Information on the Gold Mining Project on Pu Phen Mountain within the Western Nghe An Biosphere Reserve - a special National Natural Heritage recognized by UNESCO is stated in Document No. 9389/STNMT-BVMT dated December 29, 2023 of the Department of Natural Resources and Environment.
The reason why the Department of Natural Resources and Environment has Document No. 9389/STNMT-BVMT sent to the Provincial People's Committee is because previously, on December 6, 2023, the Ministry of Natural Resources and Environment issued Document No. 10340/BTNMTKSVN requesting the Provincial People's Committee to direct relevant professional agencies and localities to continue to allow and guide and support Thu Do Construction and General Trading Joint Stock Company to complete issues related to the Environmental Impact Assessment Report (EIA) of the Pu Phen Mountain Gold Mining Project to submit to competent authorities for approval, and soon put the mine into operation. Also here, the Ministry of Natural Resources and Environment commented: "In case of disagreement on organizing community consultation, the project is not qualified to continue implementation, the People's Committee of Nghe An province is requested to direct specialized agencies to consider and resolve the project's issues according to the provisions of the law on investment, on that basis, the Ministry of Natural Resources and Environment will direct consideration and continue to resolve according to the provisions of the law on minerals and related laws".
To implement the contents of the Ministry of Natural Resources and Environment's guidance in Official Dispatch No. 10544/UBND-NN dated December 8, 2023, the Provincial People's Committee assigned the Department of Natural Resources and Environment to review and advise on the Document for implementation of the directive. Reviewing the provisions of the law, especially the provisions on environmental protection, the Department of Natural Resources and Environment issued Document No. 9389/STNMT-BVMT reporting to the Provincial People's Committee the following contents:
The project's environmental impact assessment report was approved in Decision No. 2001/QD-UBND.DC dated May 22, 2013. Because the project was not implemented within 24 months from the time the environmental impact assessment report was approved by the competent authority, it expired on May 23, 2015. According to the provisions of the Law on Environmental Protection 2020 and Decree No. 08/2022/ND-CP, the project is subject to the preparation of an EIA Report for submission to the Ministry of Natural Resources and Environment for appraisal and approval.
Implementing the direction of the Provincial People's Committee on handling slow-progressing projects in Official Dispatch No. 6179/UBND-CN dated August 25, 2021 and Official Dispatch No. 9556/UBND-CN dated December 7, 2021, the Department of Natural Resources and Environment has issued 2 Official Dispatches since 2021 requesting the General Department of Geology and Minerals of Vietnam (now the Department of Minerals of Vietnam) to revoke the Mineral Exploitation License due to the project's slow progress.
The Investment Project for the construction of a gold mine in Yen Na - Yen Tinh commune, Tuong Duong district, Nghe An province, part of the Western Nghe An Biosphere Reserve, a world biosphere reserve recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as a special national natural heritage. Environmental protection activities of the above project must comply with the provisions of Clause 7, Article 21, Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection.
The project has environmentally sensitive factors as prescribed in Point d, Clause 4, Article 25 of Decree No. 08/2022/ND-CP dated January 10, 2022 (The project requires conversion of land use purposes in the biosphere reserve). Therefore, consultation in the environmental impact assessment of the project must fully comply with the subjects, contents and forms as prescribed in Clauses 1, 2, 3, Article 26 of Decree No. 08/2022/ND-CP dated January 10, 2022 (in which, it is noted that in addition to other contents and subjects of consultation, the project must also include the content of the biodiversity compensation plan and the opinions of the State agency assigned to manage areas with environmentally sensitive factors).
In addition, the project owner must comply with the provisions of Point a, Clause 4, Article 26, Decree No. 08/2022/ND-CP dated January 10, 2022 (in case of changing the land use purpose of a nature reserve or core zone of a biosphere reserve of 1 hectare or more).
