Decree No. 23/2020/ND-CP management of riverbed sand and gravel and protection of river beds, banks and stretches

DECREE

Prescribing the management of riverbed sand and gravel and protection of river beds, banks and stretches^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 17, 2010 Mineral Law;

Pursuant to the June 21, 2012 Law on Water Resources;

Pursuant to the June 23, 2014 Law on Environmental Protection;

Pursuant to the November 24, 2017 Planning Law;

Pursuant to the November 29, 2006 Law on Dikes;

Pursuant to the June 19, 2013 Law on Natural Disaster Prevention and Control;

Pursuant to the November 25, 2015 Maritime Code of Vietnam;

Pursuant to the June 19, 2017 Law on Hydraulic Work;

Pursuant to the June 15, 2004 Law on Inland Waterway Navigation; and June 17, 2014 Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation;

Pursuant to the June 14, 2005 Commercial Law;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates the Decree prescribing the management of riverbed sand and gravel and protection of river beds, banks and stretches.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the planning, exploration and exploitation; trading, gathering and transportation of riverbed sand and gravel, including sand and gravel in lake beds and estuaries (below collectively referred to as riverbed sand and gravel) and the protection of river beds, banks and stretches, and lakes.

Article 2.Subjects of application

1. State management agencies in charge of minerals and water resources; state management agencies involved in the management of riverbed sand and gravel; trading, gathering and transportation of riverbed sand and gravel and protection of river beds, banks and stretches and lakes.

2. Organizations and individuals licensed to explore, exploit and transport sand, gravel and other minerals on rivers, streams, canals and ditches (below collectively referred to as rivers), reservoirs and coastal estuaries.

3. Organizations and individuals carrying out any of the following activities:

a/ Dredging and clearing channels to open, renovate and upgrade inland waterway channels and routes, except routine maintenance of existing inland waterways (below referred to as dredging and clearing channels);

b/ Embanking and reinforcing river banks, except embanking and regulating rivers to prevent and control natural disasters; leveling, filling up and encroaching on rivers and improving landscapes of riparian land areas (below referred to as embanking and encroaching on rivers);

c/ Constructing floating structures and architectural works on rivers, constructing bridges, river ports and ferry wharves to receive ships, and other waterway works within the water source protection corridors or in river beds, banks and stretches and lakes (below referred to as constructing waterway works).

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Riverbed sand and gravel means sand, pebbles and gravel accumulated in stream beds, river beds, alluvial grounds and river shelves from upstream to estuaries; and those accumulated in lake beds and estuaries.

2. Sand and gravel of lawful origin means riverbed sand and gravel exploited under a license granted by a competent state agency or according to the registered volume of sand and gravel recovered from projects on dredging and clearing waterways (including those in lakes, water inlets and coastal estuaries) or exploited in accordance with Clause 2, Article 64, and Clauses 1 and 2, Article 65, of the Mineral Law.

3. Lawful sand and gravel trading organizations and individuals means organizations and individuals licensed by competent state agencies to exploit riverbed sand and gravel; or organizations and individuals that fully meet conditions for trading in, buying or selling sand and gravel of lawful origin prescribed in Clause 2 of this Article.

4. Riverbank edge means the horizontal boundary between the natural topographic slope of a river bank and the natural ground. In case of an embanked river, its bank edge is the top of the embankment. In case the river bank cannot be identified, the river bank edge shall be decided by a competent agency defined in Clause 2, Article 21 of this Decree, from the mean water level in the flood season over many years to the highest flood peak level.

5. River stretch means a riparian land area measured from the bank edge of a river to the outer boundary of the dike protection corridor, for diked rivers; for a river without dikes (except flooded or regularly flooded plain), the river stretch shall be specifically determined from the bank edge of the river to the highest flood peak level by a competent agency defined in Clause 2, Article 21 of this Decree on the basis of the characteristics of the riparian topography and the flood characteristics.

Sand expanses and islets are areas emerging within the riverbed, including semi-submerged sand expanses, seasonally formed sand expanses, and newly formed sand expanses, which are maybe not regularly flooded.

6. Riverbed is the scope between two bank edges of a river.

Chapter II

MANAGEMENT OF RIVERBED SAND AND GRAVEL

Section 1

CONTENTS OF RIVERBED SAND AND GRAVEL MANAGEMENT IN REGIONAL MASTER PLANS

Article 4.Management of riverbed sand and gravel in regional master plans

In case the planned region encompasses an inter-provincial river basin, based on the document of the Ministry of Natural Resources and Environment referred to in Clause 1, Article 6 of this Decree, the agency in charge of planning shall include the contents of riverbed sand and gravel management specified in Article 5 of this Decree in the relevant regional master plan; ensure that riverbed sand and gravel are rationally and economically exploited and used for socio-economic development; ensure the stability and natural balance in the river basin, and suitability with natural resources and deposits of riverbed sand and gravel in the river basin.

