Vietnam feasibility study - EITI

Vietnam feasibility study - EITI Vietnam feasibility study - EITI

28.07.2013 Views

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

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

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