Chương V Nghị định 23/2020/NĐ-CP quy định quản lý cát sỏi lòng sông và bảo vệ lòng bờ bãi sông: Tổ chức thực hiện

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./.