Article 5.Contents of riverbed sand and gravel management in regional master plans

Contents of riverbed sand and gravel management in regional master plans include:

1. Potential of riverbed sand and gravel resources in the river basin within the planned region.

2. Requirements for environmental protection; protection of river beds, banks and stretches; natural disaster prevention and control and response to climate change in the region.

3. Development viewpoints and objectives for the regional master plan that will serve as orientations for the exploration, exploitation and use of riverbed sand and gravel in the basin.

4. Orientations for exploration and exploitation of riverbed sand and gravel in river basins in the planned region regarding the licensed time and total capacity of exploitation in related localities in the planning period. The orientation of planning for exploration and exploitation of riverbed sand and gravel in river basins must ensure the minimal impact on the natural balance of the basins, and association with the need to use sand and gravel for infrastructure development of related localities.

Article 6.Proposal on riverbed sand and gravel management in regional master plans

1. Based on the list of river basins and the list of water sources issued by competent authorities; and based on the amount of natural resources, deposits of riverbed sand and gravel, changes and expected impacts on the river beds, banks and stretches of each river basin, the Ministry of Natural Resources and Environment shall notify in writing the agency in charge of formulating regional master plans of river basins for which the contents of riverbed sand and gravel management should be included in regional master plans.

2. The agency assigned by the Prime Minister to take charge of formulating regional master plans shall consult the Ministries of Construction, Natural Resources and Environment, Transport, and Agriculture and Rural Development, on the contents of riverbed sand and gravel management to be included in the relevant regional master plans before submitting them to the Prime Minister for approval.

Section 2

EXPLORATION AND EXPLOITATION OF RIVERBED SAND AND GRAVEL

Article 7.Contents of management, exploration, exploitation and use of riverbed sand and gravel in provincial master plans

1. Based on the contents of riverbed sand and gravel management in the approved regional master plan; and based on the local and regional potential, deposits and demands for use of riverbed sand and gravel, provincial-level People’s Committees shall delineate areas planned for exploration and exploitation of riverbed sand and gravel for inclusion in the plans on mineral protection, exploration, exploitation and use in provincial master plans.

2. Areas planned for exploration and exploitation of riverbed sand and gravel referred to in Clause 1 of this Article must not be those located in areas banned or areas temporarily banned from mineral activities in accordance with the Mineral Law and Article 13 of this Decree.

Article 8.Principles of licensing the exploration and exploitation of riverbed sand and gravel

The licensing of exploration and exploitation of riverbed sand and gravel must adhere to the principles when licensing mineral exploration and mineral exploitation prescribed in Clause 1, Article 40, and Clause 1, Article 53, of the Mineral Law, and the following principles:

1. To be carried out in the form of auction of mining rights, except areas not subject to auction of mining rights as approved by competent authorities in accordance with the mineral law.

2. In case the area for which a license for exploration and exploitation of riverbed sand and gravel is applied is located in adjacent areas of 2 or more provinces or centrally run cities, the provincial-level People’s Committee of the locality where the applicant is based or resides shall, before granting a license, obtain written opinions from the provincial-level People’s Committees of the adjacent localities.

3. Before granting a license, the provincial-level People’s Committee shall collect written approvals from the state management agencies in charge of inland waterways, natural disaster prevention and control and hydraulic work and ensure satisfaction of the requirements prescribed in Article 15 of this Decree

Article 9.Contents of a license for exploitation of riverbed sand and gravel

In addition to the contents specified in Clause 1, Article 54 of the Mineral Law, a license for exploitation of riverbed sand and gravel must also have the following contents:

1. Time of exploitation permitted in the day, from 7 am to 5 pm; regulations on the time of exploitation in the year.

2. Responsibilities of the license holder:

a/ To determine the boundary of the exploited area; to plant markers at the corners of the exploited area;

b/ Names and types of vehicles and equipment used to exploit and transport sand and gravel and requirements for registration according to the law on inland water navigation and relevant laws; installation of GPS tracking devices and storage of data and information about the location and itinerary of vehicles and equipment used to exploit and transport sand and gravel;

c/ Requirement on signing transport contracts with vehicle owners who are qualified for transport in accordance with law in case the exploiting organization or individual does not directly transport the exploited sand and gravel;

d/ Requirement on the installation of notice boards at the river banks within the exploited area to publicize the information on the exploitation license and riverbed sand and gravel exploitation project: coordinates, area and diagram of the exploited area; exploitation time; and names of vehicles and equipment used to exploit sand and gravel;

dd/ To fulfill obligations and responsibilities for natural disaster prevention and control as prescribed by law.

3. For sand and gravel exploitation licenses granted before the effective date of this Decree, their holders shall comply with the provisions of Clause 1 of this Article.

