,2010) environmental protection and labor safety town (below referred to as the district-level requirements during the project implementation People's Committee) and opinions of the and the project's conformity with the local land commune-level People's Committee of the use planning: locality where the mining project is implemented. 3. Bases for calculating environmental 3. Environmental rehabilitation and rehabilitation and restoration funds: the accuracy restoration projects of organizations and and completeness of fund estimates and the individuals defined at Point b, Clause l . Article suitability of the method of depositing. 3 of this Circular shall be appraised as follows: a/ For environmental rehabilitation and

Article 6. Appraisal of environmental restoration projects falling within the approving rehabilitation and restoration projects competence of ministries, ministerial-level 1. For organizations and individuals defined agencies or government-attached agencies, at Point a, Clause I, Article 3 of this Circular agencies with approving competence shall that have investment projects on mining for appraise these projects. The contents of appraisal which environmental impact assessment reports comply with Article 5 of this Circular. When are required, environmental rehabilitation and necessary, the agency with approving restoration projects and these reports shall be competence may form a team to make appraised simultaneously. The minutes of examination visits to mining areas. Such an meetings of the Appraisal Council, written examination team consists of representatives of remarks on the environmental rehabilitation and the provincial-level Natural Resources and restoration project and evaluation opinions on Environment Department and the district-level the environmental rehabilitation and restoration People's Committee of the locality where the project shall be made according to the forms mining project is implemented. Examination provided in Appendices 4,5 and 6 to this Circular. results shall be presented in a record signed by 2. For organizations and individuals defined involved parties: at Point a, Clause l, Article 3 of this Circular bl For environmental rehabilitation and that have investment projects on mining for restoration projects falling within the approving which errvironmental protection commitments competence of People's Committees of provinces are required, environmental rehabilitation and or centrally run cities (below referred to as restoration projects shall be appraised by provincial-level People's Committees) or competent agencies through summarizing written provincial-level Natural Resources and evaluation opinions of the provincial-level Environment Departments, agencies with Natural Resources and Environment Department, approving competence shall appraise these and the Natural Resources and Environment: projects through summarizing evaluation Industry and Trade: Finance-Planning: and opinions of the provincial-level Natural Agriculture and Rural Development Divisions Resources and Environment Department (except under lhe People's Committee of the district or projects falling within the approving competence © VIETNAM LAW & LEGAL FORUM Issue nos01·02lFebruary 2010 OFFICIAL GAZETTE 37 (Cong BaD nos 63-64/Febl1Jary 1,2010) of provincial-level Natural Resources and a/ Environmental rehabilitation and Environment Departments) and the Industry and restoration projects for which environmental Trade; Construction: Finance; and Agriculture protection schemes equivalent to environmental and Rural Development Departments, and impact assessment reports are required shall be opinions of the district- and commune-level appraised under Point b, Clause 3 of this Article; People's Committees of locality where the b/ Environmental rehabilitation and mining project is implemented, When necessary, restoration projects for which environmental the agency with approving competence may form protection schemes equivalent to environmental a team to make examination visits to mining protection commitments are required shall be areas, Examination results shall be presented in appraised under Point c. Clause 3 of tllis Article a record signed by involved parties; 5. Written requests for opinions of district-/ c/ For environmental rehabilitation and commune-level People's Committees and written restoration projects falling within the approving replies to these requests shall be made according competence of district-level People's to the forms provided in Appendices 7 and 8 to Commi ttees or Natural Resources and this Circular. Environment Divisions, agencies with approving competence shall appraise these projects through 6. Expenses for the appraisal of environmental summarizing written evaluation opinions of the rehabilitation and restoration projects comply provincial-level Natural Resources and with current regulations. Environment Department, and the Natural Resources and Environment Division (except Article 7. Re-appraisal of environmental projects falling within the approving competence rehabilitation and restoration projects of district-level Natural Resources and LIn case an environmental rehabilitation and Environment Divisions); Industry and Trade; restoration project is not up to requirements for Construction; Finance-Planning; and Agriculture approval by a competent agency or the Appraisal and Rural Development Divisions under the Council, the organization or individual shall district-level People's Committee, and opinions formulate a new one and make a written request of the commune-level People's Conunittee of the for re-appraisal. locality where the mining project is implemented, 2. For an environmental rehabilitation and 4, For environmental rehabilitation and restoration project to be appraised under Clause restoration projects of organizations and 1. Article 6 of this Circular which is subject to individuals defined at Point c, Clause I, Article re-appraisal, the agency with approving 3 of this Circular, agencies with approving competence shall send requests for evaluation competence shall appraise these projects together opinions of members of the former Appraisal with environmental protection schemes. An Council. When necessary, the agency with environmental rehabilitation and restoration approving competence may set up a new project shall be appraised as follows: Appraisal Council. © VIETNAM LAW & LEGAL FORUM 38 OFFICIAL GAZETTE Issue nos01-G2IFebrua[y 2010 (Gong BaD nos 63·64lFebruary 1, 2010) 3. For an environmental rehabilitation and bl Within 20 (twenty) working days after restoration project to be appraised under Clause receiving a complete and valid dossier. the 2, 3 or 4, Article 6 of this Circular which is subject agency with approving competence shall to re-appraisal, it shall be re-appraised as in the appraise or re-appraise the project and notify in case of first -tirne appraisal. writing the organization and individual of appraisal or re-appraisal results and requirements 4. Expenses for the re-appraisal of for finalization of the project; environmental rehabilitation and restoration projects comply with current regulations. cl Within 7 (seven) working days after receiving a written request, the district- or

Article 8. Time limit for appraising or re- commune-level People's Committee shall give appraising environmental rehabilitation and its written opinions on the project. restoration projects The time limit for appraising or re-appraising I. The time limit for appraising or re- an environmental rehabilitation and restoration appraising environmental rehabilitation and project is exclusive of the time limit for collecting restoration projects under Clause I, Article 6 of opinions of the district-/commune-Ievel People's this Circular is similar to that for appraising Committee. environmental impact assessment reports under

Article 9. Finalization of environmental

Article 12 of Decree No. 80/2006/ND-CP, and rehabilitation and restoration projects the Natural Resources and Environment Ministry's Circular No. 05/2008rIT-BTNMT of When receiving a notice from the agency with December 8, 2008, guiding strategic approving competence on the results of appraisal environmental assessment, environmental impact or re-appraisal of an environmental rehabilitation assessment and environmental protection and restoration project, the organization or commitment. individual shall finalize the project, append a seal 2. The time limit for examination and receipt on every two adjacent pages, and send it together and appraisal or re-appraisal of an environmental with written explanations about the modified and rehabilitation and restoration project under supplemented details to the agency with Clauses 2, 3 and 4, Article 6 of this Circular is approving competence. specifically as follows: specified as follows: I. For an environmental rehabilitation and al Within 7 (seven) working days after restoration project falling within the approving receiving a dossier, the agency with approving competence of the Ministry of Natural Resources competence shall examine its completeness and and Environment, 3 (three) copies together with validity before issuing a receipt slip. If the dossier I (one) CD of the project documents must be is incomplete or invalid. the dossier-receiving sent to the Ministry of Natural Resources and agency shall notify snch to the submitting Environment; I (one) copy to the provincial-level organization or individual for finalization of the People's Committee of the locality where land project: is used by the project: and 1 (one) copy to the © VIETNAM LAW & LEGAL FORUM Issue nos01·02lFebruary 2010 OFFICIAL GAZETTE 39 (Gong Bao nos 63·64lFebruary 1, 2010) provincial-level Natural Resources and level Natural Resources and Environment Environment Department of the locality where Department; I (one) copy to the district-level land is used by the project: for a project located People's Committee of the locality of project ir: 2 (two) or more provinces. the number of implementation; for a project located in 2 (two) copies of the project documents equivalent to the or more districts, the number of copies of the number of additional provinces is required; and project documents equivalent to the number of I (one) copy to be kept by the submitting additional districts is required; and 1 (one) copy organization or individual. to be kept by the submitting organization or 2. For an environmental rehabilitation and individual. restoration project falling within the approving 4. For an environmental rehabilitation and competence of a ministry. ministerial-level restoration project falling within the approving agency or government-attached agency. 