Nghị định 23/2020/NĐ-CP quy định về quản lý cát, sỏi lòng sông và bảo vệ lòng, bờ, bãi sông

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 23/2020/ND-CP	Hanoi, February 24, 2020

 

DECREE

MANAGEMENT OF RIVER BED SAND AND GRAVEL AND PROTECTION OF RIVER BEDS, BANKS AND TERRACES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Minerals dated November 17, 2010;

Pursuant to the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant to the Law on Dikes dated November 29, 2006;

Pursuant to the Law on Natural Disaster Management dated June 19, 2013;

Pursuant to the Maritime Code dated November 25, 2015;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004;

Pursuant to the Law on amendments to some Articles of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the Law on Commerce dated June 14, 2005;

At the request of the Minister of Natural Resources and Environment;

The Government hereby promulgates a Decree on management of river bed sand and gravel and protection of river beds, banks and terraces.

Chapter I

GENERAL

Article 1. Scope

This Decree provides for planning, exploration and mining; trading in, storage and transport of river bed sand and gravel, including sand and gravel in reservoir beds and estuaries (hereinafter referred to as “river bed sand and gravel”) and protection of river and reservoir beds, banks and terraces.

Article 2. Regulated entities

1. Minerals and water resources authorities; regulatory authorities related to management of river bed sand and gravel; trading in, storage and transport of river bed sand and gravel and protection of river and reservoir beds, banks and terraces.

2. Organizations and individuals licensed to explore, mine and transport sand, gravel and other minerals on rivers, streams and canals (hereinafter referred to as “rivers”), reservoirs and coastal estuaries.

3. Organizations and individuals carrying out one of the following activities:

a) Dredging and clearing channels to open, improve and upgrade inland channels and routes, except for periodic maintenance of current inland routes (hereinafter referred to as “channel dredging and clearing”);

b) Embankment and fortification of river banks, except for river embankments and river training works intended for natural disaster management; river leveling and encroachment and riparian landscape improvement (hereinafter referred to as “river embankment and encroachment”);

c) Building works and architectures floating on rivers, building river bridges, ports, wharfs and ferry terminals receiving ships and other hydraulic engineering works within the safety perimeters of water resources or in river and reservoir beds, banks and terraces  (hereinafter referred to as “construction of hydraulic engineering works”).

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “river bed sand and gravel” refer to sand, pebble and gravel deposits found in river and stream beds, floodplains and river platforms from the upstream to the estuary; and in reservoir beds and estuaries.

2. “sand and gravel of illegal origin” refers to river bed sand and gravel that are mined according to the license issued by the competent authority or the registered quantity of sand and gravel obtained from inland channel dredging and clearing projects (including those in reservoir beds, inlet openings and coastal estuaries) or the regulations laid down in Clause 2 Article 64 and Clauses 1 and 2 Article 65 of the Law on Minerals.

3. “illegal sand and gravel trader” refers to an organization or individual licensed by the competent authority to mine river bed sand and gravel; an organization or individual eligible to trade in sand and gravel of legal origin specified in Clause 2 of this Article.

4. “river bank edge” refers to the boundary between the natural talus of the river bank and the natural land surface in the horizontal direction. For an embanked river, the bank edge is the top of the embankment. If the river bank is not identifiable, the river bank edge shall be decided by the competent authority specified in Clause 2 Article 21 hereof at a distance from the water level during flood season in multiple years to the maximum flood water level.

5. “river terrace” refers to a riparian zone from the river bank edge to the outer edge of the safety perimeter of dykes with respect to diked rivers; in case of an undiked river (except for floodplains or plains that experience regular flood overflows), according to the characteristics of the riparian topography and flood characteristics, the river terrace shall be decided by the competent authority specified in Clause 2 Article 21 hereof in a range from the river bank edge to the maximum flood water level.

Islets or eyots refer to floating masses of land in the river beds, including semi-flooded islets, islets formed by season and newly formed islets and may not be regularly flooded.

6. “river bed” refers to the range between the two bank edges of a river.

Chapter II

MANAGEMENT OF RIVER BED SAND AND GRAVEL

Section 1. CONTENTS OF RIVER BED SAND AND GRAVEL MANAGEMENT SPECIFIED IN REGIONAL PLANNING

Article 4. River bed sand and gravel management specified in regional planning

If the regional planning involves inter-provincial river basins, the authority presiding over formulation of the planning shall, according to the document of the Ministry of Natural Resources and Environment specified in Clause 1 Article 6 hereof, incorporate contents of the management of river bed and gravel management into the respective regional planning; ensure river bed sand and gravel are mined and used in an appropriate, economical and effective manner for socio - economic development purposes; maintain the stability and balance of nature in river basins and ensure the suitability for natural resources, reserves of river bed sand and gravel present in river basins.