Section 3

GATHERING, TRANSPORTATION, TRADING, USE OF RIVERBED SAND AND GRAVEL

Article 10.Wharves and yards for gathering riverbed sand and gravel

1. Organizations and individuals licensed to exploit or trade in sand and gravel when gathering the exploited riverbed sand and gravel at wharves and yards must meet the following requirements:

a/ The area of ​​wharves and yards for gathering sand and gravel is within the inland waterway port as prescribed by the Law on Inland Waterway Navigation;

b/ If a wharf or yard is within the protection area of ​​a hydraulic structure or related to a dike, it must be licensed by a competent state agency in accordance with the law on hydraulic work or dikes;

c/ A notice board shall be installed to publicize the information on the wharf or yard for gathering sand and gravel: address for supplying sand and gravel gathered at the wharf or yard; installation of weigh stations and cameras to monitor the volume of sand and gravel bought and sold at the wharf or yard, and area of the wharf or yard.

2. If not using wharves and yards, organizations or individuals licensed to exploit riverbed sand and gravel shall sign transportation contracts with organizations and individuals that have vehicles meeting the requirements specified in Article 11 of this Decree.

Article 11.Vehicles for transportation of sand and gravel on rivers

Vehicles for transportation of sand and gravel on rivers must meet the requirements on operation conditions of vehicles as prescribed by the law on inland waterway navigation and the provisions of mineral exploitation licenses.

Article 12.Trading and use of riverbed sand and gravel

1. To-be-traded riverbed sand and gravel must be of lawful origin according to the provisions of Clause 2, Article 3 of this Decree.

2. In the process of transporting sand and gravel on a river, a vehicle owner shall bring along invoices and documents proving the lawful origin of sand and gravel; and data, books and documents on the volume of sand and gravel transported; the seller shall issue an invoice to the buyer in accordance with law.

3. All acts of trading in riverbed sand and gravel without lawful origin shall be handled in accordance with the mineral law and other relevant laws.

4. It is prohibited to use riverbed sand and gravel qualified for construction for the purpose of ground leveling and renovation.

5. The trading, gathering and transportation of riverbed sand and gravel must meet the environmental protection requirements; and overloaded vehicles may not operate on dikes.

Chapter III

PROTECTION OF RIVER BEDS, BANKS AND STRETCHES AND LAKES

Article 13.Zoning off of areas banned and areas temporarily banned from riverbed sand and gravel exploitation activities

1. The zoning off of areas banned and areas temporarily banned from riverbed sand and gravel exploitation activities must comply with Article 28 of the Mineral Law; the laws on hydraulic work, dikes, and inland waterway navigation, and other relevant laws, and provisions of Clauses 2 and 3 of this Article.

2. Based on the topographic, geological and morphological characteristics of river beds, flow regimes, changes in river beds, banks and stretches, and actual situation and developments of erosion and landslide of river banks and stretches, the following areas shall be zoned off as areas banned from riverbed sand and gravel exploitation activities:

a/ Areas currently affected by erosion and landslide;

b/ Areas already affected by erosion and landslide and prone to further erosion and landslide;

c/ Unstable riverbank areas prone to erosion and landslide;

d/ Other areas of importance in ensuring the stability and safety of river banks; areas with national defense and security works, urban areas, residential areas, areas with dikes, hydraulic structures, transport, water supply and drainage works, monitoring, supervision and other technical infrastructure works where the exploitation of riverbed sand and gravel may increase the risk of riverbank instability, as decided by provincial-level People’s Committees.

3. The following areas shall be zoned off as areas temporarily banned from riverbed sand and gravel exploitation activities:

a/ Areas adjacent to the areas specified in Clause 2 of this Article where the exploitation of sand and gravel on the rivers may increase the risk of erosion and landslide;

b/ Other areas considered and decided by provincial-level People’s Committees to meet requirements of prevention and control of river bank erosion and landslide.

4. Provincial-level People’s Committees shall, in pursuance to the provisions of Clauses 1, 2 and 3 of this Article, zone off areas banned or temporarily banned from riverbed sand and gravel exploitation activities in their localities, consult related agencies in accordance with the mineral law and the related River Basin Committee (if any), and send zoning-off plans to the Ministry of Natural Resources and Environment for review and submission to the Prime Minister for approval.

5. The review and adjustment of areas banned and areas temporarily banned from riverbed sand and gravel exploitation activities shall be conducted every 5 years or when there is a change in the areas referred to in Clauses 2 and 3 of this Article. In urgent cases threatening the safety of dikes, or the life, property and safety of people, provincial-level People’s Committees shall consider and decide to suspend riverbed sand and gravel exploitation activities and, at the same time, zone off affected areas and report them to the Prime Minister for decision to add these areas to the list of areas banned and areas temporarily banned from mineral activities.

Article 14.General requirements on protection of river beds, banks and stretches

Projects of organizations and individuals carrying out the activities specified in Clauses 2 and 3, Article 2 of this Decree must meet the following requirements:

1. Conforming with socio-economic development, water resources, flood prevention and control, dike and other relevant master plans.

