Decree No. 23/2020/NĐ-CP on management of riverbed sand and gravel and protection of riverbeds, banks, and beaches

DECREE

Regulations on Management of Riverbed Sand and Gravel and Protection of Riverbeds, Banks, and Shores

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

Pursuant to the Law on Minerals dated November 17, 2010;

On the basis of the Law on Water Resources dated June 21, 2012;

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

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Law on Dikes dated November 29, 2006;

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

Pursuant to the Maritime Code dated November 25, 2015;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the Law on Trade dated June 14, 2005;

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

The Government promulgates this Decree stipulating regulations on management of riverbed sand and gravel and protection of riverbeds, banks, and shores.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates planning, exploration, exploitation; trading, stockpiling, transportation of riverbed sand and gravel, including sand and gravel in reservoirs and river mouths (hereinafter referred to collectively as riverbed sand and gravel) and work on protecting riverbeds, banks, and shores, reservoirs.

Article 2. Applicability

1. State management agencies for minerals, water resources; state management agencies related to the management of riverbed sand and gravel; trading, stockpiling, transportation of riverbed sand and gravel and protection of riverbeds, banks, and shores, reservoirs.

2. Organizations and individuals permitted to explore, exploit, transport sand and gravel and other minerals on rivers, streams, canals, creeks (hereinafter collectively referred to as rivers), reservoirs, and coastal river mouths.

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

a) Dredging and clearing channels to open new, improve, upgrade inland waterway channels, except routine maintenance of existing inland waterway routes (hereinafter abbreviated as dredging and clearing channels);

b) Reinforcing riverbanks, excluding flood control and disaster prevention works such as bank reinforcement and river rectification; filling, reclaiming rivers, improving landscapes in riverbank areas (hereinafter abbreviated as reinforcing riverbanks, reclaiming rivers);

c) Constructing floating structures on rivers, building river bridges, river ports, ferry terminals receiving ships, and other hydraulic works within the protected water source area or within riverbeds, banks, and shores, reservoirs (hereinafter abbreviated as constructing hydraulic works).

Article 3. Explanation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Riverbed sand and gravel refers to sand, pebbles, and gravel accumulated in riverbeds, streambeds, alluvial plains, river deltas from upstream to downstream; accumulated in reservoirs and river mouths.

2. Legally sourced sand and gravel refers to riverbed sand and gravel extracted according to permits issued by competent state authorities or registered quantities recovered from dredging and channel clearance projects of inland waterways (including in reservoirs, water intake areas, coastal river mouths) or extracted in accordance with Clause 2 of Article 64 and Clause 1, Clause 2 of Article 65 of the Minerals Law.

3. Legal traders of sand and gravel refer to organizations and individuals permitted by competent state authorities to extract riverbed sand and gravel; organizations and individuals meeting the conditions for business operations and purchasing and selling legally sourced sand and gravel as stipulated in Clause 2 of this Article.

4. The riverbank edge is the boundary between the natural slope of the riverbank and the natural ground surface horizontally. In cases where the river has been reinforced with a bank, the riverbank edge is the top of the bank reinforcement. Where the riverbank cannot be determined, the riverbank edge shall be decided by the competent authority under Clause 2 of Article 21 of this Decree within the range from the multi-year average flood level to the highest flood peak level.

5. The river shore is the land adjacent to the river calculated from the riverbank edge to the outer boundary of the dike protection zone for river routes with dikes; for river routes without dikes (except for flood-prone plains or areas frequently inundated by floods), based on the characteristics of the riverbank terrain and the flood characteristics of the river route, the specific range from the riverbank edge to the highest flood peak level shall be decided by the competent authority under Clause 2 of Article 21 of this Decree. Floating islands, river islands are areas of land above water within the riverbed, including partially submerged floating islands, seasonal floating islands, newly formed floating islands, which may not be regularly submerged by water.

