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.