2. Complying with the regulations on flood drainage corridors of reservoirs, protection of hydraulic structures, dikes, works related to religions and beliefs and other infrastructure works, except emergency cases; meeting the requirements of culture preservation, biodiversity conservation, protection and development of natural ecosystems; assurance of security and national defense and protection of water resources.

3. Protecting and maintaining the river’s ability to drain floods; not reducing the possibility of flood drainage, leading to inundation in riparian land areas, or erosion and landslide of river banks and stretches and affecting the function of the water source protection corridor; not reducing the river water level in the dry season, affecting the exploitation and use of water on the rivers.

4. Not causing sedimentation and erosion of river beds, not destabilizing river banks and stretches and affecting the function of water sources.

5. Taking measures to prevent and combat water source pollution, protect the riparian environment, landscapes and ecosystems.

6. Complying with regulations on management of water source protection corridors.

Article 15.Requirements for riverbed sand and gravel exploitation activities

Riverbed sand and gravel exploitation activities must meet the requirements on protection of river beds, banks and stretches prescribed in Article 14 of this Decree and the following requirements:

1. For cases of exploiting riverbed sand and gravel:

a/ There must be a minimum safe distance from the boundary of the exploited area to the edge of the river bank, suitable to the natural width of the river bed, topographic and geological characteristics and stability level of the river bank as decided by competent state agencies defined in Clause 2, Article 21 of this Decree;

b/ The bottom slope of the exploited route is equivalent to the natural slope of the bottom of the exploited river section to ensure no sudden change of the slope of the whole river route; the depth of exploitation must be suitable to the topographic and geological characteristics of the river section, ensuring no formation of vortex pits or increasing the risk of river bank instability as decided by competent state agencies defined in Clause 2, Article 21 of this Decree;

c/ In case the river section is located in the midland or mountainous area subject to seasonal sedimentation, based on the actual situation of sedimentation, the competent state agencies defined in Clause 2, Article 21 of this Decree shall decide to provide specific requirements for sand and gravel exploitation activities to prevent and limit the risk of landslide and erosion of river banks and stretches.

2. For cases of exploiting sand and gravel on river stretches:

a/ The elevation of the bottom of the exploited area must not exceed the height corresponding to the mean water level in the dry season in the exploited area, except cases of exploitation associated with clearing the water flow and enhancing the flood drainage capacity of the river section;

b/ For semi-submerged sand expanses, seasonally formed sand expanses and newly formed sand expanses, based on the actual situation, and requirements on prevention and control of landslide and erosion of river banks and stretches, competent state agencies defined in Clause 2, Article 21 of this Decree shall specifically decide on the scope and depth of exploited areas.

3. While exploitation is carried out, if landslide or erosion incidents occur in the exploited area, the exploitation shall be suspended and such incidents be immediately reported to the local administration and the provincial-level Department of Natural Resources and Environment of the locality where the exploitation is carried out, for conducting inspection and identifying the causes and the extent of impact on river beds, banks and stretches, and reporting such to the provincial-level People’s Committee for consideration and decision.

In case the conditions for continued exploitation are not fully satisfied, the provincial-level People’s Committee shall consider, add the exploited area to the list of areas banned or temporarily banned from exploitation of sand and gravel on rivers according to the provisions of Clause 5, Article 13 of this Decree.

Article 16.Requirements for reservoir bed sand and gravel exploitation activities

The exploitation of sand and gravel in hydropower and hydraulic reservoir beds must comply with the laws on hydraulic work, assurance of work safety, and environmental protection of the reservoirs, and other relevant laws, and meet the general requirements on the protection of river beds, banks and stretches prescribed in Article 14 of this Decree and the following requirements:

1. Complying with the regulations on reservoir protection corridors, protection of works, assurance of absolute safety for dams, reservoirs and work items attached to reservoirs.

2. Only exploiting the sediment deposits while meeting the requirements of dredging, preventing and controlling sedimentation in the reservoir beds.

3. Not causing pollution to water sources, not affecting the exploitation and use of water resources of reservoirs and not reducing the functions and tasks of reservoirs already approved by competent authorities.

Article 17. Requirements for activities of opening, dredging and clearing waterway channels and routes in inland waterways’ waters

The dredging and clearing of channels to open, renovate and upgrade inland waterway channels and routes (basic dredging) must comply with the law on inland waterways’ waters and relevant laws, and at the same time meet the general requirements on the protection of river beds, banks and stretches prescribed in Article 14 of this Decree, and the following requirements:

1. The channel dredging scope must suit the width and depth requirements to ensure the technical grade of the vessel navigation according to the approved master plan.

2. In case the area to be dredged is close to the bank currently affected by or prone to landslide and erosion, the channel shall be adjusted to limit the risk of river bank landslide and erosion.