Article 5. Contents of river bed sand and gravel management specified in regional planning

The river bed sand and gravel management specified in regional planning shall focus on the following contents:

1. Potentials for river bed sand and gravel in the river basins covered by the regional planning.

2. Requirements for environmental protection; protection of river beds, banks and terraces; natural disaster management and resilience to climate change within the region.

3. Development viewpoints and objectives covered by the regional planning towards the exploration, mining and use of river bed sand and gravel in the river basins.

4. Orientations for exploration, mining and use of river bed sand and gravel in the river basins within the region reserved for the planning with respect to the permissible mining time and total capacity during the planning period. The orientations towards exploration, mining and use of river bed sand and gravel in the river basins shall ensure the lowest possible impact on the balance of nature in the river basins and be associated with the demand for use of sand and gravel for infrastructure development.

Article 6. Proposed contents of river bed sand and gravel management to be included in regional planning

1. According to the list of river basins and list of water resources promulgated by the competent authority, resources scale, river bed sand and gravel reserves and expected impacts on river beds, banks and terraces of each river basins, the Ministry of Natural Resources and Environment shall send a written notification of contents of management of river bed sand and gravel to be included in the respective regional planning to the authority presiding over formulation of the regional planning for river basins.

2. The authority assigned by the Prime Minister to preside over formulation of the regional planning shall seek opinions of the Ministry of Construction, Ministry of Natural Resources and Environment, Ministry of Transport and Ministry of Agriculture and Rural Development about contents of management of river bed sand and gravel specified in the relevant regional planning before submitting them to the Prime Minister for approval.

Section 2. EXPLORATION AND MINING OF RIVER BED SAND AND GRAVEL

Article 7. Contents of management, exploration and use of river bed sand and gravel specified in provincial planning

1. According to the approved contents of management of river bed sand and gravel specified in the regional planning, potentials, reserves and demands for use of river bed sand and gravel of the province and region, the provincial People's Committee shall determine areas reserved for exploration and mining of river bed sand and gravel so that they are incorporated to the plan for protection, exploration, mining and use of minerals specified in the provincial planning.

2. The areas reserved for exploration and mining of river bed sand and gravel specified in Clause 1 of this Article shall not be the ones where mineral operations are prohibited or temporarily prohibited in accordance with regulations of the Law on Minerals and regulations laid down in Article 13 of this Decree.

Article 8. Rules for licensing exploration and mining of river bed sand and gravel

Licensing exploration and mining of river bed sand and gravel shall adhere to rules for licensing exploration and mining of minerals set forth in Clause 1 Article 40 and Clause 1 Article 53 of the Law on Minerals and the following rules:

1. The licensing is carried out by holding a mining right auction, except for the case in which the area not reserved for mining right auction has been approved by the competent authority in accordance with regulations of the Law on Minerals.

2. If the area to be covered by the license to explore and mine river bed sand and gravel borders at least 02 provinces or central-affiliated cities, before the licensing, the People’s Committee of the province where the applicant is available shall seek a written opinion from the People’s Committee of the bordering province.

3. Before the licensing, the provincial People’s Committee shall obtain the written consent from the inland waterway, natural disaster management and irrigation authority and satisfy the requirements set forth in Article 15 hereof.

Article 9. Contents of the river bed sand and gravel mining license

In addition to the contents specified in Clause 1 Article 54 of the Law on Minerals, the river bed sand and gravel mining license shall contain the following contents:

1. Permissible daily mining time: from 7am to 5pm, mining at night is not allowed; regulations on mining time periods during a year.

2. Responsibilities of organizations and individuals licensed for mining:

a) Determining boundary of the mining area; planting markers at corner points of the mining area;

b) Names and types of vehicles and equipment used for mining and transport of sand and gravel and requirements for registration thereof in accordance with regulations of the Law on Inland Waterway Transport and relevant regulations of law; installation of tracking units and storage of data and information about location and course of such vehicle and equipment;

c) Requirements for the signature of transport contracts with vehicle owners eligible for transport if organizations or individuals mining sand and gravel do not directly transport sand and gravel after mining;

d) Requirements for putting up signboards on river banks within the mining area to publish information about the mining license and mining project: coordinates, area and maps of the mining area; mining time; name of vehicles and equipment used for sand and gravel mining;

dd) Exercising duties and responsibilities for natural disaster management in accordance with regulations of law.