6. The riverbed is the area between two riverbank edges.

Chapter II

MANAGEMENT OF RIVERBED SAND AND GRAVEL

Section 1

CONTENTS OF MANAGEMENT OF RIVERBED SAND AND GRAVEL

IN REGIONAL PLANNING

Article 4. Management of riverbed sand and gravel within the planning region

In cases where the planning region includes a river basin spanning multiple provinces, based on the document issued by the Ministry of Natural Resources and Environment as stipulated in Clause 1, Article 6 of this Decree, the agency responsible for drafting the plan shall incorporate the management provisions for riverbed sand and gravel as set forth in Article 5 of this Decree into the corresponding regional plan; ensuring that riverbed sand and gravel are rationally, economically, and effectively exploited and utilized to serve economic and social development; maintaining stability and natural balance within the river basin, consistent with the sand and gravel resources available in the basin.

Article 5. Content of riverbed sand and gravel management in the regional plan

The content of riverbed sand and gravel management in the regional plan includes:

1. Potential of riverbed sand and gravel resources within the river basin within the scope of the planning region.

2. Requirements for environmental protection; protection of the riverbed, banks, and floodplains; disaster prevention and response to climate change within the region.

3. Development perspectives of the regional plan will guide activities related to exploration, exploitation, and utilization of riverbed sand and gravel within the river basin.

4. Guidance for exploration and exploitation activities of riverbed sand and gravel within the river basin within the planning region regarding timeframes and total permitted extraction capacity on the territory of relevant localities during the planning period. The guidance for planning exploration and exploitation of riverbed sand and gravel within the river basin ensures minimal impact on the natural balance of the basin, aligning with the demand for sand and gravel for infrastructure development in relevant localities.

Article 6. Proposals for managing riverbed sand and gravel in the regional plan

1. Based on the list of river basins and water sources already issued by the competent authority; considering the scale of riverbed sand and gravel resources, their dynamics, and anticipated impacts on the riverbed, banks, and floodplains of each river basin, the Ministry of Natural Resources and Environment shall notify in writing to the agency responsible for drafting the regional plan about the river basins requiring management content for riverbed sand and gravel in the corresponding regional plan.

2. The agency tasked by the Prime Minister to draft the regional plan is responsible for soliciting opinions from the Ministries of Construction, Natural Resources and Environment, Transport, and Agriculture and Rural Development on the management content for riverbed sand and gravel specified in the relevant regional plan before submitting it to the Prime Minister for approval.

Section 2

EXPLORATION AND EXPLOITATION OF RIVERBED SAND AND GRAVEL

Article 7. Content of management, exploration, exploitation, and utilization of riverbed sand and gravel in the provincial plan

1. Based on the approved management content for riverbed sand and gravel in the relevant regional plan; taking into account the potential, reserves, and demand for riverbed sand and gravel of the locality and region, the Provincial People's Committee shall delineate areas for planned exploration and exploitation of riverbed sand and gravel to be included in the content of the provincial plan for the protection, exploration, exploitation, and utilization of mineral resources.

2. Areas designated for planned exploration and exploitation of riverbed sand and gravel as stipulated in Clause 1 of this Article must ensure they do not fall within prohibited mining zones or temporarily prohibited mining zones as prescribed by the Law on Minerals and Article 13 of this Decree.

Article 8. Principles for Issuing Permits for Exploration and Exploitation of River Sand and Gravel

The issuance of permits for exploration and exploitation of river sand and gravel must ensure the principles for issuing permits for mineral exploration and exploitation as stipulated in Clause 1, Article 40 and Clause 1, Article 53 of the Minerals Law, and the following principles:

1. It shall be carried out through the auction of mining rights, except for cases in areas where the auction of mining rights is not conducted, which have been approved by the competent authority in accordance with the laws on minerals.

2. In cases where the area proposed for permit issuance for exploration and exploitation of river sand and gravel borders two or more centrally-administered provinces or cities, before issuing the permit, the People's Committee of the province where the organization or individual requesting the permit is located must seek the written opinion of the People's Committee of the adjacent province.