3. While the dredging is carried out, if river bank landslide and erosion incidents occur, the dredging shall be suspended and such incidents be immediately reported to the local administration and the provincial-level Department of Natural Resources and Environment of the locality where the dredging is carried out, for conducting inspection and identifying the causes and the extent of impact on river beds, banks and stretches, and reporting such to the provincial-level People’s Committee for consideration and decision.

4. In case of dredging and clearing channels in association with recovery of riverbed sand and gravel from the dredging, or maintaining channels in association with the recovery of riverbed sand and gravel from the maintenance, the selection of organizations and individuals to implement projects must comply with the law on inland waterway navigation and other relevant laws; the registration of volumes and methods of recovering riverbed sand and gravel from the dredging must comply with the mineral law and this Decree. Selected organizations and individuals may only dredge and clear channels according to the approved designs.

Article 18.Requirements for activities of embanking rivers, reinforcing river banks, and leveling, filling and encroaching on rivers to create landscapes of riparian land areas

The embankment of rivers, reinforcement of river banks, leveling and filling of and encroachment upon rivers to create landscapes of riparian land areas must meet the general requirements on the protection of river beds, banks and stretches prescribed in Article 14 of this Decree and the following requirements:

1. Ensuring the uninterrupted flow, the ability to drain floods, and prevent and control erosion of river beds, banks and stretches, and taking measures to limit adverse impacts on the stability of river beds, banks and stretches in upstream and downstream adjacent areas.

2. Minimizing encroachment upon and narrowing of the flood storage and drainage space of rivers. In special cases in which river encroachment is required to take measures to prevent and control river bank landslide and erosion, ensuring the stability of river banks and riparian land areas, or to meet other requirements on the protection of river beds, banks and stretches, it must take into account the requirements on river regulation, improvement of riparian landscape; the ​​encroached river area shall be used only for public, national defense and security purposes, unless otherwise permitted by the Prime Minister.

Article 19.Requirements on activities of constructing waterway works

Activities of constructing waterway works must meet the general requirements on the protection of river beds, banks and stretches prescribed in Article 14 of this Decree and the following requirements:

1. Not obstructing the movement of waterway craft on the rivers, and not reducing the flood drainage capacity.

2. Ensuring the stability of river banks, without increasing the risk of river bank landslide and erosion.

Article 20.Assessment of impacts on river beds, banks and stretches

1. Organizations and individuals that are project owners engaged in activities specified in Clauses 2 and 3, Article 2 of this Decree shall assess the impacts of such activities on the stability of river banks and riparian land areas; ensure unblocked flow, flood drainage, sedimentation, erosion or landslide of river banks and stretches, decrease in river water levels in the dry season, and conservation of related ecosystems (below referred to as the assessment of impacts on river beds, banks and stretches).

2. Assessment of impacts on river beds, banks and stretches is part of an environmental impact assessment report or an environmental protection plan of a project, which must meet the following requirements:

a/ Quantitative assessment of impacts on assurance of the stability of river banks and riparian land areas; ensure the unblocked flow, the flood drainage in the flood season; changes in sedimentation and landslide of river beds, banks and stretches; decrease in river water levels in the dry season and impacts on the exploitation of water on the rivers;

b/ The assessment prescribed at Point a of this Clause shall be carried out under different plans on sand and gravel exploitation, channel dredging and clearing, river embankment, leveling and filling and encroachment, and construction of river and riparian facilities (below referred to as implementation plans) corresponding to different scenarios of the flood and dry season flows, including the worst scenario of climate change and sea level rise;

c/ On the basis of the results of impact assessment, arguments and explanations shall be presented to clarify the satisfaction of the requirements on the protection of river beds, banks and stretches according to the provisions of this Decree, and thereby implementation plans shall be proposed, including the scope, scale and duration of implementation and commitments during the implementation.

Article 21.Appraisal of contents of assessment of impacts on river beds, river banks and stretches

1. The appraisal of contents of assessment of impacts on river beds, river banks and stretches shall be carried out simultaneously with the appraisal of environmental impact assessment reports or consideration of certification of environmental protection plans of projects. The appraisal results must analyze and assess the satisfaction of the requirements in this Decree and propose the approval of implementation plans as prescribed in Clause 1, Article 22 of this Decree.

2. Agencies competent to appraise environmental impact assessment reports or consider certifying environmental protection plans of projects shall assess impacts on river beds, banks and stretches and appraise contents of such assessment, specifically as follows:

a/ The Ministry of Natural Resources and Environment shall approve implementation plans for projects for which it is competent to appraise and approve environmental impact assessment reports.