3 (three) competence of the district-level People's copies together with I (one) CD of the project Committee or Natural Resources and documents must be sent to the ministry or Environment Division, 1 (one) copy together ministerial-level or government-attached agency; with I (one) CD of the project documents must I (one) copy to the Ministry of Natural Resources be sent to the district-level People's Committee; and Environment; I (one) copy to the provincial- 1 (one) copy to the district-level Natural level People's Committee of the locality where Resources and Environment Division, 1 (one) land is used by the project; and I (one) copy to copy to the provincial-level People's Committee; the provincial-level Natural Resources and and I (one) copy to be kept by the snbmitting Environment Department of the locality where organization or individual. land is used by the project; for a project located in 2 (two) or more provinces. the number of Article 10. Approval of environmental copies of the project documents equivalent to the rehabilitation and restoration projects number of additional provinces is required; and Environmental rehabilitation and restoration I (one) copy to be kept by the submitting projects shall be approved under decisions of organization or individual. heads of competent agencies, specifically as follows: 3. For an environmental rehabilitation and restoration project falling within the approving I. For an environmental rehabilitation and competence of the provincial-level People's restoration project to be appraised together with Committee or Natural Resources and an environmental impact assessment report, the Environment Department, I (one) copy together contents of appraisal of the report and project with I (one) CD of the project documents must shall be expressed in the same decision, which be sent to the provincial-level People's shall be made according to the form provided in Committee; 1 (one) copy to the Ministry of Appendix 9 to this Circular. Natural Resources and Environment; and I (one) 2. An environmental rehabilitation and copy together with I (one) CD to the provincial- restoration project not specified in Clause 1 of © VIETNAM LAW & LEGAL FORUM 40 OFFICIAL GAZETTE Issue nos 01·02/February 2010 (G6ng BaD nos 63·64lFebruary 1, 2010) this Article shall be approved under a separate 3, An additional environmental rehabilitation decision. which shall be made according to the and restoration project must have a structure and form provided in Appendix 10 to this Circular. satisfy the requirements specified in Appendix 12 to this Circular,

Article 11. Sending of approved dossiers of environmental rehabilitation and restoration Article 13. Appraisal and approval of projects additional environmental rehabilitation and 1. Agencies with approving competence shall restoration projects send approved environmental rehabilitation and 1. A dossier of request for appraisal and restoration projects enclosed with approval approval comprises: decisions-to concemed organizations. individuals al A written request for appraisal. made and agencies in accordance with Article 9 of this according to the form provided in Appendix 13 Circular. to this Circular; 2. The agency with approving competence bl 7 (seven) copies of the additional shall give certification on the back side of the environmental rehabilitation and restoration additional page of the front cover of each copy project; of environmental rehabilitation and restoration cl The environmental rehabilitation and project according to the form provided In restoration project enclosed with the previous

Appendix 11 to this Circular. approval decision, Section 2 FORMULATION, APPRAISAL 2, The requirements on the presentation. AND APPROVAL OF ADDITIONAL details. order and time for appraisal or re- ENVIRONMENTAL REHABILITATION AND appraisal of an additional environmental RESTORATION PROJECTS rehabilitation and restoration project are the same as those for appraisal of the first environmental Article 12. Formulation of additional rehabilitation and restoration project and the form environmental rehabilitation and restoration of appraisal or re-appraisal is the same as projects specified in Article 6 or 7 of this Circular. 1. Organizations and individuals that have the 3, Approval of an additional environmental mining duration extended shall formulate rehabilitation and restoration project shall be additional environmental rehabilitation and expressed in an approval decision. which shall restoration projects, be made according to the form provided in 2, Agencies approving environmental Appendix 14 to this Circular; rehabilitation and restoration projects are In case an additional environmental competent to approve their additional rehabilitation and restoration project is approved environmental rehabilitation and restoration together with an additional environmental impact projects, assessment report. the contents of approval of © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruarv 2010 OFFICIAL GAZETTE 41 (Cong Baa nos 63-64/February 1, 2010) the project and report shall be expressed in the receiving deposits. environmental protection same approval decision. funds shall notify in writing such to agencies competent to approve environmental 4. Expenses for appraisal of additional rehabilitation and restoration projects and environmental rehabilitation and restoration environmental protection state management projects comply with current regulations. agencies in localities. Chapter II! Article 15. Management and use of deposits DEPOSITING ORDER AND PROCEDURES AND MANAGEMENT AND USE OF l. Deposits shall be managed and used under DEPOSITS Article 12 of Decision No. 71/200&IQD-TTg. 2. After being granted a mining license, if the Article 14. Depositing order and procedures term of the license is different from that The depositing order and procedures comply calculated in the approved environmental with Articles 9 and 10 of Decision No. 71/20081 rehabilitation and restoration project, an QD-TTg. organization or individual defined lit Point a. A dossier of request for making of deposits Clause I, Article 3 of this Circular must re- for environmental rehabilitation and restoration calculate annual deposits to suit the Iem1 of the is specified as follows: license and send a report thereon to the agency with approving competence for considel:ntion and l. A dossier of request for depositing modification. comprises: 3. Before November 30 every year, "Iinistries, al A written request for depositing, made ministerial-level agencies. government-attached according to the form provided in Appendix 15 agencies, provincial-level People's Ccmmittees. to this Circular; environmental protection funds and district-level bl I (one) copy of the environmental People's Committees shall send reports made rehabilitation and restoration or additional according to the form provided in Appendix 17 environmental rehabilitation and restoration to this Circular. specifically as follows: project enclosed with the approval decision. a/ Ministries, ministerial-level agencies, 2. After receiving deposits, the Vietnam government-attached agencies and provincial- Environmental Protection Fund or local level People's Committees shall send to the environmental protection funds (below referred Ministry of Natural Resources and Environment to as environmental protection funds) shall certify reports on the making of deposits and such depositing for organizations and individuals environmental rehabilitation and restoration by according to the form provided in Appendix 16 organizations and individuals; to this Circular. bl The Vietnam Environmental Protection 3. Within 7 (seven) working days from Fund shall report to the Ministry of Natural © VIETNAM LAW & LEGAL FORUM 42 OFFICIAL GAZETTE Issue nos 0l-C2IFebruary 2010 (Gong Baa nos 63-64/February 1, 2010) Resources and Environment while local (endosmosis, subsidence, slide, erosion and environmental protection funds report to durability of environmental rehabilitation and provincial-level People's Committees on the restoration works. etc.) under regulations and remittance. refund or management of depcsits satisfaction of environmental rehabilitation and for environmental rehabilitation and restoration restoration requirements as committed in under regulations; approved environmental rehabilitation and c/ District-level People's Committees shall restoration projects/additional environmental report to provincial-level People's Committees rehabilitation and restoration projects. on the depositing and environmental 4. Agencies with examination and rehabilitation and restoration by organizations certification competence shall issue written and individuals. certifications of the completion of part or all of environmental rehabilitation and restoration Articte 16. Examination and certification of contents to eligible organizations and individuals completioo of environmental rehabilitation and under regulations. Such certification shall be restoration contents made according to the form provided inAppendix 1. A dossier of request for examination and 21 to this Circular. certification of the completion of environmental Chapter TV rehabilitation and restoration work is specified in Clause I, Article 11 of Decision No. 71/2008/ IMPLEMENTATION PROVISIONS QD- TTg. A report on the completion of environmental rehabilitation and restoration Article 17. Organization of implementation work shall be made according to the form 1. Ministers, heads of ministerial-level provided In Appendix 18 to this Circular. agencies, heads of government-attached 2. Heads of examination and certification agencies, chairpersons of provincial-, district- agencies shall issue decisions to form teams for and commune-level People's Committees. examining the work of environmental directors of environmental protection funds, rehabilitation and restoration performed by mining organizations and individuals, and other organizations and individuals. Such a decision concerned organizations and individuals shall shall be made according to the form provided in implement this Circular.