3. Before issuing the permit, the People's Committee of the province must obtain the written approval of the state management agency responsible for inland waterways, disaster prevention and control, irrigation, and comply with the requirements specified in Article 15 of this Decree.

In addition to the contents prescribed in Clause 1, Article 54 of the Minerals Law, the Permit for Exploitation of River Sand and Gravel also includes the following contents:

2. Responsibilities of organizations and individuals granted permission to exploit:

a) Determining the boundaries of the exploitation area; marking the corner points of the exploitation area for river sand and gravel;

b) Names, types of vessels and equipment used for exploitation and transportation of sand and gravel, and requirements for registration under the laws on inland waterway transport and related laws; installation of tracking devices and storage of data and information about the location and movement route of vessels and equipment used for exploitation and transportation of sand and gravel;

c) Requirements for signing transportation contracts with carriers meeting the conditions stipulated by law when the exploiting organization or individual does not directly transport the sand and gravel after exploitation;

d) Requirements for installing notice boards along the river within the exploitation area to publicly disclose information on the exploitation permit, the sand and gravel exploitation project, including: coordinates, area, and schematic diagram of the exploitation area; exploitation time; names, vessels, and equipment used for exploitation of sand and gravel;

đ) Implementation of obligations and responsibilities for disaster prevention and control in accordance with the law.

Section 3

AGGREGATION, TRANSPORTATION, BUSINESS, AND USE OF RIVER SAND AND GRAVEL

Article 10. Wharfs and Piles for Aggregating River Sand and Gravel

1. Organizations and individuals granted permission to exploit or engage in business with river sand and gravel must meet the following requirements when aggregating sand and gravel at wharfs and piles after exploitation:

b) In cases where the wharf or pile is within the protected area of irrigation works or related to dyke management, it must be licensed by the competent state agency in accordance with the laws on irrigation and dyke management.

c) A notice board must be installed to publicly disclose information about the wharf or pile for aggregating sand and gravel, including: address providing sand and gravel aggregated at the wharf or pile; installation of weighbridges and cameras to monitor the volume of sand and gravel bought and sold at the wharf or pile, and the area of the wharf or pile.

2. In cases where wharfs or piles are not used, organizations and individuals granted permission to exploit river sand and gravel must sign transportation contracts with carriers meeting the requirements stipulated in Article 11 of this Decree.

Article 11. Transport Means for River Sand and Gravel

Transport means for river sand and gravel must meet the requirements regarding operational conditions of the transport means as stipulated by relevant laws on inland waterway traffic and the provisions in the Mineral Extraction Permit.

Article 12. Business and Use of River Bed Sand and Gravel

1. River bed sand and gravel that organizations and individuals engage in business with must be legally sourced sand and gravel as provided for in Clause 2, Article 3 of this Decree.

2. During the transportation of river sand and gravel, the transport means owner must carry invoices and other documents proving the legal origin of the sand and gravel; information, data, records, and documents about the quantity of sand and gravel being transported; the seller must issue an invoice to the buyer in accordance with the law.

3. Any acts of trading or doing business with illegally sourced river bed sand and gravel shall be handled according to the provisions of the law on minerals and other related laws.

4. River bed sand and gravel of sufficient quality shall not be used for construction purposes such as land filling and surface improvement.

5. The business, accumulation, and transportation of river bed sand and gravel must ensure environmental protection requirements, strictly prohibiting the use of overloaded vehicles on levees.

Chapter III

PROTECTION OF RIVER BEDS, BANKS, AND SHORES

Article 13. Zoning of Prohibited and Temporary Prohibited Areas for Sand and Gravel Mining Activities

1. The zoning of prohibited areas and temporary prohibited areas for sand and gravel mining activities shall be carried out in accordance with Article 28 of the Minerals Law; regulations on water resources, dike management, inland waterway traffic, and other relevant laws and the provisions of Clauses 2 and 3 of this Article.