Reviewing the Law on Environmental Protection 2020 and Decree No. 08/2022/ND-CP, according to the Department of Natural Resources and Environment, "The project owner is responsible for consulting with the community, individuals directly affected by the investment project and agencies and organizations directly related to the investment project during the process of conducting environmental impact assessment. However, the project has a large area located in an area with sensitive environmental factors and has not received consensus from the people as well as local authorities in the past time". In addition, because the Departments of Planning and Investment, Construction, Industry and Trade and the People's Committee of Tuong Duong district have commented, in Document No. 9389/STNMT-BVMT, the Department of Natural Resources and Environment requested the Provincial People's Committee to direct:
“The People's Committee of Tuong Duong district shall preside over the organization of a meeting to collect opinions from the Vietnam Fatherland Front Committee, the People's Committees of Yen Na and Yen Tinh communes, and the community (inviting the Capital Construction and General Trading Joint Stock Company and related departments and branches to attend) on the implementation of community consultation. In case the local government and the people agree to organize community consultation, the People's Committee of the district shall guide the project owner to conduct community consultation on the project's EIA Report in accordance with the provisions of the Law on Environmental Protection and the guidance of the Department of Natural Resources and Environment. In case the local government and the people do not agree to organize community consultation, the People's Committee of the district shall synthesize opinions and report to the Provincial People's Committee to request the Ministry of Natural Resources and Environment to consider revoking the Mineral Exploitation License and terminate the project in accordance with the guidance in Official Dispatch No. 10340/BTNMT-KSVN.
The Department of Natural Resources and Environment is assigned to preside over and coordinate with the Departments of Planning and Investment, Construction, Industry and Trade and relevant agencies to advise the Provincial People's Committee on a handling plan for the Underground Gold Mine Exploitation Project in Yen Na and Yen Tinh communes based on the report results of the Tuong Duong District People's Committee.
Considering the request of the Department of Natural Resources and Environment in Official Dispatch No. 9389/STNMT-BVMT, dated January 2, 2024, the Provincial People's Committee issued Official Dispatch No. 16/UBND-NN on consulting on issues related to the exploitation of Yen Na - Yen Tinh gold mine, Tuong Duong district, with the following content:
“1. Assign the People's Committee of Tuong Duong district to preside over organizing community consultation with the composition and order according to the instructions and recommendations of the Department of Natural Resources and Environment in the above Document; report the implementation results to the Provincial People's Committee (through the Department of Natural Resources and Environment) before January 15, 2024.
2. Based on the report of the People's Committee of Tuong Duong district and current regulations of law, the Department of Natural Resources and Environment shall preside over and coordinate with the Departments of Planning and Investment, Industry and Trade and relevant agencies to advise the Provincial People's Committee on a plan to handle the Project of underground gold mining in Yen Na and Yen Tinh communes; report the results to the Provincial People's Committee before January 31, 2024".
On January 11, 2024, the People's Committee of Tuong Duong district issued invitations to the participants to attend a meeting to collect opinions from the Vietnam Fatherland Front Committee, the People's Committees of Yen Na and Yen Tinh communes, and the community; including inviting the Capital Construction and General Trading Joint Stock Company and related departments and branches to attend according to the direction of the Provincial People's Committee in Official Dispatch No. 16/UBND-NN and the guidance of the Department of Natural Resources and Environment. The meeting time is set for January 15, 2024 (morning at Yen Tinh commune headquarters; afternoon at Yen Na commune headquarters).
However, when contacting the People's Committee of Tuong Duong district at the end of January 15, 2024, the meeting to collect opinions did not take place because on January 13, 2024, the Capital Construction and General Trading Joint Stock Company submitted a request to postpone, with the reason given being "time is too urgent" "relevant documents have not been prepared"... Head of the Department of Natural Resources and Environment of Tuong Duong district, Mr. Nguyen Phung Hung, said: "Yesterday (January 14, 2024 - PV), Tuong Duong district had to contact various places to report the postponement because the project owner requested to delay the time to collect opinions. Because this is a task assigned by the Provincial People's Committee, the district will have a written report on this content...".
On November 24, 2023, at the Department of Natural Resources and Environment, the working group of the Vietnam Minerals Department worked on issues related to the gold mining project on Pu Phen mountain. Also attending the meeting were representatives of the leaders of the People's Committee of Tuong Duong district, Yen Tinh and Yen Na communes and the Capital Construction and General Trading Joint Stock Company. The viewpoint of the Party Committee and the authorities of Tuong Duong district as well as the two communes of Yen Tinh and Yen Na is to request the competent authority to revoke the Mineral Exploitation License No. 75/GP-BTNMT. Regarding the Capital Construction and General Trading Joint Stock Company, it is proposed to conduct public consultation; and commit to agree to the revocation and termination of the license in case the people do not agree.
