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.
Tìm kiếm
Nghị định 23/2020/NĐ-CP (Bản Word)
Nghị định 23/2020/NĐ-CP (Bản Pdf)