Appendix 19 to this Circular. Examination results 2. Directors of provincial-level Natural shall be made in records according to the form Resources and Environment Departments shall provided in Appendix 20 to this Circular. direct, examine and urge mining organizations and individuals in their localities in making 3. Contents of technical inspection include deposits for and conducting environmental inspection of the quality of environmental rehabilitation and restoration under regulations. rehabilitation and restoration works and environmental quality against technical standards 3. The General Director of the Vietnam © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruary 2010 OFFICIAL GAZETTE 43 (Gong Baa nos 63-B4!February 1, 2010) Environment Administration shall direct the Appendix I appraisal and re-appraisal of environmental STRUCTURE AND REQUIREMENTS ON rehabilitation and restoration projects/additional CONTENTS OF ENVIRONMENTAL environmental rehabilitation and restoration REHABILITATION AND RESTORATION projects falling within the approving competence PROJECTS of the Ministry of Natural Resources and Environment; and guide, examine, monitor and (To Circular No. 3412009fJTBTNMT of urge the implementation of this Circular. December 31, 2009, ofthe Ministry of Natural Resources and Environment, providing for the 4. Mining organizations and individuals that formulation, approval, examination and already possess environmental impact certification of environmental rehabilitation assessment reports/environmental protection and restoration projects and making of commitments/environmental standard deposits for environmental rehabilitation and sati s facti on regi strations!en vi ron mental restoration for mining activities) protection schemes approved/certified before the effective date of Decision No. 7112008!QD-ITg Part 1 (June 26, 2008) and have made deposits for PROJECT EXPLANATIONS environmental rehabilitation and restoration are INTRODUCTION not required to formulate environmental rehabilitation and restoration projects but shall To summarize constituents, origin of and comply with regulations on making of deposits necessity to formulate the environmental for and environmental rehabilitation and rehabilitation and restoration project. restoration under Decision No. 71/2008/QD- ITg and this Circular. Chapter I GENERAL BACKGROUNDS OF Article 18, Effect THE PROJECT This Circular takes effect on February 15, I. General information 2010 - Name of organization/individual: Any problems arising in the course of - Contact address: implementation of this Circular should be - Telephone: ... Fax: , . promptly reported to the Ministry of Natural Resources and Environment for consideration - Business registration certificate (or and settlement. investment certificate). - Form of project investment and For the Minister of management. To explain the form of investment. Natural Resources and Environment capital sources and selection of the form of Deputy Minister project management. In case of hiring a project NGUYEN XUAN CUONG management consultancy organization, to © VIETNAM LAW & LEGAL FORUM 44 OFFICIAL GAZETTE Issue nos 01·02JFebruarv 2010 (Gong BaD nos 63-64/February 1, 2010) provide information on the address and legal the environment in the following directions: status of this organization. - Rehabilitating and restoring the environment 2. Grounds for project formulation so as to restore the original state of the Legal grounds: Decision No. 711200S/QD- environment and eco-systems. TTg; Circular No. 34/2009/TT-BTNMT; mining - Rehabilitating and restoring the environment license, decision approving the feasibility study so as to restore the environment and eco-systems report/investment project, basic design appraisal to a state similar to the original state. results, doeurnents approving branch plannings, - Rehabilitating and restoring the environment construction plannings and plannings on the use in the project area to satisfy environmental of land in the project implementation area, protection requirements and serve purposes decision approving the environmental impact beneficial to humans. assessment report or written certification of the In addition to the above objectives. there are environmental protection commitment (if any), also other feasible objectives. For selected and other relevant documents; unit prices and objectives, to clearly present practical bases for economic norms applicable in the project achievement. formulation. b/ Specific objectives: To set specific Basic documents: approved investment objectives on jobs and job volumes to be project to build mining works and appraised basic completed each year. each period and at the end design or feasibility study report; approved/ of the project implementation duration certified environmental impact assessment report (depending on the volumes of environmental or environmental protection commitment (if rehabilitation and restoration work of the entire any); environmental observation documents. mine or each mining area and the organization's To indicate the name of the consultancy or individual's request for competent agencies' organization and name of the person in charge inspection and certification of the completion of of and list of persons directly involved in the part or all of environmental rehab;!itation and project formulation. restoration contents). 3. Geographical location Chapter II To clearly describe the geographical location, coordinates and boundary of the project CHARACTERISTICS OF MINING implementation place; natural conditions. roads; ACTIVITIES rivers and streams; topographical characteristics, 1. General information on the mining area socio-economic conditions and surroundings of To indicate topographical and the mining area. geomorphologic characteristics of the mining 4. Project objectives area; geological and engineering geological aJ General objectives: To set the project's conditions. petrographical and mineral general objectives of rehabilitating and restoring components, mineral distribution characteristics. © VtETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruary 2010 OFFICIAL GAZETTE 45 (Gong Bao nos 63·64lFebruary 1, 2010; - To provide general information on the mine: impacts on the air environment: wastes; and mining schedule and volumes in each year and impacts on economic activities in the area. To the whole mining duration, reserves and life of indicate possible changes in topography. land, the mine, working regulations. eco-systems, rivers or streams at the end of the - Current situation and status of mining, mining process. remaining mineral reserves, remaining mining To assess risks and forecast adverse impacts duration. on the environment, and possible environmental incidents. 