For projects subject to assessment of impacts on river beds, banks and stretches in the following cases on inter-provincial rivers, the Ministry of Natural Resources and Environment shall appraise and approve environmental impact assessment reports and approve implementation plans, except the cases specified in Clause 3 of this Article:

- Exploiting sand and gravel, and dredging and clearing channels on inter-provincial river sections which form the boundary between 2 or more provinces or on other inter-provincial river sections with a range not exceeding 5 kilometers from the boundary between the 2 provinces in the upstream or downstream direction;

- Embanking and encroaching on inter-provincial river sections which form the boundary between the 2 provinces; embanking and encroaching on other inter-provincial river sections with an estimated length of encroachment of over 1 kilometer or narrowing the width of the river by more than 5%.

b/ Provincial-level People’s Committees shall approve implementation plans for projects in the localities for which they are competent to appraise and approve environmental impact assessment reports, except the cases specified at Point a of this Clause;

c/ Agencies competent to certify environmental protection plans of projects as prescribed by the law on environmental protection also have the competence to approve implementation plans for such projects, except the cases specified at Points a and b of this Clause.

3. Ministries and ministerial-level agencies shall consult the Ministry of Natural Resources and Environment on results of assessment of impacts on river beds, banks and stretches and propose implementation plans in the course of appraisal of environmental impact assessment reports.

Article 22.Contents of approval of implementation plans

1. The contents of approval of an implementation plan of a project shall be stated in the decision on approval of the environmental impact assessment report or the written certification of the environmental protection plan of such project.

2. The contents of approval of an implementation plan include:

a/ Scope, scale and time of implementation;

b/ Requirements and conditions for the protection of river beds, banks and stretches, assurance of the stability of river banks and riparian land areas and prevention and control of river bank landslide and erosion.

3. For environmental impact assessment reports and environmental protection plans which are received and appraised before the effective date of this Decree, the contents of assessment of impacts on river beds, banks and stretches are not required to be added.

Chapter IV

RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES AND PEOPLE’S COMMITTEES AT ALL LEVELS

Article 23.Responsibilities of the Ministry of Natural Resources and Environment

1. To assume the prime responsibility for formulating and submitting to the Prime Minister for approval master plans on baseline geological surveys of minerals, including riverbed sand and gravel nationwide, and organize the implementation of these master plans after they are approved.

2. To notify river basins and contents of riverbed sand and gravel management in regional master plans referred to in Clauses 1 and 2, Article 5, and Article 6, of this Decree; to give opinions within their competence regarding the management, exploration, exploitation and use of minerals in provincial master plans in accordance with the planning law.

3. To review areas banned and areas temporarily banned from riverbed sand and gravel exploitation activities and report them to the Prime Minister for approval; to approve plans on protection of river beds, banks and stretches in environmental impact assessment reports under Point a, Clause 2, Article 21, and Clause 2, Article 22, of this Decree; to organize the inspection and examination, and handle violations of the law on exploitation of riverbed sand and gravel, the protection, and prevention and control of landslide and erosion of, river beds, banks and stretches according to its competence.

4. To organize the implementation of measures to protect, and prevent and control landslide and erosion of, the beds, banks and stretches as well as water source protection corridors of inter-provincial rivers; to organize the survey, evaluation, monitoring and supervision of changes in flow, sedimentation, landslide and erosion of the beds, banks and stretches of inter-provincial rivers; to conduct research to identify changes in river beds and laws of nature affecting the stability of river beds, banks and stretches.

5. To perform other tasks assigned by the Prime Minister.

Article 24.Responsibilities of the Ministry of Construction

1. To guide, inspect and summarize the situation of investment in the exploitation and use of riverbed sand and gravel; to balance the supply-demand of sand and gravel in the whole country; to participate in developing and finalizing the contents of management of riverbed sand and gravel in regional master plans specified in Clauses 3 and 4, Article 5 of this Decree on the basis of reviewing, inspecting and supplementing master plans related to exploration and exploitation of riverbed sand and gravel; to give opinions within its competence regarding the management, exploration, exploitation and use of minerals in provincial master plans in accordance with the planning law.

2. To promulgate, guide and inspect the implementation of, technical regulations in the use of riverbed sand and gravel as construction materials; and standards and technical regulations in the production and use of substitute materials for riverbed sand and gravel.

Article 25.Responsibilities of the Ministry of Agriculture and Rural Development

To coordinate with related ministries, ministerial-level agencies and provincial-level People’s Committees in determining the scope, scale and boundaries of areas within the safety protection zones of hydraulic structures or regulating the river flows under its management according to Articles 14 and 18 of this Decree.

Article 26.Responsibilities of the Ministry of Transport

1. To coordinate with related ministries, ministerial-level agencies and provincial-level People’s Committees in determining the scope, scale and boundaries of areas within the safety protection zones of navigation routes and works on the rivers and report them to the Prime Minister for approval according to Articles 14 and 17 of this Decree.

2. To annually notify plans and time for carrying out dredging activities in seaport waters and inland waterway waters under its competence to the Ministry of Natural Resources and Environment and related provincial-level People’s Committees for coordinated management according to regulations.

