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

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.