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

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.