2. Based on the geographical features, geological characteristics, morphology of the river bed, flow regime, changes in the river bed, banks, and shores, and the current and evolving situation of erosion and bank collapse, the following areas shall be zoned as prohibited areas for sand and gravel mining activities:

a) Areas currently experiencing collapse and erosion;

b) Areas previously affected by collapse and erosion and at risk of further collapse and erosion;

c) Unstable river bank areas at risk of collapse and erosion;

d) Other areas of significant importance for ensuring the stability and safety of the river banks, including areas with national defense and security facilities, urban areas, residential areas, dike and water conservancy works, transportation infrastructure, water supply and drainage systems, monitoring and surveillance facilities, and other technical infrastructure where sand and gravel extraction could increase the risk of river bank instability, as decided by the provincial People's Committee.

3. The following areas shall be zoned as temporary prohibited areas for sand and gravel mining activities:

a) Areas adjacent to those specified in Clause 2 of this Article where sand and gravel extraction could increase the risk of collapse and erosion;

b) Other areas determined by the provincial People's Committee to ensure prevention and control of river bank collapse and erosion.

4. The provincial People's Committee shall organize the zoning of prohibited or temporarily prohibited areas for sand and gravel mining activities within their jurisdiction based on the provisions of Clauses 1, 2, and 3 of this Article, seek opinions from relevant agencies under the law on minerals, and opinions from the relevant river basin management committees (if any), and submit to the Ministry of Natural Resources and Environment for review and submission to the Prime Minister for approval.

5. The review and adjustment of prohibited areas and temporary prohibited areas for sand and gravel mining activities shall be conducted every five years or when there are changes in the areas specified in Clauses 2 and 3 of this Article. In urgent cases where there is a threat to dike safety, human lives, property, and public safety, the provincial People's Committee may decide to suspend sand and gravel mining activities, delineate the areas, report to the Prime Minister, and request the inclusion of these areas in the list of prohibited mineral extraction zones and temporary prohibited mineral extraction zones.

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

1. Be consistent with socio-economic development plans, water resource planning, flood prevention and control planning, dike and reservoir planning, and other relevant plans.

2. Be consistent with regulations on flood discharge corridors, reservoir discharge corridors, protection of hydraulic works, dikes, religious and cultural structures, and other infrastructure, except in emergency situations; be consistent with requirements for cultural preservation, biodiversity conservation, natural ecosystem protection, national security, defense, and water source protection.

3. Protect and maintain the flood discharge capacity of rivers; not reduce the flood discharge capacity leading to flooding of riverbanks and adjacent lands, causing bank erosion, affecting the function of water source protection corridors; not reduce river water levels during dry seasons affecting water extraction and utilization activities on the river.

4. Not cause sedimentation, erosion, or bank instability, affecting the function of water sources.

5. Implement measures to prevent and control water pollution, protect the environment, scenic beauty, and riparian ecosystems.

6. Comply with regulations on managing water source protection corridors.

Sand and gravel mining in riverbeds must comply with the general requirements for protecting riverbeds, banks, and beaches stipulated in Article 14 of this Decree and the following specific requirements:

1. For cases of sand and gravel mining in riverbeds:

a) The boundaries of the mining area must be at a safe distance from the riverbank, appropriate to the natural width of the riverbed, topography, geology, and stability of the riverbank, as determined by the competent state authority under Clause 2, Article 21 of this Decree;

b) The slope of the bottom of the mining route must be equivalent to the natural slope of the riverbed section being mined and ensure that the overall slope of the river does not change abruptly; the depth of mining must be suitable for the topography and geology of the river section, ensuring that no whirlpools are formed or the risk of bank instability increases, as determined by the competent state authority under Clause 2, Article 21 of this Decree;

c) For river sections in midland and mountainous areas subject to seasonal sedimentation, based on the actual sedimentation conditions, the competent state authority under Clause 2, Article 21 of this Decree shall determine specific requirements for sand and gravel mining activities to prevent and mitigate risks of bank erosion, as stipulated in this Decree.