2. Mining methods To introduce mining methods and procedures, Chapter III and technologies used in mining; mining order ENVIRONMENTAL REHABILITATION and systems and parameters of mining systems; AND RESTORATION PLANS transportation inside and outside the mine; the situation of electricity and water supply and water I. Selection of environmental rehabilitation drainage within the mine, spoil discharge; and restoration plans construction of works serving mining, and total - Based on practical conditions of each type mining ground. of mining, and the mining process' i;ropacts on 3. Environmental status the surrounding environment and communities; based on the geological formation, mineral - To indicate the status of geological structure components and quality of the environment in and groundwater level in the mining area and the area of project implementation, the places of environmental rehabilitation and organization or individual shall formulate restoration. To assess and forecast the possibility feasible environmental rehabilitation and of subsidence, slide, geological faults, lowering restoration plans. Such a plan must satisfy the of groundwater, surface, river/lake water levels; requirements specified in Appendix I to Decision and environmental incidents in the course of No. 71/2008/QD-TTg; and environmental mining and environmental rehabilitation and rehabilitation and restoration work must not restoration. cause environmental incidents or affect human - To indicate the environmental status at the health and must comply with other regulations. time of project formulation; environmental - To briefly describe each plan; works and protection measures applied and works built; volumes of environmental rehabilitation and environmental analysis results at the time of restoration. For each plan, to make a map of project formulation. restoration of the exploited space and indicate 4. Environmental impacts environmental rehabilitation and restoration To provide general information on mining works. activities' impacts on the environment, such as - To assess environmental impacts, impacts on terrain, surface and ground water sustainability and safety of environmental environments; impacts on the flora and fauna; rehabilitation and restoration works under each © VIETNAM LAW & LEGAL FORUM 46 OFFICIAL GAZETTE Issue nos 01·02lFebruary 2010 (Gong BaD nos 63·64lFebruary 1,2010) plan (e,g .. subsidence, slide, permeation incidents in each phase in the process of prevention, lowering of groundwater levels. environmental rehabilitation and restoration. fissure, environmental incidents, etc.). - Listing environmental rehabilitation and - To calculate "land recovery indicators" restoration works; job volumes to be performed according to the following formula: in each phase and the entire process of Ip = (GIn - Gp )/GC environmental rehabilitation and restoration. Of which: - Listing equipment, machinery, raw materials and materials, land areas and trees used in each + G m: value of land after recovery, which is phase and the entire process of environmental forecast at the market price at the time of rehabilitation and restoration. calculation; - Working out plans for incident prevention + G p : total expenses for land recovery to and response in the process of environmental achieve use purposes; rehabilitation and restoration. + G,: original value of land before mine opening at the time of calculation (based on unit Technical norms for designing and building environmental rehabilitation and restoration prices set by the State); works are based on feasibility study reports or After evaluating and comparing the above basic designs on mining or environmental impact data, to select the optimal environmental assessment reports. rehabilitation and restoration plan. 2. Environmental rehabilitation and Chapter IV restoration contents ENVIRONMENTAL MANAGEMENT AND Based on the selected environmental MONITORING rehabilitaeon and restoration plan, to work out 1. Management program contents and measures for implementation, specifically: To display the diagram of environmental rehabilitation and restoration management. - Designing and calculating job volumes of major works for environmental rehabilitation and To work out programs for examining and restoration under the guidance in Appendix 2 to supervising implementation progress and quality Decision No.7 l/2008/QD- TTg, and this of works; plans to inspect environmental Circular. rehabilitation and restoration worksforexamination and certification of the completion of project - Designing and calculating job volumes for contents; measures to manage and protect environmental rehabilitation and restoration to environmental rehabilitationand restoration works achieve the set objectives and suit practical after examination and certification. conditions. - Designing works to reduce adverse impacts 2. Environmental monitoring program and prevent and respond to environmental To work out a program to monitor wastes and © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruary 2010 OFFICIAL GAZETTE 47 (Cong Baa nos 63-64/February 1, 2010) environmental quality in the process of monitoring results in approved environmental environmental rehabilitation and restoration: impact assessment reports/environmental 2, L Waste monitoring: To monitor at least protection commitments/en vi ron mental twice a year the flow/total volume of wastes and protection schemes may also be used, their typical pollution parameters in the process Chapter V of environmental rehabilitation and restoration according to Vietnam's current standards and ESTIMATES OF ENVIRONMENTAL regulations, Places of monitoring must be shown REHABILITATION AND RESTORATION in a diagram with notes and coordinates under EXPENSES current regulations, L Estimates of environmental reilabilitation For environmental rehabilitation and and restoration expenses restoration works discharging wastewater and gas - Bases for estimation: latest expense norms emissions and involving potential danger of and unit prices set by localities or nunistries or environmental pollution, to encourage the branches in case localities have not yet set these construction and installation of equipment for norms and unit prices, flow measurement and constant observation of typical pollution parameters in wastes, - Estimate details: To be based 011 practical conditions, volumes and specific- jobs of 2,2, Environmental monitoring: To monitor environmental rehabilitation and restoration typical pollution parameters according to work; and pursuant to the guidance in Appendices Vietnam's current standards and regulations, If I and 2 to Decision No, 7l/2008/QD-TTg, and there are no state agencies' monitoring stations

Appendix 2 to this Circular. or points in environmental rehabilitation and restoration areas, environmental monitoring shall - Making a general list of expenses, covering be conducted at least twice a year, Places of those for environmental rehabilitation and monitoring must be shown in a diagram with restoration works; volumes; and unit price of notes and coordinates under current regulations, each work item in each phase, and total expenses 2,3, Other types of monitoring: To monitor at for environmental rehabilitation and restorarion. least once a year in environmental rehabilitation 2. Calculation of deposits and time of and restoration areas such indicators as soil depositing: Deposits and first-time and endosmosis, erosion, slide, subsidence; landslides subsequent times of depositing are specified in in river, stream and lake banks and coasts; Articles 8 and 9 of Decision No. 7l/2008/QD- alluvial deposit in river, stream and lake beds TTg, and this Circular. and sea bottom; changes in surface and ground 3. Deposit recipients: Organizations and water levels; salt and alum infiltration (depending individuals may select recipients of deposits for on characteristics of each environmental environmental rehabilitation and restoration rehabilitation and restoration project), (local environmental protection funds or the In the process of mining. environmental Vietnam Environmental Protection Fund). © VIETNAM LAW & LEGAL FORUM 48 OFFICIAL GAZETTE Issue nos 01·02/Februarv 201 0 (Cong Bao nos 63-64/February 1,2010) Chapter VI environmental rehabilitation and restoration measures; IMPLEMENTATION COMMITMENTS AND CONCLUSIONS - Commitments to realize environmental incident prevention and response plans and to I. Commitments of organizations and compensate for and handle environmental individuals pollution in case of environmental incidents; The organization's and individual's - Comntitment to comply with reporting and commitments to pay deposits for environmental inspection