3. If the sand and gravel mining license has been issued before the effective date of this Decree, it is required to comply with the regulations laid down in Clause 1 of this Article.

Section 3. STORAGE, TRANSPORT, TRADING IN AND USE OF RIVER BED SAND AND GRAVEL

Article 10. River bed sand and gravel storage areas

1. The organization or individual that is licensed to mine or trade in sand and gravel upon storage of sand and gravel after mining in a storage area must satisfy the following requirements:

a) The storage area must be within the inland waterway port in accordance with regulations of the Law on Inland Waterway Transport;

b) If the storage area is within safety perimeter of an irrigation work or involves dikes, it is required to obtain the license from the competent authority in accordance with regulations of law on irrigation and dikes.

c) It is required to put up signboards to publish information about the storage area, containing the following contents: address of the supplier of sand and gravel to be stored in the storage area; install a weighbridge and cameras to monitor the weight of sand and gravel purchased and sold in the storage area and its area.

2. If the storage area is not used, the organization or individual licensed to mine river sand and gravel shall sign a transport contract with an owner of the vehicle satisfies the requirements set forth in Article 11 hereof.

Article 11. Vehicles used for transport gravel and sand on rivers

Every vehicle used for transport gravel and sand on rivers shall satisfy the operating requirements in accordance with relevant regulations of law on inland waterway transport and regulations laid down in the mineral mining license.

Article 12. Trading in and use of river bed sand and gravel

1. Sand and gravel to be trade must be of illegal origin as prescribed in Clause 2 Article 3 hereof.

2. During the transport of sand and gravel, the vehicle owner shall carry invoices and documents proving their legal origin; information, data, books and documents concerning weight of sand and gravel that are being transported. The seller is required to issue invoices to the purchaser in accordance with regulations of law.

3. Penalties shall be imposed on the trading in gravel and sand of illegal origin in accordance with regulations of law on minerals and other relevant regulations of law.

4. It is not allowed to use river bed sand and gravel qualified to be used as construction sand and gravel for leveling and improvement purposes.

5. The trading in, storage and transport of river bed sand and gravel shall comply with environmental safety requirements. Overloaded vehicles are prohibited from running on dikes.

Chapter III

PROTECTION OF RIVER BEDS, BANKS AND TERRACES

Article 13. Determining areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited

1. Areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited shall be determined in accordance with regulations set forth in Article 28 of the Law on Minerals; regulations of law on irrigation, dikes and inland transport waterway, other relevant regulations of law and regulations set forth in Clauses 2 and 3 of this Article.

2. According to the topographic and geological features, river bed morphology, flow regime and changes of river beds, banks and terraces, the following areas shall be classified as ones where river bed sand and gravel mining operations are prohibited:

a) Areas that are experiencing erosion;

b) Areas that have experienced erosion and continue to face the risk of erosion;

c) Unstable river bank areas at risk of erosion;

d) Other areas playing an important role in ensuring river bank stability and safety; areas with works serving national defense and security purposes, urban areas, populated areas, areas with dikes, irrigation works, traffic works, water supply and drainage works, monitoring works and other infrastructural constructions where the sand and gravel mining may increase the risk of river bank instability shall be decided by the provincial People’s Committee.

3. The following areas shall be classified as ones where river bed sand and gravel mining operations are temporarily prohibited:

a) Areas adjacent to the areas specified in Clause 2 of this Article where the sand and gravel mining may increase the risk of erosion;

b) Other areas decided by the provincial People’s Committee to satisfy requirements for river bank erosion prevention and control.

4. The provincial People’s Committee shall, according to the regulations laid down in Clauses 1, 2 and 3 of this Article, determine areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited within its province and seek opinions of authorities in accordance with regulations of law on minerals and of relevant river basin committee (if any) and send a list of areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited enclosed with the opinions to the Ministry of Natural Resources and Environment, which will submit a complete list to the Prime Minister for approval.

5. The review or adjustment of areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited shall be carried out every 05 years or upon change of any of the areas specified in Clauses 2 and 3 of this Article. In urgent cases in which dike safety, safety and property of the people are threatened, the provincial People’s Committee shall consider deciding to suspend sand and gravel mining and determine areas and request the Prime Minister to decide additions to the list of areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited.

Article 14. General requirements for river bed, bank and terrace protection

Projects of organizations and individuals that carry out the activities specified in Clauses 2 and 3 Article 2 of this Decree must:

1. be conformable with the socio - economic development, water resources planning, flood preparedness planning, dike planning and other relevant planning.