2. For cases of sand and gravel mining on riverbanks:

a) The bottom elevation of the mining area must not exceed the level corresponding to the average low-water mark in the mining area, except when combined with channel clearance activities to enhance flood discharge capacity;

b) For partially submerged banks, seasonal banks, and newly formed banks, based on actual conditions and requirements for preventing bank erosion, the competent state authority under Clause 2, Article 21 of this Decree shall specify the scope and depth of the mining area.

3. If erosion occurs in the mining area, mining operations must be immediately halted, and the local authorities and the Department of Natural Resources and Environment where the mining activity takes place must be notified for inspection and determination of the causes and extent of impact on the riverbed, banks, and beaches, and a report submitted to the Provincial People's Committee for review and decision.

If the conditions for continuing mining are not met, the Provincial People's Committee shall consider and adjust the prohibited or temporarily prohibited mining areas according to Clause 5, Article 13 of this Decree.

Sand and gravel extraction in areas within hydropower and irrigation reservoirs must comply with laws on water resources management, ensure safety of works, protect the reservoir environment, other relevant laws, meet general requirements for protecting riverbeds, banks, and beaches as stipulated in Article 14 of this Decree, and at the same time must meet the following requirements:

1. Be consistent with regulations on reservoir protection zones, work protection, and ensure absolute safety for dams, reservoirs, and components attached to the reservoir.

2. Only be allowed to extract sediment storage and must be linked to dredging requirements, preventing and controlling sedimentation in the reservoir.

3. Not cause water pollution, affect the exploitation and utilization of water resources in the reservoir, and not reduce the functions and tasks of the reservoir approved by competent authorities.

Dredging and channel clearance for new openings, improvements, and upgrades of inland waterway traffic routes (basic dredging) must comply with laws on inland waterway navigation areas, other relevant laws, and at the same time meet general requirements for protecting riverbeds, banks, and beaches as stipulated in Article 14 of this Decree, and must also meet the following requirements:

1. The scope of channel dredging must be consistent with width and depth requirements to ensure technical standards for vessel passage channels according to approved planning.

2. In cases where the required dredging area is adjacent to a bank prone to erosion or at risk of erosion, the channel must be adjusted appropriately to minimize the risk of bank erosion.

3. If erosion occurs during dredging operations, dredging must be temporarily halted and the local government and the Department of Natural Resources and Environment where the dredging activity takes place must be immediately notified for inspection, determination of causes, and impact levels on the riverbed, banks, and beaches, and a report submitted to the provincial People's Committee for consideration and decision.

4. For dredging and channel clearance activities that involve recovering dredged products such as sand and gravel from the riverbed, maintenance combined with recovery of sand and gravel from the riverbed, the selection of organizations and individuals to implement the project must comply with laws on inland waterway transportation and other relevant laws; registration of quantities and methods for recovering dredged products such as sand and gravel from the riverbed must comply with laws on mineral resources and provisions of this Decree. Organizations and individuals are only permitted to dredge and clear channels according to approved designs.

Bank revetment, reinforcement, riverbank filling, encroachment, and landscape improvement in riverbank areas must meet general requirements for protecting riverbeds, banks, and beaches as stipulated in Article 14 of this Decree, and must also meet the following requirements:

1. Ensure flow continuity, flood discharge capacity, prevention of riverbed and bank erosion, and measures to limit adverse impacts on the stability of riverbeds, banks, and beaches in adjacent upstream and downstream areas.

2. Minimize river encroachment and narrowing of flood containment and discharge space. In special cases where river encroachment is necessary to implement measures to prevent and control bank erosion, ensure bank stability, riverbank land stability, or other requirements for protecting riverbeds, banks, and beaches, it must be linked to river regulation and riverbank landscape improvement requirements, and the encroached river area can only be used for public, defense, and security purposes, except in cases approved by the Prime Minister.

Construction activities of waterworks projects must comply with general requirements for protecting riverbeds, banks, and beaches as stipulated in Article 14 of this Decree, while also meeting the following requirements:

1. Not to obstruct the operation of inland waterway vessels on rivers, nor reduce the capacity for flood drainage.

2. To ensure the stability of riverbanks, without increasing the risk of riverbank erosion.

1. Organizations and individuals who are project sponsors conducting activities specified in Clause 2 and Clause 3 of Article 2 of this Decree must implement an assessment of the impact of such activities on ensuring the stability of riverbanks and adjacent lands; ensuring the flow of water currents, flood drainage capacity, sedimentation and erosion of riverbeds and banks, reduction of river water levels during dry seasons, conservation of related ecosystems (hereinafter referred to collectively as assessment of impact on riverbeds, banks, and beaches).

2. The content of the assessment of impact on riverbeds, banks, and beaches is part of the environmental impact assessment report or environmental protection plan of the project and must meet the following requirements:

a) Quantitatively assess specific impacts on ensuring the stability of riverbanks and adjacent lands; ensuring the flow of water currents, flood drainage capacity during flood seasons; sedimentation and erosion dynamics of riverbeds and banks; reduction of river water levels during dry seasons and their effects on river water extraction activities;

b) The content of the assessment as prescribed in Point a of this Clause must be carried out for different implementation schemes including sand and gravel extraction, dredging, channel clearance, bank protection, filling, land reclamation, construction of other works along rivers, corresponding to various scenarios of flood and low-flow conditions, including the most adverse scenario under climate change and sea level rise conditions;

c) Based on the results of the impact assessment, it must provide arguments and explanations to clearly demonstrate compliance with the requirements for protecting riverbeds, banks, and beaches as stipulated in this Decree and select and propose implementation schemes, including scope, scale, duration of implementation, and commitments during the implementation process.

1. The review of the content of the assessment of impact on riverbeds, banks, and beaches is conducted concurrently with the review of the environmental impact assessment report or the examination and confirmation of the environmental protection plan of the project. The review results must analyze and evaluate compliance with the requirements of this Decree and propose contents for approval of implementation schemes as stipulated in Clause 1 of Article 22 of this Decree.

2. The authority responsible for reviewing the environmental impact assessment report or examining and confirming the environmental protection plan of the project must assess the impact on riverbeds, banks, and beaches and be responsible for reviewing the content of the assessment of impact on riverbeds, banks, and beaches, specifically as follows:

For projects that require an assessment of impact on riverbeds, banks, and beaches falling under the following cases on inter-provincial rivers, the Ministry of Natural Resources and Environment shall be responsible for reviewing and approving the environmental impact assessment report and approving the implementation scheme, except for the cases stipulated in Clause 3 of this Article:

- Sand and gravel extraction, dredging, channel clearance on sections of inter-provincial rivers serving as boundaries between two or more provinces, or on other sections of inter-provincial rivers within a range not exceeding five kilometers from the boundary between two provinces upstream or downstream;

- Bank protection, river reclamation on sections of inter-provincial rivers serving as boundaries between two provinces; bank protection, river reclamation on other sections of inter-provincial rivers with a planned river reclamation length over one kilometer or narrowing the width of the riverbed by more than five percent.

b) Provincial People's Committees approve implementation schemes for projects within their jurisdiction for reviewing and approving environmental impact assessment reports, except for the cases stipulated in Point a of this Clause;

c) Any agency authorized to confirm environmental protection plans according to environmental protection laws shall have the authority to approve implementation schemes for those projects, except for the cases stipulated in Points a and b of this Clause.

3. Ministries and ministerial-level agencies shall be responsible for soliciting opinions from the Ministry of Natural Resources and Environment regarding the results of the assessment of impact on riverbeds, banks, and beaches and proposed implementation schemes during the review of the environmental impact assessment report.

1. The content of approval for implementation plan is reflected in the decision approving the environmental impact assessment report of the project or the document confirming the environmental protection plan.

2. The content of approval for implementation includes:

a) Scope, scale, time of implementation.

b) Requirements and conditions for protecting river banks, ensuring the stability of river banks, areas adjacent to rivers, and preventing and combating river bank erosion.