regulations; rehabilitation and restoration; implement - Commitment to make reports on environmental rehabilitation and restoration plans; implementation results of the environmental realize commitments to the community; and rehabilitation and restoration project/additional observe regulations on environmental rehabilitation environmental rehabilitation and restoration and restoration and environmental protection project and results of the environmental involved in the project phases, specifically: monitoring program and send these reports to - Commitment to ensure truthfulness and the agency approving the environmental Objectivity in the calculation of deposits; rehabilitation and restoration project and local environmental protection state management - Commitments to make deposits for agencies under regulations, environmental rehabilitation and restoration to environmental protection funds as indicated in 2, Conclusions the project; To make conclusions and evaluate the - Commitment to allocate funds for project's socio-economic impacts; and the implemeruation; reasonability of the amount of environmental - Commitments to apply and complete rehabilitation and restoration deposits. Part II ANNEXES 1. Drawings: No. Drawings I 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 ntine area (on a 1:1,000 or 1:2,000 scale) 3 Map of completion of each phase of mining 4 Map of the mine's general plan (on a 1:2,000 or 1:5,000 scale), displaying all work items and technical networks © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruary 2010 OFFICIAL GAZETTE 49 (Gong BaD nos 63·64iFebruary 1, 2010) 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 I :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 9 Map of restoration of the exploited space (on a I: 1,000 or 1:2,000 scale) 10 Detailed design drawings of environmental rehabilitation and restoration works II Plan on locations of environmental observation and monitoring works 2. Related dossiers and documents: Appendix 2 - Copies of the approval decision/written ESTIMATES OF ENVIRONMJ.;:NTAL certification of environmental impact assessment REHABILITATION AND RESTORATION report/environmental protection commitment/ EXPENSES environmental protection scheme; and of the (To Circular No. 3412009J7T-BTNMT of mining license (if any); December 31, 2009, of the Ministry tif Natural - Copies of the decision approving the Resources and Environment, providevg for the investment project on mining, of the notice on formulation, approval, examination and appraisal of basic designs, or equivalent certification of environmental rehabilitation documents; and restoration projects and making of - Land allocation decision and land rent deposits for environmental rehabilifgJion and contract; restoration for mining activiiie«) - Three-dimension (3D) map of restoration Based on practical conditions of eeeh type of of the exploited space, in case environmental mining and each environmental rehabiUt;ltion and impact assessment reports are required for restoration work as indicated in environmental environmental rehabilitation and restoration rehabilitation and restoration projects/additional projects; environmental rehabilitation and restoration - Unit prices applied in calculating projects, to estimate environmental rehabi litation environmental rehabilitation and restoration and restoration expenses. Some of these expenses funds; unit prices and expense norms applied by are specified below: relevant ministries and branches; and land use A. Environmental rehabilitation and planning map (if any), restoration expenses © VIETNAM LAW & LEGAL FORUM 50 OFFICIAL GAZETTE Issue nos01·02lFebruary 2010 (Gong Bao nos 63-64/February 1, 2010) I. For open-cast mines not at the risk of pits (m"): generating acid drainage: - Vm : volume of the mining pits (rrr'); Expenses for environmental rehabilitation and - Cd: expense for soil for fill-up and leveling restoration for open-cast mines: (VND/m l ) ; M,p = C kl + ChI + Cqd + CIO + C b, - C,: expense for transporting soil to the Of which: mining pits C, = Q.c,; * M cp : total expense for environmental - Q: volume of soil for leveling and filling up rehabilitation and restoration; the mining pits (rn'): * C kl ; expense for environmental rehabi- - C,: expense for transporting soil to the litation and restoration in mining pits; mining pits (VND/ml ) . * ChI: expense for environmental rehabi- * Cs : leveling and fill-up expense C =Q.k.c S S litation and restoration in spoil dumping sites; - Q: volume of soil for leveling and filling up * Cqd : expense for environmental rehabili- the mining pits (m'): tation and restoration in tailings dumping sites; - k: coefficient for the to-be-leveled volume * C ld : environmental rehabilitation and of work (%); restoration expense for dismantlement of - C,: unit price for leveling (VND/m 3). industrial and civil works; * Co: expense for vegetation covering C, = S. * Cb , : additional expense for environmental k.Ic, + ch + C, + cp + cbl rehabilitation and restoration (i.e., expense for - S: area to be covered with vegetation (m-); the achievement of the project objecti ves, which - k: number of tree-planting holes per mC shall be calculated on the basis of volumes of (hole/m-); additional works). - ch : remuneration for digging a hole (VND/ 1.1. Expense for environmental rehabilitation hole); and restoration in mining pits (C kl ) : - c,: expense for purchasing and planting at For mining pits deep in the natural ground saplings (VND/hole); planned to be filled up - c p : expense for fertilizer per hole (VND/ This expense may be calculated according to hole); the following formula: - cb : expense for tending saplings during the Ckl = Cd + C, + C, + C, first 3 years and planting trees in replacement of * Cd: expense for purchasing soil to fill up dead ones (VND/hole); the mining pits Cd = Q.c d - Cd: expense for rich soil per hole (VND/ Q = 1.1 V'll hole). - 1.1. coefficient taking into account the soil- b/ For mining pits deep in the natural ground ramming degree; Environmental rehabilitation and restoration - Q: volume of soil for filling up the mining expenses shall be calculated according to the © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruary 2010 OFFICIAL GAZETTE 51 (Gong Rio nos 63-64lFebruary 1, 2010) following formula: C III = I.cm (VND) C kt =C qm +C bm +C r +C ex +C ill - 1: length of the water drainage system (m); * Cqm : expense for leveling around the mining - c m: expense for forming the water drainage pits C qrn = S.c s (VND) system for mine holes (VND/m). - S: area to be leveled (rrr'): cI For mines with mining pits other than mine - c,: expense for leveling I rn? of soil around holes the mining pits (VND/m'). In case the open-cast mining site has no mine * C bm: expense for reinforcing banks of the holes, environmental rehabilitation and mining pits C bm = c ill .Sleos (VND) restoration expenses include the expense for <;;; leveling the ground for vegetation covering or - S: area determined on the plan of the to-be- change of land use purpose. The expense for reinforced banks (m"); environmental rehabiiitarion and restoration in - ": angle of slope of the banks (degree); the mining site shall be calculated as follows: - C m : expense for reinforcing I rn' of the pit C kt = C, + COd + C, banks (VND/m'). * Cs : expense for ground leveling C; s = S.c s * Co: expense for placing fences and - S: area to be leveled (rn"): signboards (VND). - c,: expense for leveling 1 m' of soil around * C ex : expense for planting trees around the the mining pits (VND/m2 ) . mining pits (VND) * Cod: expense for soil rehabiliratlon Cod = Cox = S.k.