3. To assume the prime responsibility for inspecting, examining, and handling violations according to its competence; to coordinate with related provincial-level People’s Committees in inspecting and supervising the recovered sand and gravel volumes (if any) in the process of maintenance and dredging of inland waterways.

Article 27.Responsibilities of the Ministry of Public Security

1. To ensure security and order on rivers and in estuaries.

2. To direct professional units to assume the prime responsibility for, and coordinate with specialized units of related ministries and branches in, preventing, inspecting, and handling violations in activities of illegally exploiting sand and gravel; and transporting, gathering and trading in sand and gravel without lawful origin concentrated in adjacent areas between localities.

3. To direct provincial-level public security agencies and professional units to increase patrol, inspection and prevention, fight, and handling of violations in sand and gravel exploitation activities in accordance with law.

Article 28.Responsibilities of the Ministry of Industry and Trade

To direct market surveillance forces to coordinate with the waterway police and environmental police forces in examining and handling activities of transporting and trading in sand and gravel without lawful origin on rivers; to assume the prime responsibility for inspecting, examining, and handling acts of transporting and trading in sand and gravel on the land according to its competence and law.

Article 29.Responsibilities of the Ministry of Finance

1. To inspect, examine, and handle violations in observing the regime of invoices and accounting documents applicable to riverbed sand and gravel trading; to handle the forgery of input documents for the use of riverbed sand and gravel in construction projects.

2. To direct tax offices to coordinate with related agencies in inspecting and examining the determination of the actual output of riverbed sand and gravel.

Article 30.Responsibilities of the Ministry of Science and Technology

To assume the prime responsibility for, and coordinate with the Ministry of Construction in, studying the treatment of saline sand for use as construction materials; and production of substitute materials for riverbed sand and gravel used for construction and ground leveling activities.

Article 31. Responsibilities of People’s Committees at all levels

1. Provincial-level People’s Committees shall perform the state management of minerals in their localities in accordance with the Mineral Law, the Government’s regulations and the tasks of state management of riverbed sand and gravel and protection of river beds, banks and stretches, specifically as follows:

a/ To develop contents of riverbed sand and gravel management, exploration, exploitation and use in provincial master plans in accordance with the planning law;

b/ To organize auction of the right to exploit riverbed sand and gravel for licensing riverbed sand and gravel exploration and exploitation activities in their localities in accordance with the mineral law; to assume the prime responsibility for organizing auction for the volumes of riverbed sand and gravel recovered from projects on maintenance and dredging of channels in seaport waters and inland waterway waters;

c/ To assume the prime responsibility for, and coordinate with the provincial-level People’s Committees of other localities sharing the administrative boundaries being rivers in, managing, inspecting, handling violations in, and licensing, riverbed sand and gravel exploration activities; to formulate and promulgate regulations on coordination in the management of riverbed sand and gravel, inspection, and handling of violations in the adjacent areas between the localities (below referred to as coordination regulations) and organize the implementation of these regulations in their respective localities after they are promulgated;

d/ To formulate and promulgate plans on protection of unexploited riverbed sand and gravel in their localities, which must define responsibilities and the handling of heads of departments, sectors and administrations at district and commune levels;

dd/ To direct the waterway police and environmental police forces under the provincial-level Departments of Public Security to assume the prime responsibility for, and coordinate with related sectors in, organizing patrols and inspections and handling violations according to their competence regarding illegal sand and gravel exploitation activities and transportation and trading of sand and gravel without lawful origin in their localities;

e/ To assign provincial-level Departments of Natural Resources and Environment to assume the prime responsibility for the examination, inspection, and handling of violations of the law on exploitation of sand and gravel on rivers, lakes and coastal estuaries, and protection, prevention and control of landslide and erosion of river beds, banks and stretches according to their competence in their localities;

g/ To organize the implementation of measures to protect, prevent and  control landslide and erosion of the beds, banks and stretches and water source protection corridors of intra-provincial rivers; to organize the survey, assessment, monitoring and supervision of flow changes, sedimentation, and erosion of the beds, banks and stretches of intra-provincial rivers;

h/ To approve master plans on wharves and yards and grant licenses for wharves and yards to gather riverbed sand and gravel according to Article 10 of this Decree;

i/ To report to the Ministry of Construction, the Ministry of Natural Resources and Environment and related central agencies annually (or upon request) on the licensing of riverbed sand gravel exploration, exploitation and use in their localities.

