Directive No. 03/1999/CT-TTg on Strengthening State Management of Survey, Exploration, Sand and Gravel Extraction, and Combined Dredging and Recovery Activities in River Beds

DIRECTIVE OF THE PRIME MINISTER

On strengthening state management of activities related to surveying, exploration, extraction of sand, gravel, and dredging combined with recovery of river sand and gravel.

In recent times, the extraction of sand, gravel, and dredging combined with recovery of river sand and gravel, particularly along rivers such as the Saigon River, Dong Nai River, Tien River, Hau River, Vam Co River, Hong River, Lo River, Day River, and the Thai Binh River system, has brought many benefits including meeting market demand for construction materials, solving employment issues, generating income for workers, and improving waterways.

However, many organizations and individuals have conducted illegal extractions or taken advantage of dredging combined with recovery to extract sand and gravel, leading to situations such as disputes over sales, causing disorder in inland waterway traffic safety and social order, negatively impacting the environment and ecology, and resulting in tax losses for the State. In some areas, conflicts over extraction zones and resistance against enforcement officers have occurred. Extraction and dredging combined with recovery of sand and gravel in many places have altered river flow, caused bank erosion and collapse, threatening the safety of dykes and levees. Many vessels involved in sand and gravel extraction and transportation are unregistered and uninspected; many vessel owners lack valid licenses. In some localities, permits for sand and gravel extraction in areas未经翻译的部分已经是英文，不需要翻译。从"Nhiều phương tiện khai thác cát, sỏi và vận tải thuỷ không đăng ký, đăng kiểm;" 开始继续翻译剩余的文本。

However, many organizations and individuals have illegally exploited or taken advantage of dredging combined with sand extraction, leading to situations of conflict over buying and selling, disrupting inland waterway traffic safety and social order, negatively impacting the environment and ecology, causing tax revenue loss for the State; in some places, disputes over mining areas and resistance against law enforcement officers have occurred. The activities of sand and gravel extraction and dredging combined with sand recovery in many places have altered river flows, causing bank erosion and undermining the safety of dykes, levees, and sluices. Many sand and gravel extraction and water transport vessels are unregistered and uninspected; many vessel owners lack valid driver's licenses. In some localities, permits for sand and gravel extraction from riverbeds in areas that have not been surveyed and for which there are no reports on their impact on river flow, dyke management, and the environment are being issued without approval from competent authorities, seriously violating legal regulations.

The cause of this situation is due to relevant ministries, sectors, and People's Committees at all levels not fulfilling their responsibilities, failing to widely disseminate and educate the public about the law; administrative procedures for issuing permits are still cumbersome; the division of responsibilities and delegation of state management authority are unclear, especially the lack of close cooperation among functional agencies in managing these activities.

To quickly address the aforementioned situation and strengthen state management in accordance with the law, the Prime Minister instructs:

1.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally-administered cities to organize inspections of the current status of sand and gravel extraction from rivers; halt and penalize illegal surveying, exploration, and extraction activities; simultaneously revoke permits for sand and gravel extraction issued in areas without geological survey reports and environmental impact assessment reports approved by competent authorities; police forces in collaboration with inland waterway traffic inspectors, local People's Committees, and related agencies should inspect and penalize vessels and their owners who violate legal provisions; complete the above tasks and report the results to the Prime Minister before March 31, 1999.

2. Based on existing geological data on mineral resources and the actual situation of sand and gravel extraction from rivers in localities, the Ministry of Industry shall coordinate with People's Committees of provinces and centrally-administered cities to direct the establishment of plans for surveying, exploration, extraction, and utilization of river sand and gravel resources.

The Ministry of Industry shall take the lead, coordinating with the Ministry of Transport, the Ministry of Agriculture and Rural Development, and the Ministry of Science, Technology, and Environment to review and approve the aforementioned plans.

3. Issuance of permits for surveying, exploration, and extraction of river sand and gravel must comply with legal regulations based on overall plans approved by competent authorities. Surveying, exploration, and extraction activities in areas with defense works and military zones require prior approval from the Ministry of Defense.

4. The Ministry of Industry shall guide Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally-administered cities to rectify permit issuance and management of individuals and households engaged in river sand and gravel extraction; specify detailed procedures for planning, surveying, and exploring river sand and gravel in areas within the boundaries of two or more provinces.

5. The Ministry of Transport shall take the lead, coordinating with the Ministry of Agriculture and Rural Development, the Ministry of Industry, and the Ministry of Science, Technology, and Environment, People's Committees of provinces and centrally-administered cities to direct the establishment and organization of reviews and approvals for comprehensive plans and annual dredging plans for port basins, channel clearance, and flow adjustment to protect dykes, including estimates of sand and gravel recovery volumes for each project and annual implementation plans.

The Ministry of Transport shall issue dredging permits for ports and river beds based on approved dredging plans and reports on environmental impact assessments reviewed and approved by competent authorities, and written agreements on management responsibilities between the Ministry of Agriculture and Rural Development, the Ministry of Industry, the Ministry of Science, Technology, and Environment, and The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.People's Committees of provinces and centrally-administered cities where the dredging projects are located.

For projects combining dredging with sand and gravel recovery within the boundaries of one province, the volume must be registered with the provincial Department of Industry. If the project spans the boundaries of two or more provinces, the volume must be registered with the General Directorate of Geology and Mineral Resources under the Ministry of Industry and relevant provincial Departments of Industry.

6. The Ministry of Industry together The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.People's Committees of localities shall organize public education on laws related to surveying, exploration, extraction of sand and gravel, and dredging combined with recovery of river sand and gravel.

7. Central and local state management agencies responsible for minerals, the environment, traffic safety, dike safety, and flood control must regularly and periodically inspect and penalize violations in surveying, exploration, extraction, and dredging combined with recovery of river sand and gravel.

When necessary, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally-administered cities shall establish inter-agency inspection teams comprising industry, science, technology, environment, waterway management, flood prevention, dike management, public security, finance, and taxation departments to inspect and penalize violations.

Nếu phạm vi kiểm tra thuộc hai hoặc nhiều tỉnh thì Bộ Công nghiệp chủ trìđoàn kiểm tra liên ngành có sự tham gia của đại diện ủy ban nhân dân các tỉnh cóliên quan; trường hợp kiểm tra nạo vét có kết hợp tận thu thì do Bộ Giao thôngvận tải chủ trì. Kinh phí hoạt động của các đoàn kiểm tra liên ngành tính trongdự toán chi quản lý nhà nước hàng năm của các đơn vị, do ngân sách nhà nước bảodưỡng. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Thủ tướng Chính phủ yêu cầu các Bộ, ngành có liên quan và

Ủy ban nhân dân các tỉnh, thành phố trực thuộc Trung ương khẩn trườnghoạt động thực hiện Chỉ thị này. Trong quá trình thực hiện, nếu có vấn đề vướngmắc, các cơ quan kịp thời báo cáo Thủ tướng Chính phủ./. Provincial People's Committees under the Central Government shall promptly organize the implementation of this Directive. During the implementation process, if any difficulties arise, relevant agencies shall promptly report to the Prime Minister./.