Decision No. 71/2008/QD-TTg on making of deposits for environmental rehabilitation and restoration in mineral exploitation activities

Article 2.- Interpretation of tenus AND RESTORATION IN MINERAL EXPLOITATIONACTIVITIES In this Decision, the terms below areconstrued as follows: THE PRIMEMINISTER 1. Make a deposit for environmental rehabilitation and restoration means thata licensed Pursuant to the December 25,2001 Law on mineral exploiter deposits a specified sum of Organization of the Government; money for a certain period into the Vietnam Environmental Protection Fund or a local Pursuant to the November 29, 2005 Law on Environmental Protection; Environmental Protection Fund (beloweellectively referred to as Environmental Protectiee Fund) in Pursuant to the March 20, 1996 Law on order to financially secure post-mining Minerals and the June 14, 2005 Law Amending environmental rehabilitation and restoeetion. and Supplementing a Number ofArticles of the 2. Environmental rehabilitation and restoration Law on Minerals; means activities to rehabilitate and sestore the Pursuant to the Governments Decree No. 160/ environment to meet post-mining environmental 2005/ND-CP of December 27, 2005, detailing rehabilitation and restoration reqUirements and guiding the implementation of the Law on specified in Appendix 1 to this Decision. Minerals and the Law Amending and 3.Environmentalrehabilitationand restoration Supplementing a Number ofArticles ofthe Law project means a project formulated bya licensed on Minerals; mineral exploiter in order to rehabilitate and restore At the proposal of the Minister of Natural the environment after exploiting minerals and Resources and Environment, submitted to a competent agency for approval.An enviromnental rehabilitation and restoration project DECIDES: maybe enclosed, considered and approved together with the: consideration and approval/certification Chapter I of environmental impact assessment reports, environmental protection commitments and GENERAL PROVISIONS environmental protection schemes.

Article 1,- Governing scope and subjects of 4. Agency competent to approve environmental © VIETNAM LAW & LE AL FORUM 8 OFFICIAL GAZETTE Issue nosO4-05IJune 2008 (GOng Bao nos 343-3441June 11, 2008) rehabilitation and restoration projects means an restoration requirements specified in Appendix 1 agency competent to approve environmental to this Decision and be conducted under impact assessment reports orcertify environmental environmental rehabilitation and restoration protection commitments and environmental projects already approved by competent agencies. protection schemes. Agencies competent to

Article 6.- Depositors approve environmental rehabilitation and restoration projectsare alsocompetentto examine 1. Before exploiting minerals, all licensed and certify the completion of environmental mineral exploiters shall make environmental rehabilitationand restoration. rehabilitation and restoration deposits into Environmental Protection Funds.

Article 3.· Purposes and principles of 2. Mineral exploiters that have not yet made depositing environmental rehabilitation and restoration 1.Depositingaims to ensure financial sources deposits shall make deposits according to the for rehabilitating and restoring the environment following regulations: after mineral exploitation activitiesare conducted aI Mineral exploiters that have prepared by mineralexploiters according to law. environmental impact assessment reports which, 2. Adeposit must be at leastequal to the actual however, have no environmental rehabilitation and cost for post-miningenvironmental rehabilitation restoration contents or estimates, shall also and restoration. formulate environmental rehabilitation and restoration projects and submit them to competent ArtU:~4.- Deposit recipients agencies for evaluation and approval. Environmental Protection Funds may receive bl Mineral exploiters that have made deposits oflicensed mineral exploiters. environmental protection commitments which,