2. compliant with regulations on flood drainage and flood discharge corridors of reservoirs, safety perimeter of irrigation works, dikes, religion and folk belief-related works and other infrastructural constructions, except for the case of emergency; compliant with requirements for cultural conservation, biodiversity conservation and natural ecosystem protection and development; ensure national defense and security and protect water resources.

3. protect and maintain the flood drainage ability of rivers; do not reduce the flood drainage ability, thereby resulting in inundation in river terraces and riparian zones and river bank and terrace erosion, and affecting functions of safety perimeters of water resources; do not lower river water level during drought season, thereby affecting the extraction and use of river water.

4. do not river bed sedimentation and erosion, thereby causing river bank and terrace instability and affecting functions of water resources.

5. include measures to prevent and control water pollution and protect riparian environment, landscapes and ecosystem.

6. comply with regulations on management of safety perimeter of water resources.

Article 15. Requirements for river bed sand and gravel mining

The river bed sand and gravel mining shall comply with the requirements for river bed, bank and terrace protection specified in Article 14 hereof and the following requirements:

1. In the case of river bed sand and gravel mining:

a) The mining area’s that must be away from the edge of the bank at a minimum distance suitable for the natural width of the river bed, topographic and geological features and river bank stability shall be decided by the competent authority specified in Clause 2 Article 21 hereof;

b) The slope of the bed of the mined river route which must be equivalent to the natural slope of the bed of the mined river section and must not suddenly change the slope of the whole river route and the mining depth which must be suitable for the topographic and geological features of the river section and must not form any swirling hole or increase the risk of river bank instability shall be decided by the competent authority specified in Clause 2 Article 21 hereof;

c) If the river section running through a midland or mountainous region has undergone seasonal sedimentation, according to the sedimentation changes, the competent authority specified in Clause 2 Article 21 hereof shall decide to lay down specific requirements for the sand and gravel mining to ensure that the risk of river bank and terrace erosion is prevented and minimized.

2. In the case of river terrace sand and gravel mining:

a) The height of the bed of the mining area must not exceed the height corresponding to the average water level during dry season in the mining area, except for the case in which the mining is carried out together with the clearing of flow and enhancement of the flood drainage ability of the river section;

b) In the case of a semi-flooded islet, islet formed by season or newly formed islet, according to actual condition and requirements for prevention and control of river bank and terrace soil erosion, the competent authority specified in Clause 2 Article 21 hereof shall decide specific range and depth of the mining area.

3. If any sign of bank erosion appears in the mining area during the mining process, it is required to suspend the mining and immediately notify the local government and Department of Natural Resources and Environment where the mining is carried out in order to carry out inspection and identify the causes and impacts on the river bed, bank and terrace and a report shall be submitted to the provincial People’s Committee for consideration and decision.

If it is ineligible to continue the mining, the provincial People’s Committee shall consider adding the mining area to the list of areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited as prescribed in Clause 5 Article 13 hereof.

Article 16. Requirements for reservoir bed sand and gravel mining

The mining of sand and gravel in a hydroelectric or irrigation reservoir bed shall comply with regulations of law on irrigation, work safety assurance and reservoir environment protection, other relevant regulations of law, general requirements for river bed, bank and terrace protection specified in Article 14 hereof and the following requirements:

1. The mining shall comply with regulations on safety perimeter of the reservoir, ensure safety of the dam, reservoir and work items associated with the reservoir.

2. It is only allowed to mine the reserves of sand and gravel produced by sedimentation and is required to satisfy requirements for reservoir dredging and sedimentation prevention and control.

3. The mining must not cause water pollution, affect the extraction and use of water resources of the reservoir and reduce its functions approved by the competent authority.

Article 17. Requirements for opening and dredging and clearing of inland channels and routes within inland waters

Dredging and clearing channels to open, improve and upgrade inland channels or routes (basic dredging) shall comply with regulations of law on inland waters, other relevant regulations of law, general requirements for river bed, bank and terrace protection specified in Article 14 hereof and the following requirements:

1. Width and depth of the dredging area must ensure that the grading for navigable channels is adhered to according to the approved planning.

2. If the area to be dredged is close to the eroded bank or bank at risk of erosion, it is required to consider adjusting the channel in an appropriate manner to reduce the risk of river bank erosion.

3. If any sign of bank erosion appears during the dredging process, it is required to suspend the dredging and immediately notify the local government and Department of Natural Resources and Environment where the dredging is carried out in order to carry out inspection and identify the causes and impacts on the river bed, bank and terrace and a report shall be submitted to the provincial People’s Committee for consideration and decision.