(c d +k.ch + C, + c p + c b ) S.d. (Cd + C, + c) - S: area to be covered with vegetation (m'); - S: mining area to be rehabilitated (rn"); - k: number of tree-planting holes per m- - d: thickness of the rich soil layer required, (hole/m-): which must be at least 0.3 m (m); - c h : remuneration for digging a hole (VNDI - Cd: unit price of I m J ofrich soil (if rich soil hole); is taken from the surface soil layer stripped upon - c,: expense for tree planting (VNDlhole); mine opening and kept for environmental - c p : expense for fertilizer per hole (VNDI restoration, cd is the expense for keeping surface hole); soil) (VND/m J ) ; - c b: expense for tending saplings during the - c,: expense for transporting rich soil to the first 3 years and planting trees in replacement of mining site (VND/m J ) ; dead ones (VND/hole); - c,: expense for leveling rich soil to - Cd: expense for rich soil (or for reserving rehabilitate the surface soil of the mining site surface soil) per hole (VNDlhole); (VND/m 3 ) . Cm: expense for forming the water drainage * Co: expense for vegetation covering C, = system for mine holes S.k, [CJ t Ch t Cc t Cp t Ch] © VIETNAM LAW & LEGAL FORUM 52 OFFICIAL GAZETTE Issue nos01·02lFebruary 2010 (Gong Baanos 63·641Febl1Jary 1, 2010) · S: area to be covered with vegetation (rn-): on the talus of the banks of mining pits (VND) · k: number of tree-planting holes per m' C m = (S + Sd)·k.(c d + ch + C, + cp + c h ) + (hole/rn"): c".S/cos - ch : remuneration for digging a hole (VND/ - S: area to be covered with vegetation on the hole): layers on the mine banks (m-); - co: expense for tree planting per hole (VND/ - Sd: area of the bottom of the mining pits hole); (m'); · c p : expense for fertilizer per hole (VND/ - S,: area on the plan of the layer side and hole); talus top (m-); - c b : expense for tending saplings during the - Cot: expense for purchasing special-use grass first 3 years and planting trees in replacement of for growing on the talus (VND/m'); dead ones (VNDlhole); - k: number of tree-planting holes per m' - Cd: expense for rich soil per hole (VND/ (hole/m-): hole). - ch : remuneration for digging a hole (VND/ In case the open-cast mining site is on a high hole); mountain with deep mining pits difficult to fill - c,: unit price for planting saplings and trees up for restoring the original ground and (VND/hole); impossible to create a reservoir. the expense for - cp : expense for fertilizer per hole (VND/ environmental rehabilitation and restoration in hole); the mining pits shall be calculated as follows: . cb : expense for tending saplings during the C k t = C qm + C hm + C c x first 3 years and planting trees in replacement of * Cqm : expense for leveling the ground around dead ones (VNDlhole); the mining pits Cqm = S.C, (VND) - Cd: expense for rich soil per hole (VND/ · S: area to be leveled (m-): hole ). - c,: expense for leveling I m' of soil around 1.2. Expense for environmental rehabilitation the mining pits (VND/m'). and restoration in spoil dumping sites (C b t ) * Cbm ; expense for reinforcing the mining pits' a/ For the plan on prompt environmental banks C"'" = cm . S/cos (VND) restoration. to level the ground and cover it with · S,: area on the plan of the mining pits to be rich soil and plant trees right after dumping. In reinforced (rn): this case, the environmental restoration expense · : angle of slope of the banks (degree); shall be calculated according to the following · C m: unit price for reinforcing I m' of the formula: banks (VND/m'). C bt =C ct +C tc +C mt * Cm: expense for planting trees around and * Cot: expense for soil rehabilitation Cot = on the bottom of mining pits and growing grass S.k,c d © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruary 2010 OFFICIAL GAZETTE 53 (Gong Bao nos 63·64lFebruary 1, 2010) - S: total area of layers of the spoil dumping = Q".c, (VND) site (rrr'); - Q,,: volume of spoil to be leveled and - k: number of tree-planting holes per m" layered (Q" depends on each type and size of (hole/m"): dumping site, ensuring a reserve stability - Cd: expense for rich soil per hole (VND/ coefficient for the dumping site's sides) (rn"); hole). - c,: expense for leveling and layering per m' * C,,: expense for planting trees on the whole of spoil (VND/m 3) . surface of the spoil dumping site: * Cg,: expense for forming the water drainage C" = S.k.(c h + C, + c r + c b ) system for spoil layers: - S: total area of the site's surface (m'); Cgo = I.cm (VND) - k: number of tree-planting holes per m' - I: length of the water drainage system for (hole/m"): spoil layers (m); - ch : remuneration for digging a hole (VND/ - c m : expense for fonning the water drainage hole); system (VND/m). - co: unit price for purchasing and planting * Cot: expense for soil rehabilitation Cot = saplings (VND/hDle); S.k.cd - c expense for fertilizer per hole (VND/ - S: total area of layers of the site (m'); r: hole); - k: number of tree-planting holes per rn-(hole/ m-): - c b: expense for tending saplings during the first 3 years and planting trees in replacement of - Cd: expense for rich soil per hole (VND/ dead ones (VND/hDle). hole). * Cm': expense for growing grass on the sides * C,,: expense for planting trees on the surface of the site's layers Cm, = Sm"Ceo of the site: - Sm': area of sides of the site's layers (rrr'); C Ie = S.k.(c. h + CC + cP + cb ) - Ceo: expense for growing grass (VND/m'). - S: total area of the surface of the site (m-); b/ For the plan on environmental - k: number of tree-planting holes per m'; rehabilitation and restoration in highly heaped - ch : remuneration for digging a hole (VND/ dnmping sites, the rehabilitation covers leveling, hole); layering, and making of a stable slope to prevent - co: expense for saplings and tree planting subsidence, covering sites' layers and tops with (VND/hole); soil surface and then with vegetation. The - c expense for fertilizer per hole (VND/ environmental restoration expense shall be r: hole); calculated according to the following formula: - cb : expense for tending saplings during the Cbt =C sc +C gc +C tc +C mt first 3 years and planting trees in replacement of * C sc : expense for leveling and layering C ~ dead ones (VNDlhole). © VIETNAM LAW & LEGAL FORUM 54 OFFICIAL GAZETTE Issue nos 01·02/February 2010 (Gong Beonos 63·64lFebruary 1, 2010) * C mt : expense for " - growing '"- grass on the sides - S: area to be dismantled (m'): of the site's layers C mt = Smt"C oo - c td: expense for dismantlement (VNDlm2 ) . - Smt: area of the sides of the site's layers (m-); 2. For open-cast mines at the risk of - Coo: expense for grass growing (VNDlm"). generating acid drainage 1.3. Expense for environmental rehabilitation 2.I. Expense for environmental rehabilitation and restoration in tailings dumping sites (C qd ) and restoration in mining pits (C ll): a/ For crude tailings dumping sites where aI For mining pits deep in the natural ground water drainage is easy, to form appropriate water planned to be filled up: drainage systems, dry, level and cover the sites This expense may be calculated according to with surface soil layers and plant trees or restore the following formula: the cultivation area, if possible. The Ckt = Cd + C, + C, + C" + C, + C b, environmental rehabilitation and restoration expense shall be calculated as follows: * Cd: expense for purchasing soil to fill up the pits Cd = Ll.Vtn.Cd (VND) C qd =C tn +C sg +C ct +C tc - Vm : volume of the mining pits (rn"): * C tn: expense for forming the water drainage - Cd: unit price of soil for leveling and fill-up system (VND); (VND/m 3 ) ; * C sg : expense for leveling the surface (VND); * C,: expense for transporting soil to the * C ct : e xpense for soil rehabilitation (VND); mining pits C y = Q.c y (VND) * C,,: expense for vegetation covering (VND). - Q: volume of soil for leveling and filling up bl For fine tailings sites where water drainage the mining pits Q = I. LVm (m"): is difficult, rehabilitation and restoration - C y : expense for transporting soil to the expenses include the expense for fonning a safe mining pits (VND/m'). tailings reservoir with embankments or fences * C s: expense for leveling Cs = Q.k.c (VND) and warning signboards to prevent entry of humans and animals: - Q: volume of soil used for leveling and filling up the mining pits (m'); C qd = COb + C h t + Cbb - k: coefficient for the to-be-leveled volume * Cd..: expense for forming embankments, of work, which is commonly 30-40%; reinforcing dams and overflow gates to ensure safety for rivers' lower sections (VND); - Cs : unit price for leveling 1 rrr' of soil (VNDI rrr'). * C h,: expense for building fences (VND); * C,,: expense for forming a permeation-proof * Cbb: expense for placing signboards (VND). layer to prevent acid drainage and a surface soil 104. Expense for dismantlement of supporting layer for tree planting works to restore the ground (C ld) C el = S.dd'(c d, + <, + c g ) + c 1 This expense shall be calculated according - S: area of the mining pit's surface to be to the following formula: Cld = S,C'd © VIETNAM LAW & LEGAL FORUM Issue nos 01.IJ2/February 2010 OFFICIAL GAZETTE 55 (Gong Bao nos 63-64/February 1, 2010; filled up (m): Ckt = Cglll + Cblll + c, + Cex + em + e xl - dd': thickness of the clay layer (m); * Cqm: expense for leveling places around the - Cd,: unit price of 1 m' of clay (VND/m ) ; J mining pits (VND) - e,: unit price for transporting 1 m J of soil * Chm: expense for reinforcing banks of the (VND/m J ); mining pits (VND) - c,: expense for rolling and ramming 1 m' of * C,: expense for placing fences and clay to reach an endosmosis of 1.10-6 (VND/m'); signboards (VND). - e g : unit price for leveling 1 m' of soil (VNDI * C,,: expense for planting trees around the m '), mining pits (VND) * C,: expense for vegetation covering C, = S . * Cm: expense for fanning the water drainage k.[cd+c,+c +c p +e] system for mine holes (VND) 1 c b - S: area to be covered with vegetation (rn"); * C,,: expense fortreating acid water stagnated on the surface and bottom ofthe miningpits before - k: number of tree-planting holes per m- discharging water into the mining pits tVND). (hole/m-): cI For mining pits other than mine holes - c h : remuneration for digging a hole (VNDI hole); The environmental rehabi liteeion and restoration expense shall be calculated as follows: - co: expense for saplings and tree planting C kl = C, + C" + C, (VND) (VND/hole); - c p : expense for fertilizer per hole (VNDJ * C,: expense for leveling the layer surface C s = S.c , hole); - S: area to be leveled (rn"); - c 6 : expense for tending saplings during the first 3 years and planting trees in replacement of - c,: expense for leveling I rrr' of soil on the dead ones (VND/hole); layer surface (VND/m'). - Cd: expense for rich soil per hole (VNDI * C,,: expense for forming a permeaaon-proof hole). layer to prevent acid drainage and mace soil layer for lree planting * C 6 , : Environmental rehabilitation and C,=S.[dd,(c ds +e v +c g)+c]I restoration expenses additionally arising upon c s project implementation. - S: area of the mining pits' surface.so be filled up (rrr'): bl For mining pits deep in the natural ground planned to be retained - dd': thickness of the clay layer (m); - Cd,: unit price of I rn' of clay (VNDI m'): The expense for environmental rehabilitation and restoration in the mining pits is similar to that - c: expense for transporting I m J of soil applicable to mines not at the risk of generating (VNDI m'); acid mine drainage (Section b, Part 1.1), plus the - c,: unit price forrolling and ramming I m2 of expense for treating acid water (C) clay to reach an endosmosis of 1.10'0 (VND/m'). © VIETNAM LAW & LEGAL FORUM 56 OFFICIAL GAZETTE Issue nos01-02lFebruary 2010 (G6ng Baanos 63-64/February 1, 2010) * C,.: expense for vegetation covering C, = C,,, = (S" + S,).[dd,.(c d, + C, + cg ) + c,l S.k.[c d + C" + C, + cp + cbl - Sn: area of the bedding of the sites (rrr'); - S: area to be covered with vegetation (m'): - S,: area of the walls of the sites (m-): - k: number of tree-planting holes per m? - dd': thickness of the clay layer (m); (hole/m-): - Cd' unit price of I m' of clay (VND/m 3 ) ; - ch : remuneration for digging a hole (VNDI - c,: unit price for transporting I m' of soil hole); (VND/m'); - co: unit price for planting saplings and trees - c g : unit price for leveling I m' of soil (VNDI (VND/hole); m'): - cp : expense for fertilizer per hole (VNDI - c,: unit price for rolling and ramming I m' hole); of clay to reach an endosmosis of L 10-6 (VNDI - cb : expense for tending saplings during the m-). first 3 yesrs and planting trees in replacement of • Cm: expense for forming a permeation-proof dead ones (VNDlhole); layer on the surface of the sites to prevent acid - Cd: expense for rich soil per hole (VNDI drainage and a surface soil layer for vegetation hole). covering. The permeation-proof layer may be Note: The permeation-proof layer aims to made of clay with low endosmosis; the minimum prevent selfide spoil from contacting the air, so thickness of the clay layer for covering the whole this layermay be made of other permeation-proof surface of the filled-up area is 0.3 m and must be materials, such as geotechnics fabrics. spoil not rolled and rammed to reach a low endosmosis. generating acid (e.g., granite or caleium silicate) If the clay layer is thinner, the surface should be or alkali materials which can neutralize acids. covered with a layer of other permeation-proof However, this part only deals with the materials, such as geotechnics fabrics or permeation-proof layer made of clay. permeation-proof polymer materials. 2.2. Expenses for environmental rehabilita- Cm = S.[dd"(c d, + C, + c g ) + cll tion and restoration in spoil dumping sites (C b,) - S: area of the surface of the sites (m-): Expenses for environmental rehabilitation and - dd': thickness of the clay layer (m); restoration in spoil dumping sites are the same - Cd,: unit price of I m' of clay (VND/m'); as those for common spoil dumping sites. For - c,: unit price for transporting I m' of soil sites of spoil containing sulfide minerals, these (VND/m'); expenses shall be added with the anti-permeation expense for walls, bedding and surface of the - c,: unit price for rolling and ramming I rn- sites as follows: of clay to reach a small endosmosis (VND/m'). Ccr =C tn +C +C tc ]I) * etc: expense for vegetation covering etc = S.k.[c d + c h + C, + c r + c b ] • Ctu : anti-permeation expense for walls and bedding ofthe sites: -S: area to be covered with vegetation (m'): © VIETNAM LAW & LEGAL FORUM Issue nos01·02lFebruarv 2010 OFFICIAL GAZETTE 51 (Cong Baa nos 63-64/February 1, 2010) - k: number of tree-planting holes per m' and treating acid water from the sites. (hole/m): b/ For unstable tailings dumping sites, they - ch : remuneration for digging a hole (VND/ will be formed into submerged tailings reservoirs hole); to prevent sulfide tailings from contacting the - co: unit price for planting saplings and trees air. In this case, environmental restoration (VNDlhole); expenses are similar to those mentioned above (Section 1.3), but exclude the expense for - cp : expense for fertilizer per hole (VND! rehabilitating the surface of the sites bsoause the hole); surface of tailings reservoirs is covered with a - c b : expense for tending saplings during the water layer of at least 0.3 m thick. first 3 years and planting trees in replacement of dead ones (VNDlhole); C qd = C db + C 1u + Cbb + C" - Cd: expense for rich soil per hole (VND/ * Cdb : expense for reinforcing embankments, dams