Article 5.- Post-mining environmental however, have no environmental rehabilitation and rehabilitation and restoration requirements restoration contents or cost estimates, shall also formulate environmental rehabilitation and 1. Lieensed mineral exploiters must have restoration projects and submit them to competent environmental rehabilitation and restoration agencies for evaluation and approval. projects. Mineral exploiters shall, based on the 3. Organizations and individuals that have requiremeets specified in Appendix I to this construction investment projects and are licensed Decision and specific characteristics of their by competent state agencies to exploit minerals in mineral exploitation activities, formulate areas covered by those projects are not required to environmental rehabilitation and restoration make environmental rehabilitation and restoration projects and submit them to competent agencies deposits. for approval. 2. Post-mining environmental rehabilitationand Chapter II restoration must ensure that each element of the BASES FORAND METHODS OF natural environment such as soil, water, vegetation DETERMINING DEPOSITS cover or landscape ofthe whole orpart of a mined area satisfies environmental rehabilitation and Articie 7.- Bases for determining deposits © VIETNAM LAW & EGAL FORUM Issue nos 04-05JJune 2008 OFFICIAL GAZETTE 9 (GOng Baa nos 343-344/June 11, 2008) 1. Deposits shall be calculated based on the Tbbeing the duration anticipated in the investment exploitation scope, adverse impacts on the report and environmental impact assessmentreport. environment, specific characteristics of the 3. In case a mineral exploitation license has a exploited mine areas and expenses necessary for tenn ofless than 3 (threejyears, a lump-sumdeposit post-mining environmental rehabilitation and must be made. The level ofdeposit is equal to 100% restoration. Deposits shall be specified in (one hundred per cent) of the estimated total cost environmental rehabilitation and restoration for environmental rehabilitation under the projects already evaluated and approved by environmental rehabilitation and restoration project competent agencies. already evaluated and approved by a competent 2. Deposits shall be calculated on the basis of agency. the most adverse impacts expected to be caused 4. In case a mineral exploitation license has a by mineral exploitation activities to the eco- term of 3 (three) or more years, deposit! may be environment. made in installments. 3. Environmental rehabilitation and restoration af The first deposit installment is seecified as deposit is a sum of money to fmancially secure follows: environmental rehabilitation and restoration during - For projects with a licensed term {T g) ofless and after mineral exploitation. Actual sums of than 10 years, the first deposit installrreat is equal money for environmental rehabilitation and to 25% (twenty five percent) ofthe to-be-deposited restoration depend on environmental rehabilitation sum; and restoration projects and activities actually carried out by owners of mineral exploitation - For projects with a licensed tenn (Tg) of projects in order to rehabilitate and restore the between 10 and under 20 years, the first deposit environment installment is equal to 20% (twenty per cent) of the to-be-deposited sum;

Article8.- Methods ofcalculating deposits and - Forprojects with a licensed tenn (T'!)of20 or modes ofdepositing more years, the first deposit installmenfis equal to 1. Adeposit is the total cost for environmental 15% (fifteen percent) ofthe to-be-deposited sum. rehabilitation and restoration specified in Appendix b! Each subsequent deposit installment is the 2 to this Decision. to-be-deposited sum minus the fit:s1 deposit 2. In case the licensed mining duration is installment, and equally divided by thenanaining different from the duration anticipated in the years of the licensed term. investment report and environmental impact 5. In cases in which they are permitted to make assessment report, a deposit is the total deposits in installments, mineral exploiters may environmental rehabilitation and restoration cost opt to make a lump-sum deposit for the whole multiplied by the coefficient of time T. licensed mineral-exploitation term. Tg 6. In case of extension of the exploitation T=--- duration, mineral exploiters shall formulate Tb additional projects on enviromnental rehabilitation With Tgbeing the licensed mining duration and and restoration and make additional deposits for © VIETNAM LAW & LE AL FORU 10 OFFICIAL GAZETTE Issue nosQ4.Q51June 2008 (Cong BaD nos 343·3441June 11, 20(8) extended exploitationactivities. deposits are made. Deposits bear interests like demand deposits from the time of making. Chapter III 4. After receiving deposits, Environmental ORDER OFAND PROCEDURES FOR Protection Funds shall certify mineral exploiters' DEPOSITING depositing and, at the same time, notify it to agencies competent to approve environmental

Article 9.- Timeof depositing rehabilitation and restoration projects and state 1. Licensed mineral exploiters shall make the agencies competent to grant mineral exploitation first deposit installment 30 (thirty) days before licenses. commencing mineral exploitation activities. Chapter IV 2. Operationalmineral exploiters that have not yet made- environmental rehabilitation and MANAGEMENT AND USE OF DEPOSITS restoralU;m deposits under Clause 2, Article 6 of this Decision shall formulate environmental Article 11.- Dossier, order and procedures for rehabilitation and restoration projects and submit certifying the completion of environmental them to competent agencies for evaluation and rehabilitation and restoration approval, and make environmental rehabilitation 1. After completing environmental and restoration depositsbeforeDecember 31,2008. rehabilitation and restoration, mineral exploiters 3. When deposits are made in installments, shall compile and send dossiers requesting installments from the secondtime on must be made certification of the completion of environmental before Jarwary 31 of the subsequent year. rehabilitation and restoration contents to agencies competent to approve enviromnental rehabilitation 4. In case of extension of the exploitation and restoration projects. A dossier comprises: duration. an additional deposit mustbe made within 30 (thirty) days after the receipt of the extended aJ A report on results of the project on post- exploitation license. mining environmental rehabilitation and restoration, which also requests the competent Articte 10.· Order of and procedures for agency which has approved the project to certify depositing the completion ofenvironmental rehabilitation and 1. Licensed mineral exploiters shall carry out restoration; depositing procedures at Environmental Protection bIA report on community consultation on the Funds. completion of post-mining environmental 2. Depositors shall pay depositing service rehabilitation and restoration. charges to Environmental Protection Funds in 2. Community consultation shall be held as accordance with law. follows: 3. Deposits shall be made, paid and accounted a/Mineral exploiters shall send written notices in Vietnamdong.Incase they are made in a foreign of completed environmental rehabilitation and currency, they must be converted into Vietnam restoration contents to People's Committees of dong according to the regulations of the communes, wards ortownships (below collectively Environmental Protection Food into which the referred to as commune-level People's © VIETNAM LAW & EGAL FORUM Issue nos O4-OSIJune 2008 OFFICIAL GAZETTE 11 (COng BaD nos 343-3441June 11, 2(08) Committees) and Fatherland Front Committees of bl The inspection and consideration for communes, wards ortownships (below col1ectively certification of the performance ofcontents of an referred to as commune-level Fatherland Front environmental rehabilitationand restoration project Committees) where minerals areexploited fortheir cover: written opinions; - Studying and examining the certification bl In case the commune-level People's application dossier submitted by the mineral Committee or Fatherland Front Committee ofthe exploiter; locality where minerals are exploited requests a - Conducting inspection at theprojectexecution dialogue, the mineral exploiter shall coordinate site. with the former in holding such a dialogue. cl Inspection results must be recorded in a Dialogue results shall be recorded in a minutes, minutes signed by representatives or agencies fully reflecting the discussed opinionsand opinions joining the inspection team, the minerai exploiter accepted or rejected by the mineral exploiter. The and a representative ofthe local administration. minutes must be signed (with full names and 4. Technical appraisal of environmental positions) by the personpresiding over the dialogue rehabilitation and restoration works and the mineral exploiter, enclosed with a list of dialogue attendants; at Technical appraisal of environmental rehabilitation and restoration worn shall be d Copies of written opinions of commune-level conducted in accordance with law; People's Committees and Fatherland Front Committees of localities where minerals are hi Mineral exploiters may invite independent exploited, dialogue minutes as well as other technical appraisal agencies to conduct the documents (if any) must be enclosed with reports appraisal; on community consultations on the completion of cI Technical appraisal expenses shall be post-mining environmental rehabilitation and accounted as post-mining environmental restoration. rehabilitation and restoration expenses. 3. Inspection and certification of environmental 5. Certification of the performance of rehabilitation and restoration environmental rehabilitation and restoration contents af Competent agencies shall decide on the setting up of inspection teams. A team for afA certificate of the completion ofeMcontents inspecting the execution of an environmental of an environmental rehabilitation and restoration rehabilitation and restoration project consists of project shall be issued by a competent ~ency; representatives of the local administration, the local b1Within 3 (three) working days after receiving natural resources and environment agency and the a dossier, the agency with inspection and mineral exploitation licensing agency. When certification competence shall examine the necessary, the agency with inspection and dossier'scompleteness and validity and requestthe certification competence may invite a consultancy mineral exploiter to modify or supplement the agency specialized in technical appraisal of dossier if it is incomplete or invalid; environmental rehabilitation and restoration works cl Within 20 (twenty) working days after to join the inspection team. receiving a complete and valid dossier, the agency © VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos lJ4.05IJune 2008 (Cong 8ao nos 343-3441June 1" 2008) with inspectionand certificationcompetence shall restoration. Mineral exploiters shall continue to be issue acertificate of the completionofthe contents held answerable for the quality of environmental of an environmental rehabilitationand restoration rehabilitation and restoration projects to meet project to the applicant. The duration for setting environmental rehabilitation and restoration up an inspection team and inspecting the requirements specified in Appendix 1 to this completion of the contents of an environmental Decision until they are allowed to make the last rehabilitationand restorationproject is not included withdrawal of money. in the above 20-working day time limit. 3. In case mineral exploiters havemadedeposits dl Five years after the completion of but fail to rehabilitate and restore the environment environmentalrestoration works which have been or are then dissolved or go bankrupt, agencies properly maintained under the approved competent to approve environmental rehabilitation environmental rehabilitation and restoration and restoration projects shall decide to pennit the project, the agency competent to approve use of the deposits for environmental restoration environmental rehabilitation and restoration and select units to restore the environment in projects shall inspectand certify the completion of accordance with law. an contents of such project. After receiving the certification, mineral exploiters may make the last 4. Five years after completing environmental withdrawal of money under Clause 2, Article 12 rehabilitation and restoration, mineral exploiters of this Decision. shall compile dossiers of application for deposit e/ If pot certifying the completion of refund. A dossier comprises: environmental rehabilitation and restoration alAn application for withdrawal ofthe deposit contents, within 20 (twenty) working days as for environmental rehabilitation and restoration prescribed at Point c, Clause 5 of this Article, during mineral exploitation; agencies with inspection and certification hi Acompetent inspection agency's document competence shall notify in writing mineral certifying the mineral exploiter's fulfillment of exploiters ofthe reason for non-cettification. environmental rehabilitation and restoration Arti£1e 12.- Use of deposits obligations according to law. 5. Within 5 (five) working days after receiving 1. Deposits must be used properly for post- mining environmental rehabilitation and a valid dossier specified in Clause 4 ofthis Article, restoratica. After having partially or wholly Environmental Protection Funds shall completely completed environmental rehabilitation and refund deposits and close deposit accounts and, at restoration, mineral exploiters may withdraw part the same time, notify such in writing to agencies or the whole of the deposits from Environmental competent to approve environmental rehabilitation Protection Funds in accordance with Clause 2 of and restoration projects. this Article. 6. Mineral exploiters may withdraw interests 2. The last withdrawal ofmoney may be made on their deposits without having to get certification 5 (five) years after a mineral exploiter is certified of agencies with inspection and certification to have completed environmental rehabilitation and competence. © VIETNAM LAW & LEGAL FORUM Issue nos 04-05lJune 2008 OFFiCiAL GAZETTE 13 (GOng Bao nos 343-3441June 11, 2008) Chapter V mineral exploiters. RESPONsmILITIES OF MANAGING 3. To inspect according to their competence AGENCIES AND UNITS mineral exploiters in making deposits and conducting environmental rehabilitation and