4. If the channel dredging or clearing is carried out together with the obtainment of dredged products that are river bed sand and gravel or the maintenance is carried out together with the obtainment of products that are river bed sand and gravel, the selection of an organization or individual responsible for executing the project in accordance with regulations of law on inland waterway transport and other relevant regulations of law and the registration of weight and methods for obtainment of dredged products that are river bed sand and gravel shall comply with regulations of law on minerals and this Decree.  Organizations and individuals shall be only allowed to dredge and clear channels according to the approved design.

Article 18. Requirements for river bank embankment and consolidation, river leveling and encroachment and riparian landscape improvement

The river bank embankment and consolidation, river leveling and encroachment and riparian landscape improvement shall comply with the general requirements for river bed, bank and terrace protection specified in Article 14 hereof and the following requirements:

1. Ensure the flow circulation and ability to drain flood, and prevent and control river bed, bank and terrace erosion and take measures to minimize adverse impacts on river bed, bank and terrace stability in the vicinity of the downstream and upstream.

2. Minimize the encroachment on and narrowing of the river’s space intended for containing and draining flood. If river encroachment has to be carried out in order to take measures to prevent and control river bank erosion, ensure river bank and riparian zone stability or comply with other requirements for river bed, bank and terrace protection, it is required to carry out it together with satisfaction of requirements for river training and improvement of riparian landscapes and encroached area intended for public, national defense and security purposes only unless otherwise permitted by the Prime Minister.

Article 19. Requirements for construction of hydraulic engineering works

The construction of hydraulic engineering works hall comply with the general requirements for river bed, bank and terrace protection specified in Article 14 hereof and the following requirements:

1. Do not obstruct operation of inland waterway vehicles on river and reduce the flood drainage ability.

2. Ensure river bank stability and do not increase the risk of river bank erosion.

Article 20. Assessment of impacts on river bed, bank and terrace

1. The project owner that carries out the activities specified in Clauses 2 and 3 Article 2 hereof shall assess impacts of such activities on river bank and riparian zone stability; flow circulation, flood drainage ability, river bed erosion and sedimentation, river bank and terrace erosion, reduction in river water level during dry season and conservation of relevant ecosystems (hereinafter referred to as “assessment of impacts on river beds, banks and terraces”)

2. The assessment of impacts on river beds, banks and terraces shall constitute part of the environmental impact assessment report or environmental protection plan tailored for the project and comply with the following requirements:

a) It is required to carry out quantitative assessment of impacts on river bank and riparian zone stability; flow circulation, flood drainage ability, river bed erosion and sedimentation, river bank and terrace erosion; river bed, bank and terrace sedimentation and erosion changes; reduction in river water level during dry season and river water extraction;

b) The assessment specified in Point a of this Clause shall be carried out together with the plans for sand and gravel mining, channel dredging and clearing, river bank embankment, river leveling and encroachment and construction of works on river and riparian works (hereinafter referred to as “implementation plans”) corresponding to each scenario for flood flow and low stream flow, including the most unfavorable scenario in the context of climate change and sea level rise;

c) According to the assessment results, it is required to provide explanation for satisfaction of requirements for river bed, bank and terrace protection in accordance with regulations of this Decree and select and propose implementation plans, including the scope, time limit and commitments made during the implementation.

Article 21. Appraisal of contents of assessment of impacts on river bed, bank and terrace

1. The appraisal of contents of assessment of impacts on river beds, banks and terraces shall be carried out together with appraisal of the environmental impact assessment report or confirmation of the environmental protection plan tailored for the project. The appraisal results must be given in a manner that analyzes and assesses conformity with the requirements specified in this Decree and proposes contents of approval of the implementation plans specified in Clause 1 Article 22 hereof.

2. The authority appraising the environmental impact assessment report or considering confirming the environmental protection plan tailored for the project that is required to undergo assessment of impacts on river beds, banks and terraces shall appraise contents of assessment of impacts on river beds, banks and terraces. To be specific:

a) The Ministry of Natural Resources and Environment shall approve the implementation plans with respect to the projects whose environmental impact assessment reports are appraised and approved by the Ministry of Natural Resources and Environment.

Regarding the projects that are required to undergo assessment of impacts on river beds, banks and terraces in the following cases on inter-provincial rivers, the Ministry of Natural Resources and Environment shall appraise and approve contents environmental impact assessment report and approve implementation plans, except of the cases specified in Clause 3 of this Article:

- Mine sand and gravel, and dredge and clear channels on inter-provincial river sections that border at least 02 provinces or on other inter-provincial river sections at a distance of no more than 05 km from the boundary between the 02 provinces to the downstream and upstream;

- Embank or encroach on the river on inter-provincial river sections that border at least 02 provinces; on other inter-provincial river sections at an expected length of encroachment of at least 01 km or narrow the river bed width to no more than 5%.

b) Every provincial People’s Committee shall approve the implementation plans with respect to local projects whose environmental impact assessment reports are appraised and approved by the provincial People’s Committee, except for the cases specified in Point a of this Clause;

c) The authority that has the power to confirm the environmental protection plan in accordance with regulations of law on environmental protection also has the power to approve the implementation plans with respect to such projects, except for the cases specified in Points a and b of this Clause.

3. Ministries and ministerial agencies shall seek opinions of the Ministry of Natural Resources and Environment about the results of assessment of impacts on river beds, banks and terraces and expected implementation plans during the appraisal of environmental impact assessment reports.

Article 22. Contents of approval of implementation plans

1. Contents of approval of implementation plans shall be specified in the decision to approve environmental impact assessment report of the project or written confirmation of environmental protection plan.

2. Contents of approval of an implementation plan include:

a) Scope and time limit for implementation.

b) Requirements and conditions for river bed, bank and terrace protection, river bank and riparian zone stability assurance and river bank erosion prevention and control.

3. If the environmental impact assessment report or environmental protection plan has been received and appraised before the effective date of this Decree, contents of assessment of impacts on river beds, banks and terraces are not required to be added.

Chapter IV

RESPONSIBILITIES OF MINISTRIES, MINISTERIAL AGENCIES AND PEOPLE’S COMMITTEES AT ALL LEVELS

Article 23. Responsibilities of the Ministry of Natural Resources and Environment

1. Take charge of formulating a planning for nationwide geological baseline survey of minerals, including river bed sand and gravel, submit it to the Prime Minister for approval and organize the implementation thereof after obtaining the approval.

2. Notify river basins and contents of river bed sand and gravel management in the regional planning specified in Clauses 1 and 2 Article 5, and Article 6 hereof; within its power, contribute its opinions about contents of management, exploration, mining and use of minerals to be included in the provincial planning in accordance with regulations of law on planning.

3. Review the list of areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited and submit it to the Prime Minister for approval; approve the river bed, bank and terrace protection plan specified in the environmental impact assessment report according to Point a Clause 2 Article 21 and Clause 2 Article 22 hereof; carry out inspections and impose penalties for violations against regulations on mining of river bed sand and gravel and river bed, bank and terrace protection and erosion prevention and control within its power.

4. Organize the implementation of measures to protect river beds, banks and terraces, prevent and control erosion occurring on river beds, banks and terraces and within safety perimeter of water resources with respect to inter-provincial rivers; organize the investigation, assessment and monitoring of flow, river bed, bank and terrace sedimentation and erosion changes on inter-provincial rivers; organize researches to determine river bed changes and laws of nature that affect river bed, bank and terrace stability.

5. Carry out other tasks as assigned by the Prime Minister.

Article 24. Responsibilities of the Ministry of Construction

1. Provide guidance, inspect and review the investment in mining and use of river bed sand and gravel; balance the demands for use of sand and gravel resources nationwide; participate in developing contents of river bed sand and gravel management to be included in the regional planning according to Clauses 3 and 4 Article 5 hereof by reviewing, inspecting and making additions to the plannings related to exploration and mining of river bed sand and gravel to complete contents of river bed sand and gravel management; within its power, contribute its opinions about contents of management, exploration, mining and use of minerals to be included in the provincial planning in accordance with regulations of law on planning.

2. Promulgate, provide guidance on and inspect the implementation of technical regulations on use of river bed sand and gravel as construction materials; standards and technical regulations on manufacturing and use of substitutes for river bed sand and gravel.

Article 25. Responsibilities of the Ministry of Agriculture and Rural Development

Cooperate with other Ministries, ministerial agencies and provincial People’s Committees concerned in determining the scope, scale and boundary of areas within safety perimeters of irrigation works and river training works under its management as prescribed in Articles 14 and 18 hereof.

Article 26. Responsibilities of the Ministry of Transport

1. Cooperate with other Ministries, ministerial agencies and provincial People’s Committees concerned in determining the scope, scale and boundary of areas within safety perimeters of channel routes and works on river, and request the Prime Minister to grant approval thereof as prescribed in Articles 14 and 17 hereof.

2. Annually notify plans and time limit for carrying out dredging within seaport waters and inland waters within its power to the Ministry of Natural Resources and Environment and provincial People’s Committees concerned.