2. People’s Committees of urban districts, rural districts, towns and provincial cities (below referred to as district-level People’s Committees) shall perform the state management of minerals in their localities in accordance with the Mineral Law and the Government’s regulations, and the following tasks:

a/ To implement the coordination regulations in their localities and adjacent districts of other localities;

b/ To direct People’s Committees of communes, wards and townships (below referred to as commune-level People’s Committees) to take measures to protect unexploited sand and gravel;

c/ To prevent illegal sand and gravel exploitation activities immediately after detecting or receiving reports of illegal sand and gravel activities in their localities; to handle violations in accordance with law; to refer cases falling beyond their competence to provincial-level People’s Committees for handling in accordance with law;

d/ Chairpersons of district-level People’s Committees shall take full responsibility to chairpersons of provincial-level People’s Committees for the management of riverbed sand and gravel in their districts in accordance with law.

3. Commune-level People’s Committees shall perform the state management of minerals in their localities in accordance with the Mineral Law and the Government’s regulations, and the following tasks:

a/ To disseminate and educate about the mineral law to villages and hamlets; to mobilize local people not to illegally exploit, gather, trade in and transport sand and gravel;

b/ To detect and denounce organizations and individuals that illegally exploit minerals, sand and gravel; to implement the coordination regulations in their communes and adjacent communes of other localities;

c/ To stop illegal sand and gravel activities immediately after detecting them; to handle violations in accordance with law; to refer cases falling beyond their competence to superior People’s Committees for handling in accordance with law;

d/ Chairpersons of commune-level People’s Committees shall take full responsibility to chairpersons of district-level People’s Committees for the management of riverbed sand and gravel in the their communes in accordance with law.

Article 32.Contents of coordination regulations in management of riverbed sand and gravel in adjacent areas of provincial-level localities

The coordination regulations referred to at Point c, Clause 1, Article 31 of this Decree must comply with the mineral law and other relevant laws; ensure the uniformity in planning and licensing of riverbed sand and gravel exploration and exploitation; and promote the role and responsibilities of related localities in the management of sand and gravel in adjacent areas, and have the following principal contents:

1. Responsibilities for exchanging information on the state management of minerals, including: general information on the situation of mineral activities in adjacent areas; information on mineral activities in the adjacent areas under management of People’s Committees at all levels; information on the granted licenses for exploration/exploitation of riverbed sand and gravel and other minerals (if any); quantity and number plates of vehicles and equipment used in the sand and gravel exploitation and transportation, technical infrastructure conditions (material storage yards).

2. Coordination in detecting, stopping and terminating unlicensed riverbed sand and gravel exploitation activities; coordination, direction and organization of the strict handling of violations of the law on sand and gravel exploitation according to the competence of People’s Committees at all levels; and coordination, creation of conditions and provision of support in terms of vehicles, equipment and forces.

3. Responsibilities of provincial-level Departments of Natural Resources and Environment in taking charge of and coordinating with related sectors in handling violations of the mineral law according to their competence; responsibilities of provincial-level Departments of Public Security in patrolling, inspecting, and handling violations according to regulations illegal sand and gravel activities in localities; responsibility to coordinate with the waterway police and environmental police forces in strictly handling acts of illegally exploiting riverbed sand and gravel, and activities of transporting and trading sand and gravel without lawful origin in adjacent areas of provincial-level localities.

4. Coordination in the review of the implementation of the agreed coordination regulations; assessment of the results, causes and solutions to improve the state management of sand and gravel resources in adjacent areas.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 33.Transitional provisions

1. For activities of exploiting riverbed sand and gravel according to the riverbed sand and gravel exploitation licenses granted before the effective date of this Decree; and activities related to river beds, banks and stretches prescribed in this Decree, which have been approved by state agencies and are being carried out, the impact assessment and approval of implementation plans prescribed in Articles 20, 21 and 22 of this Decree are not required, except the case specified in Clause 2 of this Article.

2. For projects involving activities specified in Clauses 2 and 3, Article 2 of this Decree, which have been approved by state agencies according to their competence, are being carried out but affect the flood drainage capacity and river bank stability, or cause landslide and erosion of river banks and stretches or affect the safety of riparian facilities, they shall be suspended for review and impact assessment according to the provisions of this Decree. If these projects do not meet the requirements of this Decree, they shall be considered and adjusted appropriately.

3. For dossiers of application for licenses for exploration or licenses for exploitation of riverbed sand and gravel received by competent state agencies before the effective date of this Decree, the appraisal process and procedures must comply with legal provisions effective at the time of receipt of dossiers.

4. Master plans on riverbed sand and gravel exploration and exploitation or master plans on exploration and exploitation of minerals (including riverbed sand and gravel) already approved by provinces or centrally run cities under regulations shall be further implemented until the relevant national sectorial master plans or regional master plans are approved by competent authorities in accordance with the planning law.

5. The competence of the Ministry of Natural Resources and Environment to appraise and approve environmental impact assessment reports prescribed in Appendix III to the Government’s Decree No. 40/2019/ND-CP of May 13, 2019, amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection, for the projects specified at Point a, Clause 2, Article 21 of this Decree, must comply with the provisions of this Decree.

Article 34. Effect

This Decree takes effect on April 10, 2020.

Article 35.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC