Directive No. 16/2002/CT-TTg On continuing to strengthen state management over surveying, exploration, sand and gravel extraction, and dredging combined with sand and gravel recovery activities in riverbeds

 DIRECTIVE
Regarding the continued strengthening of state management over activities
of surveying, exploration, extraction of sand and gravel, and dredging combined with the recovery of riverbed sand and gravel

On January 20, 1999, the Government issued Directive No. 03/1999/CT-TTg to strengthen state management over activities of surveying, exploration, extraction of sand and gravel, and dredging combined with the recovery of riverbed sand and gravel. After more than three years of implementation, these activities of surveying, exploration, extraction of sand and gravel, as well as dredging combined with the recovery of riverbed sand and gravel across the country have gradually become regulated. The management work of ministries, sectors, and provincial people's committees under the central government has been progressively strengthened. However, illegal extraction of riverbed sand and gravel still occurs, although it has decreased, and negative impacts such as erosion of banks, changes or obstruction of water flow due to sand and gravel extraction continue to occur. In some localities, illegal extraction of riverbed sand and gravel remains complex and difficult to control, causing difficulties for management work.

To address the above issues, further strengthen state management over activities of surveying, exploration, extraction of sand and gravel, and dredging combined with the recovery of riverbed sand and gravel according to the law, the Prime Minister instructs:

1. Provincial People's Committees (hereinafter referred to as provincial People's Committees) need to further strengthen the organization of inspections of riverbed sand and gravel extraction activities; resolutely halt illegal surveying, exploration, and extraction of sand and gravel. Police forces in conjunction with inland waterway traffic inspectors and related agencies should intensify inspection and handling of vessels and their operators involved in illegal sand and gravel extraction, transportation, and trade, in violation of legal provisions.

2. Provincial People's Committees shall take the lead and coordinate with the Ministries of Transport, Agriculture and Rural Development, Industry, Science, Technology and Environment, Defense, Public Security, Culture and Information, within their respective functions and authorities, to delineate areas and determine boundaries of zones prohibited or temporarily prohibited from surveying, exploration, and extraction of riverbed sand and gravel within the administrative jurisdiction of their locality, and submit them to the Prime Minister for consideration and approval.

3. Apart from the areas prohibited or temporarily prohibited from mineral activities approved by the Prime Minister, the issuance of permits for surveying, exploration, and extraction of riverbed sand and gravel must be carried out as follows:

a) The Ministry of Industry shall issue permits for surveying and exploration and organize the assessment and approval of reserves and quality of riverbed sand and gravel in accordance with the Minerals Law and Decree No. 76/2000/NĐ-CP dated December 15, 2000 of the Government detailing the implementation of the Minerals Law (amended).

b) Provincial People's Committees shall issue permits for the extraction of riverbed sand and gravel on areas where reserves have been approved by the Ministry of Industry. Before issuing permits for the extraction of riverbed sand and gravel, provincial People's Committees must seek written opinions from the Ministries of Agriculture and Rural Development, Transport, Science, Technology and Environment regarding conditions for protecting dykes, bridges, culverts, ensuring inland waterway traffic, protecting the environment, and public health in accordance with legal provisions.

c) For tributaries and short rivers in mountainous and midland provinces with small reserves of sand and gravel unsuitable for exploration, provincial People's Committees shall issue permits for the extraction of sand and gravel for construction materials and bear responsibility for ensuring safety without affecting dykes, bridges, culverts, inland waterway traffic, the environment, and public health. The permitted volume of sand and gravel extraction under one permit shall not exceed 50,000 m³/year, and the duration of one extraction permit shall not exceed 12 months.

4. The Ministry of Transport shall establish and approve plans for port dredging, channel clearance, adjustment of water flow, and organize annual dredging plans.

In cases of dredging that combine the recovery of riverbed sand and gravel within the boundary of one province, the volume of recovered sand and gravel must be registered with the provincial Department of Industry; if the dredging area falls within the boundaries of two or more provinces, the volume of recovered sand and gravel must be registered with the Vietnam Geological and Mineral Resources Department (Ministry of Industry) and relevant provincial Departments of Industry.

5. The Ministry of Industry, with its function of state management, shall take the lead and coordinate with provincial People's Committees and related agencies to strengthen the dissemination and popularization among the people of legal regulations concerning activities of surveying, exploration, extraction of sand and gravel, and dredging combined with the recovery of riverbed sand and gravel; at the same time, coordinate to guide and supervise inspection, supervision, and handling of violations in the extraction of riverbed sand and gravel.

This Directive replaces Directive No. 03/1999/CT-TTg dated January 20, 1999, and takes effect 15 days after the date of signature.

The Prime Minister requests relevant ministries, sectors, and provincial People's Committees to strictly implement this Directive. During the implementation process, if there are any difficulties, agencies shall promptly report to the Prime Minister for consideration and resolution.