Vietnam: What is the appraisal fee of a scheme for environmental remediation and improvement during mineral mining in 2023?
- What are the regulations on formulating and approving a scheme for environmental remediation and improvement during mineral mining in Vietnam?
- What is the appraisal fee of a scheme for environmental remediation and improvement during mineral mining in 2023?
- What are the regulations on managing and using the collected appraisal fees of schemes for environmental remediation and improvement in Vietnam?
What are the regulations on formulating and approving a scheme for environmental remediation and improvement during mineral mining in Vietnam?
The formulation and approval of a scheme for environmental remediation and improvement during mineral mining in Vietnam are specified in Clause 1 Article 36 of Decree 08/2022/ND-CP as follows:
- The owner of the mineral mining project specified in point a clause 2 Article 67 of the LEP shall formulate an environmental remediation and improvement scheme during EIA and be appraised during the appraisal of EIAR;
- The owner of the mineral mining facility specified in point b clause 2 Article 67 of the LEP operating before the effective date of this Decree but failing to have an environmental remediation and improvement scheme as prescribed shall incur penalties for administrative violations against regulations on environmental protection. If the facility is required to obtain an environmental license, prepare an application for issuance of an environmental license consisting of an environmental remediation and improvement scheme which will be appraised during the appraisal of the application for issuance of an environmental license; if the facility is not required to obtain an environmental license, prepare an environmental remediation and improvement scheme which will be appraised as prescribed in clauses 2 through 9 of this Article;
- If the owner of the mineral mining facility specified in point b clause 2 Article 67 of the LEP that is required to obtain an environmental license change any environmental improvement and remediation content specified in the approved plan, prepare an application for issuance of environmental license consisting of an environmental remediation and improvement scheme which contains the change(s) and will be appraised during the appraisal of the application for issuance of environmental license;
If the facility is not required to obtain an environmental license, prepare an environmental remediation and improvement scheme which will be appraised as prescribed in clauses 2 through 9 of Article 36 of Decree 08/2022/ND-CP;
- The owner of the mineral mining facility specified in point c clause 2 Article 67 of the LEP shall formulate an environmental remediation and improvement scheme which is part of the mine closure plan for the mineral mining project and will be appraised during the appraisal of the mine closure plan.
What is the appraisal fee of a scheme for environmental remediation and improvement during mineral mining in 2023?
The appraisal fee of a scheme for environmental remediation and improvement during mineral mining in Vietnam is specified in Article 3 of Circular 07/2023/TT-BTC as follows:
No. | Total project investment capital (billion VND) | Fee (million VND) |
1 | Up to 10 | 6,0 |
2 | Over 10 to 20 | 9,0 |
3 | Over 20 to 50 | 15,0 |
4 | Over 50 to 100 | 27,0 |
5 | Over 100 to 200 | 30,0 |
6 | Over 200 to 500 | 39,0 |
7 | Over 500 to 1,000 | 44,0 |
8 | Over 1,000 to 1,500 | 48,0 |
9 | Over 1,500 to 2,000 | 49,0 |
10 | Over 2,000 to 3,000 | 51,0 |
11 | Over 3,000 to 5,000 | 53,0 |
12 | Over 5,000 to 7,000 | 56,0 |
13 | Over 7,000 | 61,0 |
What are the regulations on managing and using the collected appraisal fees of schemes for environmental remediation and improvement in Vietnam?
Pursuant to Article 5 of Circular 07/2023/TT-BTC on managing and using the collected appraisal fees of schemes for environmental remediation and improvement in Vietnam as follows:
- Fee-collecting organizations must pay 100% of the fees collected to the state budget. The funding source for the appraisal and collection of fees shall be allocated by the state budget in the estimates of fee-collecting organizations according to the regime and norms of state budget expenditures in accordance with the law.
- In case the fee-collecting organization is a state agency that is allocated operating funds from collected fees as prescribed in Clause 1 Article 4 of the Government's Decree 120/2016/ND-CP dated August 23, 2016 detailing and guiding the implementation of a number of articles of the Law on Fees and Charges, it shall be deducted 70% of the total amount of collect fees to pay the appraisal and fee collection and pay 30% of the total amount of collected fees to the state budget.
+ The left amount is managed and used according to the provisions of Article 5 of Decree 120/2016/ND-CP.
++ In particular, other expenses related to the appraisal and fee collection include expenses for inspection and evaluation at the establishment, at the project implementation site, and expenses for holding meetings of the appraisal council (expenses for collecting opinions, appraisal comments, and appraisal reports).
++ The expenditure norms are prescribed in Circular 02/2017 / TT-BTC dated January 06, 01 of the Minister of Finance guiding the management of funding for environmental protection.
+ After finalizing revenues and expenditures in accordance with the regime, the unused left amount is transferred to the next year to continue implementing expenditures according to the prescribed regime; after 02 years, the transferred fee amount is not used, it must be paid in full to the State budget.
Circular 07/2023/TT-BTC will take effect from March 20, 2023.
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