and overflow gates to become permanent hole). and ensure safety for lower river sections: 2.3. Expense for environmental rehabilitation and restoration in tailings dumping sites (C qd) * C",: expense for building fences; aI For highly stable tailings dumping sites, * Cbb: expense for placing warning signboards; after completing the mining (closing the sites), to dry and cover the sites with a layer of * C,,: expense for the system for collecting permeation-proof materials or a spoil layer not and treating acid water. generating acid on the surface of the sites, which 2.4. Expense for dismantlement of supporting is a layer separating sulfide tailings from works to restore the ground (C ld ) oxidizing agents, then to cover them with surface The expense for dismantlement of supporting soil and vegetation. The expense for works upon finishing mining shall be calculated environmental restoration in tailings dumping similarly as above (Section 1.4). sites is similar to that for spoil dumping sites Note: For mines generating hazardsas wastes (Section 1.3). (e.g., spoil, tailings containing a high content of C qd = C tn + C Sg + eel + etc + e xl heavy metals, radioactive substances etc.), to * C tn : expense for forming the water drainage restore the environment like for mines at the risk system and reinforcing the discharging dam or of generating acid drainage. spillway; 3. For pit mines * C sg : expense for leveling the surface; 3.1. Expense for environmental restoration in * C expense for the surface permeation- el : pits (C h,) proof layer to prevent acids and the surface soil a/ The expense for environmental layer for soil rehabilitation; rehabilitation and restoration in case of wholly * C,,: expense for vegetation covering; filling up pits where mining has finished shall * C'I: expense for the system for collecting be calculated as follows: © VIETNAM LAW & LEGAL FORUM 58 OFFICIAL GAZETTE Issue nos 01-02/February 2010 (Gong BaD nos 63,64/February 1, 2010) Chi = Q.(C,I + C, + c) + Cb, - C,: expense for building fences or walls - Q: volume of materials used for fill-up (m'): (VND); - C,,: unit price of I m l of materials (VND/ - Cb, : additional expense for environmental rehabilitation and restoration. m'), - c,: expense for technology to fill up with I 3.2. The expense for environmental m' of materials (VND/m l ) ; restoration in spoil and tailings dumping sites and civil and industrial works shall be calculated - c,: unit price for transporting I m' of similarly as that for open-cast mining. materials (VND/mJ ) ; - Cb, : additional expense for environmental 4. For riverbed sand, gravel and spread rehabilitation and restoration. mineral exploitation: bl For pits for which, upon finishing mining, Environmental rehabilitation and restoration the pit-collapsing method is applied, since the expenses (M cp ) for riverbed sand, gravel and exploited volume of tailings and spoil has been spread mineral exploitation include the expense transported to other places, the surface in the for environmental rehabilitation and restoration mining site will sink. The environmental in areas used as warehouses and yards, makeshift rehabilitation and restoration process covers the roads and landfills for daily-life wastes, and the leveling of the ground appropriate for vegetation expense for rehabilitation of riverbeds, river covering (the environmental restoration expense banks and dike banks and dismantlement of is the same as that for open-cast mines). supporting works. The environmental c/ For pits partially or not filled up, it is still rehabilitation and restoration expenses shall be necessary to restore the environment upon calculated according to the following formula: finishing mining. To fill up pit entrances/pit wells Mcp := CSg + Csp + Cnl,' + exl + Ctd + Cbs under regulations, and build fences or walls to * C,g: expense for leveling the ground, ensure safety for people and livestock. The cleansing sand, gravel and spread minerals and environmental restoration expense shall be restoring the ground or cultivation land for the calculated as follows: areas already used as riverside warehouses and Chi = e m l + C, + C b , yards, makeshift roads linking sand warehouses - C m, : expense for filling up pit entrances or yards with roads: Csg = S.Cg (VND). When filling up pit entrances/pit wells, - S: area to be leveled (rn"): to use reinforced concrete panels or steel panels - c : unit price per rn- for leveling and g for raising the filling layer above the ground cleansing (VND/m'). surface. To reinforce places around well mouths or pits with a hard rock layer of around I m thick * C : expense for leveling and cleansing. ~ to avoid subsidence and bear an average load makeshift holes for burying daily-life wastes caused by gravity or pressure of collapse or pit during the mining process, and for rich soil for gas. To design appropriate air-ventilation pipes tree planting: C,p = S.d.(c d + cg + c) for all layers filling up well mouths/pits; - S: area of holes (m 2): © VIETNAM LAW & LEGAL FORUM Issue nos 01·02lFebruary 2010 OFFICIAL GAZETTE 59 (Gong BaD nos 63-64/February 1, 2010; - d: thickness of the rich soil layer for tree structures after riverbed sand exploitation to planting (m); restore the ground: C 1d = S.C'd - Cd: unit price of I m J of rich soil (VND/ - S: area to be dismantled (m'); m'): 2 - C'd: unit price for dismantlement (VND/m ) . - cg : unit price for shoveling and leveling soil * C b, : additional expense for environmental (VND/m J ) ; rehabilitation and restoration. - cv : unit price for transporting I m' of soil Notes: from source to holes (VND/m J ) . - The unit prices are based QI1 work * CO': expense for dredging from riverbeds construction unit prices set by localitles where mud and sand deposited in the mining process environmental rehabilitation and restoration or removing obstacles arising in the mining projects are implemented. process which obstruct traffic and change - Coefficient for leveling and dsedging (k) currents in the mining site: C,,, = Q.k.c n , depends on the characteristics of mines and - Q: volume of mud and sand deposited in mining technologies applicable to e<llb type. the mining process (m"); - Unit prices of planted treee and for - k: coefficient of the work volume to be transportation, tending and protectios.ere based dredged (%); on unit prices set the Ministry of Agrienlture and - c n , : unit price for dredging deposited mud Rural Development. and sand (VND/m'). B. Expenses for management of environ- * C,I: expense for handling and rehabilitating mental rehabilitation and restoration projects riverbank or dike-bank landslides caused by riverbed sand, gravel and spread mineral J Project management expenses (C include expenses for project management jobs from the exploitation in the mining area: C,I = Q.k.c g + stage of preparation and implementation to S.c g' completion, certification and hawl-over of - Q: volume of mud and sand discharged into projects to localities. the riverbed (m '): CqI = kq I·Mcp (VND) - k: coefficient of the work volume to be - k q l : percentage (%), which shall be leveled in the riverbed (%); determined based on the norm of project - S: area of the riverbank Or dike bank to be management expense applicable to industrial reinforced (rn"); works in the construction sector. - cg : unit price for leveling sand and pebbles - M cp : total environmental rehabilitation and in the riverbed (VND/m 3 ) ; restoration expenses as determined in Part A.- - cgc : unit price for reinforcing the riverbank * Note: Except Appendices I and 2, other or dike bank (VND/m'). appendices mentioned in this Circular are not *C'd: expense for dismantling investors' civil printed herein.- © VIETNAM LAW & LEGAL FORUM