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2. Appraisal and Approval of the plan for renovating and rehabilitating the environment in the activities of exploiting mineral _Page 1

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2. Appraisal and Approval of the plan for renovating and rehabilitating the environment in the activities of exploiting mineral
2. Appraisal and Approval of the plan for renovating and rehabilitating the environment in the activities of exploiting mineral
(In case of EIA report , follow the process of EIA appraisal )
2.1. Steps:
- Step 1: Organizations and individuals build up  their dossier for appraising  and approving the plan for renovating and rehabilitating the environment , directly adding documents or sending by post at one-stop shop of the Department of Natural Resources and Environment.
The one-stop shop officer  receives and writes a receipt note, registers, updates in file for supervision, then sends it to the environmental protection Bureau for legal processing.
- Step 2: The environmental protection Bureau will get the advice, check the completeness and validity of the dossier. If the dossier is not eligible and invalid within 3-working day limit from the day the dossier is received, The Department of Natural Resources and Environment send a notification for the establishment owner for completion as required.
- Step 3: Within 2-working day limit from the reception of the fully valid dossier, the environmental protection Bureau consult with the Department Leader for a statement submitted to Provincial People’s Committee (through the Provincial People’s Committee Office) and found a council of Appraisers for added project/project.
- Step  4: Within 3-working day limit from the reception of the statement and the dossier that The Department of Natural Resources and Environment has submitted, the Provincial People’s Committee Office advise the Provincial People’s Committee to reach the decision on founding a council of Appraisers.
- Step 5: Within 12-working day limit from the decision on founding a council of Appraisers, the Head of the council is to complete appraising the project/added project.
- Step 6: Within 2-working day limit from getting the appraisal result, the Department of Natural Resources and Environment send a written appraisal result to the organizations/individuals.
- Step 7: If the project goes through without any edition or addition, within 2-working day limit from the appraising day, the Department of Natural Resources and Environment asks the Provincial People’s Committee for approval and at the same time ask organizations/individuals to submit the appraised dossier to one-stop shop of the Department of Natural Resources and Environment.
- If the project goes through after some required edition or addition, within 30-working day limit from the day of returning appraising result, organizations/individuals are to do the edition and addition to the dossier for completion and then submit it to one-stop shop of the Department of Natural Resources and Environment. In excess of the time limit, the council of Appraisers allows the Department of Natural Resources and Environment to make a decision on annulling the appraisal result.
- If the project doesn’t go through or the appraisal result is annulled, organizations/individuals rebuild the project/added project as required.
- Step 8: Within 3-working day limit from getting the edited and added dossier according to the appraisal result, the Department of Natural Resources and Environment complete the dossier, submit to the Provincial People’s Committee for approval of the added project.
- Step 9: Within 3-working day limit from getting the fully valid dossier from the Department of Natural Resources and Environment, the Provincial People’s Committee consider it and approve as stipulated.
- Step  10: Within 2-working day limit after getting the approval decision , the environmental protection Bureau advise the department leader to certify as true on the extra cover of the approved added project and the send the approval decision enclosed with the added project book to the one-stop shop of the Department to pass 01 set to the organizations/individuals and the People’s Committee of District where the project is carried out; send the approval decision to the People’s Committee of Commune where the project is carried out; store 01 original at the Department of Natural Resources and Environment
- Step 11: Organizations/individuals get to the one-stop shop of the Department of Natural Resources and Environment for the last result as stipulated.
2.2. Implementing methods:
- Directly, at the one-stop shop of the Department of Natural Resources and Environment.
- Send by post to the one-stop shop of the Department of Natural Resources and Environment
2.3. Dossier units, quantity
- Dossier consists of:
1. 01 written proposal (format, appendix 1A)
2. Seven (07) projects  (format, appendix 2) or the added project (format, appendix 4).
3. One (01) report of environment-impact assessment or a commitment of environment protection, or a register of environment standards or a simple project of environment protection or an approved and verified detailed project of environment protection
4. A copy of the project enclosed with the Approved decision, in case of an added project
- Quantity: 01 (set).
2.4. Deadline
          - 24 working days upon the receipt of legal documents, of which the Department of Natural Resources and Environment deal with it within 18 days, the Provincial People’s Committee do it within 6 days, in case of a fully valid dossier
          - 57 working days upon the receipt of legal documents, of which the Department of Natural Resources and Environment deal with it within 21 days, the Provincial People’s Committee do it within 6 days, individuals/organizations  edit, add within 30 days, in case of an invalid dossier.
2.5. Target group: organizations/individuals  .
2.6. Implementing agencies:
- Permanent Approving Agency: the Department of Natural Resources and Environment
- Approval Agency: People’s Committee of Bac Giang
2.7. Output: Decision on project approval of environment renovation, rehabilitation/ added project approval of environment renovation.
2.8. Name of application format, declaration format:
          1.Proposal of appraisal ĐTM and CTPHMT project/ added CTPHMT project ( Index 1b Circular No 38/2015/TT-BTNMT dated 30/6/2015)
2.  Format of structure and content of the CTPHMT project /added CTPHMT project ( Index 2, Index 4 Circular No 38/2015/TT-BTNMT dated 30/6/2015);
3. Format of decision on ĐTM approval and CTPHMT project /added CTPHMT project  (Index 9B Circular No 38/2015/TT-BTNMT dated 30/6/2015);
4. Format of certifying the report on CTPHMT project /added CTPHMT project  (Index 10 Circular No 38/2015/TT-BTNMT dated 30/6/2015);
 (Circular No 38/2015/TT-BTNMT dated 30/6/2015 by the Ministry of Natural Resources and Environment)
2.9. Fees, duties: N/A.
2.10. Inquiry, conditions:
Organizations/Individuals exploiting minerals must have the project of renovating, rehabilitating the environment and submit it to the state competent authority for appraisal and approval.
2.11. Legal basis:
- Law on environment protection year 2014;
- Decree No. 19/2015/NĐ-CP dated 14/02/20115 of the Government on detailing and guiding the implementation of a number of articles of the Law on Environment Protection
- Circular No 38/2015/TT-BTNMT dated  30/6/2015 by the Ministry of Natural Resources and Environment on renovating, rehabilitating the environment during the mineral exploitation activities.
- Decision No 515/2015/QĐ-UBND dated 27/10/2015 by the Provincial People’s Committee on procedures of assessing environment–impact, plan for environment protection and plan for renovating, rehabilitating the environment during the mineral exploitation activities in the location of the province.
 
INDEX :  Form No 1B
Form of proposal for appraising the report of environment-impact assessment  and project/added project
(Issued and enclosed with Circular No 38/2015/TT-BTNMT dated 30/6 /2015 by the Ministry of Natural Resources and Environment )
 
 
(1)
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

---------------
No:...
Regarding appraising EIA report and the project of renovating, rehabilitating the environment/added project renovating, rehabilitating the environment (2)
 
 
                       (Location), date…month…year
 
To: (3)
We are(1) , investors  of (2), shall have to make a report  on environment-impact assessment  belonging to item No…. Appendix II (or item No…. Appendix  III) Decree No.
18/2015/NĐ-CP dated 14 / 02 /2015 by the Government on  strategic environment assessment, environment-impact assessment  and the plan for environment protection and project /added project targeted at  Item…..Article….… Decree No 19/2015/NĐ-CP dated 14 / 2/ 2015 the Government on detailing and guiding the implementation of a number of articles of the Law on Environment Protection and Investment project approved by …..
- Project implementing location : …;
- Contact address: …;
- Tel …; Fax:…; E-mail: … sent to (3) the dossier consisting of:
- One (01) copy of investment project (feasibility report or relevant document )
- Seven (07) reports on environment-impact assessment  of the project
- Seven (07) measures of renovating, rehabilitating the environment
We make sure of the fidelity of the statistics, documents above. If any fault, we are to blame legally under the Vietnam Law
We would like to have (3) appraise the report on environment-impact assessment  and the plan for measures of  renovating, rehabilitating the environment  /added plan for measures of renovating, rehabilitating the environment of the project.
 
Recipients
- As above;
- Save  …
Note: (1) Project owner;
(2) Full name of Project;
(3)Competent Authority appraising , approving the report on environment-impact assessment of the project  ;
(4)Authorized Representative of the project.
 
 
(4)
(Signature, full name; title and seal)
 
 
 
 

APPENDIX No 2
STRUCTURE AND GUIDELINE ON BUILDING UP THE PROJECT CONTENT OF RENOVATING AND REHABILITATING THE ENVIRONMENT
(Issued together with Circular No  38/2015/TT-BTNMT dated 30/ 6 /2015 by the Ministry of Natural Resources and Environment )
Part I:
PROJECT PRESENTATION
OPENING
Summarize components, origin, necessity of building up the project of renovating, rehabilitating the environment .
Chapter I. GENERAL  OUTLINE
I. General information
- Name of organizations /individuals:
- Contact address:
- Tel:...... Fax:.....
- Business registration certificate  (Certificate of investment registration )
- Forms of investment and project management . Forms of investment, fund source and choice of management forms, In case  management advisor is hired, it is to specify the information, address, legal attribute of the project advisory organization.
II. Basis of building up plan for renovating and rehabilitating the environment
Legal basis: Decree No 19/2015/NĐ-CP; Circular No 38/2015/TT-BTNMT; License of mineral exploitation (if any), Decision on approving of the feasibility report /investment plan, appraisal result of the establishment design, approval documents of  branch plan, construction plan, plan of business land use, decision on approving the environment-impact assessment report or a certificate of environment protection commitment and other relevant documents; regulations on estimates, unit price, norm, technical standards of mineral exploitation, environment standards applied to plans for renovating and rehabilitating the environment.
Establishment documents: Approved Plan for investing and constructing mining work , and the establishment design or appraised feasibility report . Report on environment-impact assessment or the approved/certified commitment of environment protection, document of environment  monitoring .
Specify  the name of the advisory organization, name of environment renovation and habilitation planner, name of the chairman and a list of the direct participants

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