Article 13.- Responsibilities ofthe Ministry of restoration. Natural Resources and Environment 4. To annually report to the Ministry ofNatural 1. To evaluate and approve environmental Resources and Environment on the making of rehabilitation and restoration projects according to deposits and the environmental rehabilUntioo and its competence. To send dossiers of approval of restoration by mineral exploiters. environmental rehabilitation and restoration projects to People's Committees of provinces or Article 15.- Responsibilities ofprovincial-level centrally run cities (below collectively referred to People's Committees as provincial-level People's Committees) where 1. To evaluate and approve envtrenmental concerned organizations and individuals exploit rehabilitation and restoration projects according to minerals for inspection and supervision. their competence. 2. To inspect and certify the completion of 2. To inspect and certify the completion of environmental rehabilitation and restoration environmental rehabilitation and restoration projects it has approved at the proposal of mineral projects they have approved at the proposal of exploiters. mineral exploiters. 3. To inspect and guide the making ofdeposits 3. To inspect and guide according to their and environmental rehabilitation and restoration. competence mineral exploiters in making deposits 4 .To send annual reports to the Prime Minister. and conducting environmental rehabilttation and restoration.

Article 14.- Responsibilities of ministries, ministerial-level agencies and government- 4. To annually report to the Ministry ofNatural attached agencies Resources and Environment on the making of deposits and the environmental rehabiliiation and 1. To evaluate and approve environmental restoration by mineral exploiters. rehabilitation and restoration projects according to their competence. To send dossiers of approval of Article 16.- Responsibilities of People's environmental rehabilitation and restoration Committees of districts,towns and provincial cities projects to provincial-level People's Committees (below collectively referred to as district-level of localities where concerned organizations and People's Committees) individuals exploit minerals for inspection and 1. To evaluate and approve environmental supervision. rehabilitation and restoration projects according to 2. To inspect and certify the completion of their competence. To send dossiers ofapproval of environmental rehabilitation and restoration environmental rehabilitation and restoration projects they have approved at the proposal of projects to provincial-level People's Committees © VIETNAM LAW & LEGAL FORUM 14 OFFICIAL GPZETTE Issue nos O4-05IJune 2008 (Cong BaD fIOS 343-3441June 11, 200SJ for inspection and supervision. 1. To fannulate post-mining environmental rehabilitation and restoration projects and submit 2. To inspect and certify the completion of them to competent authorities for evaluation and environmental rehabilitation and restoration approval. projects they have approved at the proposal of mineral exploiters. 2. To notify the contents of approved 3. To inspect and guide according to their environmental rehabilitation and restoration competencemineralexploitersin making deposits projects to commune-level People's Committees and conducting environmental rehabilitation and and Fatherland Front Committees of localities restoration. where minerals are exploited for inspection and supervision. 4. To annually report to provincial-level People's Committees on the making of deposits 3. To make environmental rehabilitation and and theenvironmental rehabilitation and restoration restoration deposits under this Decision. by mineral exploiters. 4. To rehabilitate and restore the environment

Article 17.- Responsibilities of Environmental under approved environmental rehabilitation and Protection Funds restoration projects. 1.Toreceivedepositsmadeby licensedmineral 5. Incaseamineral exploiterretwns themineral exploitation license or has it revoked, if the exploiters, to certify in writing depositors' depositing.keep documentsrelated todepositing, deposited sum of money is bigger than the sum actually used for environmental rehabilitation and and pay depositsaccordingto current regulations. restoration, the difference shall be refunded to the 2.To pay depositsto eligibleorganizationsand depositor. The refund shall be made only after there individuals. accordingto regulations. The Vietnam is a certificate ofthe completion ofenvironmental Environmental Protection Fund shall report to the rehabilitation and restoration. If the deposited sum Ministry of Natural Resources and Environment of money is smaller than the sum actually used for while locefBnvironmental Protection Funds shall environmental rehabilitation and restoration, the report toprovincial-level People's Committees on mineral exploiter shall additionally pay the the collection, refund and management of difference into the Environmental Protection Fund environmental rehabilitation and restoration where the deposit has been made. depositseecording to regulations. 6. Within 5 (five) years after completing 3. To pay deposit interests to depositors environmental rehabilitation and restoration, according to current regulations. mineral exploiters shall continue to be held 4. To urge mineral exploiters to rnakedeposits answerable for the quality of environmental on time. Topropose competent authorities to issue rehabilitation and restoration projects; when decisions on sanctioning late depositors. environmental incidents occur in places where environmental rehabilitation and restoration have

Article 18.- Responsibilities of mineral been conducted, they shall pay for remedying the exploiters incidents. © VIETNAM LAW & LEGAL FORUM Issue nos04-05lJune 2008 OFFiCiAL GAZETTE 15 (GOng BaD nos 343-344IJune 11, 2008) Chapter VI environmental rehabilitation and restoration projects that violate the provisions ofthis Decision HANDLING OF VIOLATIONS shall be disciplined in accordance with the law on

Article 19.· For mineral exploiters cadres and public employees and relevant laws. 1. Mineral exploiters that fail to make deposits Chapter VII shall be suspended from operation or have their IMPLEMENTATION PROVISIONS mineral exploitation licenses revoked according to the law on minerals; beadministratively sanctioned

Article 22.-Effect and shall remedy consequences caused to the environment in accordance with law. 1. This Decision takes effect 15 ~ after its publication in "CONG BAO." To eseul Joint 2. Mineral exploiters that fail to properly Circular No. lZ61l999/TTLT-BTC-BCN- rehabilitate and restore the environment under BKHCNMT ofOctober 22, 1999,oftheiMinistry approved environmental rehabilitation and of Finance, the Ministry of Industry and the restoration projects shall be administratively Ministry ofScience, Technology and Emfromnent, handled according to law. on making deposits for environmental restoration 3. Mineral exploiters that make late deposits as during mineral exploitation. compared to the time ofmaking deposits specified 2. Particularly, theenvirorunental rehabilitation inArticle 9 of this Decision shall pay a fine equal and restoration conducted after the exploration and to 150% of the deposit interest calculated at the exploitation of petroleum and gas m\.lit comply time of late depositing. with the Prime Minister's Decision Ne. 4W12OO7/ QD-ITg ofMarch 21, 2007. onclearance offixed

Article 20.- For Environmental Protection structures, equipment and means for eH and gas Funds activities, and is not governed by this Desisicn. I. Environmental Protection Funds which fail Article 23.- Organization ofimplernentation to observe the provisions of this Decision or intentionally act in contravention of the provisions 1. Ministers, heads ofministerial-level agencies, on credit deposits shau be administratively handled heads ofgovernment-attached agencies,.:presidents ofprovincial-level People's Committees, mineral in accordance with law. exploiters, Environmental Protection Fttnds, and 2. Violations committed by Environmental concerned organizations and indiviauals shall Protection Funds shall be handled in accordance implement this Decision. with the law on sanctioning of violations in the 2. The Ministry of Natural Resources and financial and banking sectors. Environment shall assume the prime responsibility Artirle21.- For agencies competent to approve, for, and coordinate with concerned ministries, inspect and certify environmental rehabilitation and branches and localities in, guiding and organizing restoration projects the implementation ofthis Decision. Cadres, public employees and agencies Prime Minister competent to approve, inspect and certify NGUYEN TAN DUNG © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issue nos O4-05IJune 2008 (Gong Baa nos 343-3441June 11, 2(08)

Appendix 1 fJ Other feasible forms ofrestoration. POST·MINING ENVIRONMENTAL 2. For open-cast mines threatening to generate REHABILITATION AND RESTORATION acid mine drainage: REQUIREMENTS Mines of solid minerals containing sulfide (Attached to the Prime Minister's Decision No. mineral components all pose a risk of generating 71!2oo8lQD-TTg ofMay 29, 2008) acid mine drainage. Environmental restoration for those mines should be conducted in a way to Post-mining environmental rehabilitation and remedy short-term as well as long-term restoration cover the following jobs: consequences ofacid mine drainage. 1. For open-cast mines not threatening to a/Per mines taking the shape ofpits: To fill up generate acid mine drainage: the ground to the original state, if possible, then e/Formines taking the shape of pit deep in the cover the whole filled-up area with a layer of natural ground: To fill up the pits to the original materials oflow permeability and ram this layer to ground level, if possible, or create water reservoirs an endosmosis of below I x 1(J6 cmls, then surface with surrounding embankments to keep animals the area with soil and vegetation. If not filling up away; the ground, to submerge the area permanently in order to prevent oxidizing agents; to build b1Formines taking a shape other than pits: To embankments topreventanimals and people from fill them up for planting trees or changing their entering as for mines not threatening to generate land use purposes; acid mine drainage; clForspoil sites: High spoil heaps mustbe cut b/For mines taking a shape other than pits: To and leveled into layers, creating the slope of the level the ground and cover it with a layer of sites and layers, and appropriate water drainage materials of low endosmosis, then ram this layer works must be built immediately during to a degree of permeability below I x 10-6cmls, exploitation. Upon finishing exploitation, to level then cover it with vegetation or change land use the spoil sites, and take measures to prevent purposes; collapse, subsidence and slide, and cover all ofthe sites' layers and tops with topsoil and vegetation; cl Por spoil sites: To reinforce the site's if the spoil is discharged into a valley, the spoil foundation and walls with materials of low must be leveled and covered with topsoil in order endosmosis, then ram the foundation and walls to to cover them with vegetation; or take other a degree of permeability below 1 x 1(J6 cmlsright measures suitable to topographical characteristics; before and during mining. After finishing the exploitation, to level and cover the site with a layer dJ For tailings dumping sites: To form of materials oflow permeability, then ramthis layer appropriate water drainage systems; to level the to reach a degree of permeability below 1 x 10-6 dumping sites, cover them with topsoil and cmls, then cover it with soil and vegetation; vegetation or restore the cultivation area, if possible; eI For industrial and civil structures serving dl Tailings dumping sites threatening to generate acid mine drainage shall be treated mining which are no longer useful: To dismantle them in order to return the ground or change their similarly as above; use purposes; e/The thickness of the anti-absorption clay layer © VIETNAM LAW & LEGAL FORUM Issue nosQ4-05fJune 200S OffiCIAL GAZETTE 17 (COng BaD nos 343·344/June 11, 2(08) or cover to prevent the spread of acidmine drainage Appendix 2 into the environment must be at least 60 ern; METHODS OFESTIMATING fl For industrial and civil structures serving ENVIRONMENTAL REHABILITATION mining which are no longer useful: To dismantle AND RESTORATION COSTS them in order to return the ground or change their (Attached to the Prime Ministers Decision No. usepurposes; 7112008lQD-ITg afMay 29,2008) gI Other feasible fonns ofrestoration. The total estimate for environmental 3. For pit mines: rehabilitation and restoration are the total of the aI To fill up the pits according to pit-mining following costs'U: regulations; 1. Cost for storing surface soil, inclLJ.ding the bI For mined areas under construction works, cost for construction ofseparate storage sites next cities, towns or residential areas prone to collapse to or inside spoil sites. This cost is not required for or subsidence where the pit-filling method is mines where there is only surface soil butnot spoil; applied, to fill all the remaining pits after finishing 2. Cost for ground leveling after finishing exploitation in order to maintain works on the exploitation in places in which the ground should surface; be restored such as industrial yards, mining pits, spoil sites and other works of mines; cl For spoil and tailings dumping sites as well as civil and industrial works, to restore the 3. Cost for consolidating mine banks after environment as for-open-cast mining; finishing exploitation, including the cost for creating mine bank slope according to open-cast dJ Other feasible forms ofrestoration. mining regulations, and the cost for planting trees 4. Forriverbed sand, gravel and spread mineral to stabilize mine banks in weak-soil areas; exploitation: 4. Cost for dismantling existingstructureson the aI To level the ground and clean up sand in groundwhich are no longerusefulupon mireclcsure; order to return the ground or cultivation land for 5. For mined areas with open mining pits, cost areas already used as riverside warehouses and for building dikes to prevent people and animals yards ormakeshift roads linking sand warehouses from approaching the pits after expldtration and or yards with public roads; cost for building water drainage systems for the pits. In protectable places, this cost may beused to blTo level and clean up makeshift landfills for erect permanent fences or densely plant trees on burying daily-life wastes during the mining dikes and place signboards around dangerous pit process; areas. These signboards will exist permanently, clTo dismantle investors' civil structures after clearly indicating the depth of pits and whether or the riverbed sand exploitation in order to return not swimming in pits is allowed; the ground for localities; 6. For pit mines, cost for filling up entrances d1To deal with riverside or dike-bank erosion into mines or feeder pits (when necessary) caused by riverbed sand, gravel or spread mineral according to pit mining regulations; exploitation (ifany); 7. Cost for filling up pits in places where e/ Other feasible forms ofrestoration. geological conditions are weak and there are to- © VIETNAM LAW & LEGAL fORUM 18 OFFICIAL GI,ZETTE Issue nosO4-05IJune 2008 (Gong Bao nos 343-3441June 11, 2008) be-protected structures on the ground surface; 8. Cost for transporting surface soil to places wheretheenvironment is restoredwith a vegetation cover, including the cost for leveling the ground for vegetation; 9. Tree-planting cost, including the cost for purchasing seedlings, digging holes for planting trees, manuring and tending trees during the first 2-5 years, and planting other trees in replacement of dead ones; 10.CoM for preventing acid mine drainage for sulfide mineral mines, including: - Cost for building foundations and embank- ments forspoiland tailingssitesbefore production in ordertoprevent permeation into groundwater; - Cost for securely covering, according to standards, spoil or tailings sites with materials of low permeability or making them submerged permanently; - Cost for reinforcing dams of tailings sites to become permanent if choosing the option to make these site:ssubmerged permanently. - Cost for covering spoil sites with vegetation if choosing to fill up the sites with materialsoflow permeability. 11.Administrative expenses for environmental rehabilitation and restoration work under current regulations; 12. Expenses for formulating environmental rehabilit:atirJn and restoration projects, coveringalso evaluaren, design and approval expenses; 13. Other expenses (if any).- (I) Costs are calculated based on norms applicable to relevant branches in localities where mining activities are carried out. When calculating each of the above costs, it is necessary to apply the price increase coefficient for each type of activity. If there are not yet regulations on price increase coefficient, coefficient I will apply. © VIETNAM LAW & LEGAL FORUM