3. In cases where the environmental impact assessment report and the environmental protection plan are received and reviewed before this Decree takes effect, there is no need to supplement the content assessing impacts on river beds, banks, and beaches.

Chapter IV

RESPONSIBILITIES OF MINISTRIES, GOVERNMENT-LEVEL AGENCIES AND PEOPLE'S COMMITTEES AT ALL LEVELS

AND THE PEOPLE'S COMMITTEES AT ALL LEVELS

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

1. To take the lead in drafting and submitting to the Prime Minister for approval the basic geological survey planning for mineral resources, including riverbed sand and gravel, nationwide, and organize its implementation after approval.

2. To announce river basins and management contents of riverbed sand and gravel in regional planning as stipulated in Clause 1 and Clause 2, Article 5 and Article 6 of this Decree; participate in providing opinions within their authority on the management, exploration, exploitation, and utilization of mineral resources in provincial planning in accordance with laws on planning.

3. To review areas prohibited or temporarily prohibited from sand and gravel extraction activities, submit them to the Prime Minister for approval; approve the protection plans for river beds, banks, and beaches in the environmental impact assessment reports according to Point a, Clause 2, Article 21 and Clause 2, Article 22 of this Decree; organize inspections, supervision, and handling of violations of laws on sand and gravel extraction, river bed, bank, and beach protection, and prevention and control of erosion according to their authority.

4. To implement measures for protecting and preventing erosion of river beds, banks, and beaches, and water source protection zones for inter-provincial rivers; organize investigations, assessments, monitoring, and surveillance of flow changes, sedimentation, erosion of river beds, banks, and beaches on inter-provincial rivers; organize research to determine changes in river channels and natural laws affecting the stability of river beds, banks, and beaches.

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

Article 24. Responsibilities of the Ministry of Construction

1. To guide, inspect, and compile information on investment in the exploitation and use of riverbed sand and gravel; balance supply and demand for sand and gravel resources nationwide; participate in formulating the management content of riverbed sand and gravel in regional planning as stipulated in Clause 3 and Clause 4, Article 5 of this Decree based on reviewing, inspecting, and supplementing related plans concerning the exploration and exploitation of riverbed sand and gravel to complete the management content of riverbed sand and gravel; participate in providing opinions within their authority on the management, exploration, exploitation, and utilization of mineral resources in provincial planning in accordance with laws on planning.

2. To issue, guide, and inspect the implementation of technical standards for using riverbed sand and gravel as construction materials; standards and technical regulations for producing and using alternative materials to riverbed sand and gravel.

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

Coordinate with ministries, ministerial-level agencies, provincial People's Committees related to determining the scope, scale, boundaries of areas within the protection zone for safety of water conservancy works and river management under the responsibility of the ministry as stipulated in Articles 14 and 18 of this Decree.

Article 26. Responsibilities of the Ministry of Transport

1. Coordinate with ministries, ministerial-level agencies, provincial People's Committees related to determining the scope, scale, boundaries of areas within the protection zone for safety of navigation channels and river works to be submitted to the Prime Minister for approval as stipulated in Articles 14 and 17 of this Decree.

2. Annually report plans and timeframes for dredging activities in port waters and inland waterways under their jurisdiction to the Ministry of Natural Resources and Environment and relevant provincial People's Committees for coordination in management as prescribed.

3. Lead inspections and handle violations within their authority; coordinate with relevant provincial People's Committees in supervising the volume of sand and gravel recovered during maintenance and dredging of inland waterway channels.

Article 27. Responsibilities of the Ministry of Public Security

1. Ensure security and order on rivers and sea ports.

2. Direct specialized units to lead and coordinate with relevant specialized units of other ministries and sectors in preventive work, inspection, and handling of illegal sand and gravel extraction; transportation, stockpiling, and trading of unlicensed sand and gravel in border areas between localities.

3. Direct provincial and centrally-administered city police forces and specialized units to strengthen patrols and inspections, implement preventive measures, and handle violations in sand and gravel extraction activities according to the law.

Article 28. