Chương IV Nghị định 23/2020/NĐ-CP quy định quản lý cát sỏi lòng sông và bảo vệ lòng bờ bãi sông: Trách nhiệm của các bộ, cơ quan ngang bộ và ủy ban nhân dân các cấp

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.