3. Take charge of carrying out inspections and impose penalties for violations within its power; cooperate with provincial People’s Committees concerned in inspecting and supervising weight of sand and gravel (if any) obtained during the maintenance and dredging of inland channel routes.

Article 27. Responsibilities of the Ministry of Public Security

1. Maintain security and order on river routes and estuaries.

2. Direct its professional units to take charge and cooperate with specialized units of relevant ministries in preventing, inspecting and imposing penalties for illegal mining of sand and gravel; transport, storage and sale of sand and gravel of illegal origin in bordering areas.

3. Direct police authorities of provinces and central-affiliated cities and professional units in strengthening patrol, inspection, prevention and imposition of penalties for violations against regulation on sand and gravel mining in accordance with regulations of law.

Article 28. Responsibilities of the Ministry of Industry and Trade

Direct market surveillance authorities to cooperate with waterway police and environmental police authorities in inspecting and taking actions against the transport and sale of sand and gravel of illegal origin on rivers; take charge of carrying out inspections and take actions against the transport of sand and gravel on banks within its power and in accordance with regulations of law.

Article 29. Responsibilities of the Ministry of Finance

1. Inspect and take actions against violations against regulations on invoices and accounting documents used in river bed sand and gravel trading; take actions against the legalization of accounts payable documents concerning the use of river bed sand and gravel for works and projects.

2. Direct tax authorities to cooperate with relevant authorities in inspecting the production of actually mined river bed sand and gravel.

Article 30. Responsibilities of the Ministry of Science and Technology

Take charge and cooperate with the Ministry of Construction in handling saline sand to be used as construction materials; producing substitutes for river bed sand and gravel to be used for construction and work leveling.

Article 31. Responsibilities of People’s Committees at all levels

1. Every provincial People’s Committee shall perform state management of minerals within its province in accordance with regulations of the Law on Minerals and Government’s regulations and perform tasks upon state management of river bed sand and gravel; river bed, bank and terrace protection. To be specific:

a) Develop contents of management, exploration, mining and use of river bed sand and gravel to be included in the provincial planning in accordance with regulations of law on planning.

b) Conduct auctions of river bed sand and gravel mining right so as to license river bed sand and gravel exploration and mining within its province in accordance with regulations of law on minerals; take charge of conducting auctions of sand and gravel obtained from projects on maintenance and clearing of channels within seaport waters and inland waters;

c) Take charge and cooperate with the People’s Committee of relevant province sharing transboundary rivers in managing, inspecting, imposing penalties for violations and licensing exploration and mining of river bed sand and gravel; design and promulgate regulations on cooperation in managing river bed sand and gravel, inspecting and impose penalties within bordering areas (hereinafter referred to as “cooperation regulations”) and organize the implementation thereof within its province;

d) Formulate and promulgate a plan to protect unmined river bed sand and gravel within its province, specifying responsibilities and actions against heads of departments and local governments at district and communal levels.

dd) Direct waterway police and environmental police authorities affiliated to provincial police authorities to cooperate with relevant authorities in carrying out patrols, inspections and impose penalties for illegal mining of sand and gravel and transport and sale of sand and gravel of illegal origin within its province;

e) Assign the provincial Department of Natural Resources and Environment to take charge of carrying out inspections and impose penalties for violations against regulations on mining of sand and gravel on rivers, reservoirs and coastal estuaries within its province; protect river beds, banks and terraces, prevent and control river bed, bank and terrace erosion,

g) Organize the implementation of measures to protect river beds, banks and terraces, prevent and control erosion occurring on river beds, banks and terraces and within safety perimeter of water resources with respect to inter-provincial rivers; organize the investigation, assessment and monitoring of flow, river bed, bank and terrace sedimentation and erosion changes on inter-provincial rivers;

h) Approve the storage area system planning and issue licenses as prescribed in Article 10 hereof;

i) submit an annual (or ad hoc) report on licensing of exploration, mining and use of river bed sand and gravel within its province to the Ministry of Construction, Ministry of Natural Resources and Environment and central government authorities concerned.

2. Every district-level People’s Committee shall perform state management of minerals within their districts in accordance with regulations of the Law on Minerals and Government’s regulations and the following tasks:

a) Implement cooperation regulations within its district and other districts located within areas bordering administrative divisions;

b) Direct the communal People’s Committee to take measures to protect unmined sand and gravel;

c) Prevent illegal mining of sand and gravel after the act is found or informed; impose penalties for violations as prescribed by law; if any violation is beyond its power, notify the provincial People’s Committee in accordance with regulations of law;

d) The President of the district-level People’s Committee shall be totally responsible to the President of the provincial-level People’s Committee for management of river bed sand and gravel within his/her district in accordance with regulations of law.

3. Every communal People’s Committee shall perform state management of minerals within its commune in accordance with regulations of the Law on Minerals and Government’s regulations and the following tasks:

a) Disseminate information about the law on minerals to villages; encourages its locals not to illegally mine, store, trade and transport sand and gravel;

b) Discover and denounce organizations and individuals that illegally mine sand and gravel; implement cooperation regulations within its commune and other communes located within bordering areas;

c) Prevent illegal mining of sand and gravel after the act is found or informed; impose penalties for violations as prescribed by law; if any violation is beyond its power, notify the superior People’s Committee in accordance with regulations of law;

d) The President of the district-level People’s Committee shall be totally responsible to the President of the provincial-level People’s Committee for management of river bed sand and gravel within his/her district in accordance with regulations of law.

Article 32. Contents of regulations on cooperation in river bed sand and gravel management within areas bordering provincial administrative divisions

The cooperation regulations mentioned in Point c Clause 1 Article 31 hereof shall be conformable with regulations of law on minerals and other relevant regulations of law; ensure the consistency in the planning and licensing of exploration and mining of river bed sand and gravel; enhance the role and responsibilities of relevant local governments for management of sand and gravel within bordering areas and contain at least:

1. Responsibility for exchange of information about state management of minerals, including information about mining operations within bordering areas; information about mining operations within bordering areas of People’s Committees at all levels; information about issued licenses for exploration/mining of river bed sand and gravel and other minerals (if any); quantity and badges of vehicles and equipment used for mining and transport of sand and gravel, technical infrastructure conditions (material storage area).

2. Cooperating in discovering, preventing and terminating the mining of river bed sand and gravel without licenses; cooperating in, directing and organizing imposition of penalties for violations against regulations on sand and gravel mining within power of People’s Committees at all levels; cooperating, facilitating and assisting in providing vehicles, equipment and forces.

3. Responsibility of provincial Departments of Natural Resources and Environment for taking charge and cooperating with relevant authorities in imposing penalties for violations against regulations on minerals within their power; responsibilities of provincial police authorities in patrolling, inspecting and imposing penalties for illegal mining of sand and gravel within their areas; responsibility for cooperating with waterway police authorities and environmental police authorities in imposing penalties for illegal mining of river bed sand and gravel, transport and sale of sand and gravel of illegal origin within areas bordering provincial administrative divisions.

4. Cooperating in reviewing the implementation of signed cooperation regulations; assessment of results, reasons and measures to increase effectiveness in state management of sand and gravel resources within bordering areas.

Chapter V

IMPLEMENTATION

Article 33. Transitional clauses

1. If river bed sand and gravel are mined according to the river bed sand and gravel mining license issued before the effective date of this Decree or activities carried out on river beds, banks and terraces which are specified in this Decree have been approved by the competent authority, it is not required to carry out impact assessment and obtain approval for the implementation plans as specified in Articles 20, 21 and 22 hereof, except for the case specified in Clause 2 of this Article.

2. If the activities specified in Clauses 2 and 3 Article 2 hereof have been approved by the competent authority and are being carried out in a manner that affects the flood drainage ability or river bank stability or results in river bank and terrace erosion or affects safety of riparian works, such activities shall be suspended to carry out a review and impact assessment according to regulations of this Decree. In case of failure to satisfy the requirements set forth in this Decree, it is required to consider making appropriate adjustments.

3. Procedures for appraising applications for issuance of the license to explore river bed sand and gravel or license to mine river bed sand and gravel that have been received before the effective date of this Decree shall comply with regulations applicable at the time of receiving such applications;

4. The planning for exploration and mining of river bed sand and gravel or planning for exploration and mining of minerals (including river bed sand and gravel) that have been approved by a province or central-affiliated city shall be implemented until the relevant national sector planning or regional planning is approved by a competent authority in accordance with regulations of law on planning.

5. The power of the Ministry of Natural Resources and Environment to appraise and approve environmental impact assessment reports specified in the Appendix III of the Government’s Decree No. 40/2019/ND-CP dated May 13, 2019 with respect to the projects specified in Point a Clause 2 Article 21 of this Decree shall comply with regulations of this Decree.

Article 34. Effect

This Decree comes into force from April 10, 2020.

Article 35. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of provincial People’s Committees and relevant organizations and individuals are responsible for the implementation of this Decree./.

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc