Vietnam feasibility study - EITI
Vietnam feasibility study - EITI Vietnam feasibility study - EITI
28 fines. These contents are guided in details in the ordinance on dealing with administrative violations and guiding documents. 4. deposits for environmental recovery and rehabilitation According to the Law on Minerals, entities and individuals that are allowed to engage in mineral activities are required to perform their responsibilities for recovering and rehabilitating the environment once completed each exploitation phase or the entire mineral activities. They are also liable for any costs of environmental and land protection and rehabilitation. The expenses on protection and rehabilitation of the environment and land must be determined in the environmental impact assessment report and feasibility study report on the mineral exploitation, processing or mineral exploration project. The entities and individuals that are allowed to engage in mineral exploitation are required to deposit funds either at a Vietnamese or foreign bank that is authorized to operate in Vietnam as a guarantee for the environmental recovery and rehabilitation. An enterprise is entitled to draw cash from the Environmental Fund for serving environmental recovery and rehabilitation under the approval of the provincial or central Environmental Fund, where the enterprise registers its deposit. The deposit for environmental recovery and rehabilitation mining activities is regulated by Decision No. 71/2008/QD-TTg dated 28 May 2008. 5. social responsibility The Law on Minerals (1996) and Decision No. 219/1999/QD-TTg about the policy on the rights for protection of the local people where the minerals are exploited and processed and the protection of under-exploited mineral resources mentions support to localities where mining activities occur. However, the social responsibility of the mining company is neither specified nor required. This responsibility is performed through one of two methods: • (Local) competent state agencies determine requirements for responsibilities of the enterprises upon their application for mineral exploration and exploitation licenses. If obtaining licenses, enterprises must perform their responsibility in line with local requirements (such as labor training, contributing to the construction of public works or local culture); and • In the application file for licenses, enterprises must commit to performing their responsibility to the locality upon obtaining permission to realize mineral exploitation projects. Financial liabilities of company in mining activities are illustrated in Figure 1 below: The Extractive Industries Transparency Initiative and the Implementation Perspective of Vietnam
Survey Exploration Exploitation Processing Trading Mine closure Basic geological investigation 1.Corporate income tax 2.VAT 3.Export, import tax 4.Personal income tax TAXES 5. Tax imposed on the use of agricultural, non-agricultural land 6.Natural resources tax CENTRAL BUDGET LOCAL BUDGET 5.Environmental protection fee 4.Fee for issuing exploitation license 3.Fee for reserves evaluation 2.Fee for issuing exploration license 1.Charges of purchase, use of information 6. Fee of violation punishment (if the enterprise commits a violation) 7.Other charges and fees FEES AND CHARGES 2.Rental of land, water surface 1.Deposit for exploration 3.Deposit for environmental reclamation 4.Refund for the cost of exploration used of state budget OTHER FINANCIAL OBLIGATIONS The Extractive Industries Transparency Initiative and the Implementation Perspective of Vietnam 5.Social responsibility, commitment to the local 29 Figure 1. Financial liabilities of the mining company
- Page 1 and 2: The Extractive Industries Transpare
- Page 3: The Extractive Industries Transpare
- Page 6 and 7: 6 tAbles And FIguRes Table 1. Statu
- Page 8 and 9: 8 The Extractive Industries Transpa
- Page 10 and 11: 10 exeCutIVe summARy Vietnam has a
- Page 12 and 13: 12 EITI because it would benefit as
- Page 14 and 15: 14 cHaPTer I. OvervIew Of mIneral r
- Page 16 and 17: 16 According to calculations, oil a
- Page 18 and 19: 18 etc. The Nghi Son oil refinery c
- Page 20 and 21: 20 MOF has the role to manage these
- Page 22 and 23: 22 I.4 General cOmmenT Vietnam is d
- Page 24 and 25: 24 for collection and creation of i
- Page 26 and 27: 26 II.1.2 Tax responsibilities Tax
- Page 30 and 31: 30 II.2 - fInancIal lIaBIlITY Of TH
- Page 32 and 33: 32 Exploration Exploitation Process
- Page 34 and 35: 34 cHaPTer III. real sITuaTIOn Of T
- Page 36 and 37: 36 Payments The Extractive Industri
- Page 38 and 39: 38 • Environmental protection fee
- Page 40 and 41: 40 This is the biggest source of re
- Page 42 and 43: 42 activities. The support to fishe
- Page 44 and 45: 44 tax, personal income tax, are no
- Page 46 and 47: 46 Smith (2004) claims that transpa
- Page 48 and 49: 48 fee - collecting organizations a
- Page 50 and 51: 50 v.1 - HIsTOrY anD THe DevelOPmen
- Page 52 and 53: 52 EITI and lobbying Vietnam to imp
- Page 54 and 55: 54 EITI report of Nigeria indicates
- Page 56 and 57: 56 to 16,000 billion VND 12 ). Of t
- Page 58 and 59: 58 The extractive companies would b
- Page 60 and 61: 60 punishment once discovering the
- Page 62 and 63: 62 To clarify the way of operation
- Page 64 and 65: 64 vI.4 - cOnclusIOn In recent year
- Page 66 and 67: 66 ReFeRenCe • BP. (2010). BP Sta
- Page 68 and 69: 68 The Extractive Industries Transp
- Page 70 and 71: 70 Annex d the semi-structured ques
- Page 72 and 73: 72 Annex F data collection table of
- Page 74: 74 II. Challenges/Barriers in enfor
Survey Exploration Exploitation Processing Trading Mine closure<br />
Basic geological<br />
investigation<br />
1.Corporate income tax<br />
2.VAT<br />
3.Export, import tax<br />
4.Personal income tax<br />
TAXES<br />
5. Tax imposed on the use of agricultural, non-agricultural land<br />
6.Natural resources tax<br />
CENTRAL BUDGET<br />
LOCAL<br />
BUDGET<br />
5.Environmental<br />
protection fee<br />
4.Fee for issuing<br />
exploitation license<br />
3.Fee for reserves<br />
evaluation<br />
2.Fee for issuing<br />
exploration license<br />
1.Charges of purchase,<br />
use of information<br />
6. Fee of violation punishment (if the enterprise commits a violation)<br />
7.Other charges and fees<br />
FEES AND CHARGES<br />
2.Rental of land, water surface<br />
1.Deposit for exploration<br />
3.Deposit for environmental<br />
reclamation<br />
4.Refund for the cost of exploration<br />
used of state budget<br />
OTHER FINANCIAL<br />
OBLIGATIONS<br />
The Extractive Industries Transparency Initiative and the Implementation Perspective of <strong>Vietnam</strong><br />
5.Social responsibility, commitment to the local<br />
29<br />
Figure 1. Financial liabilities of the mining company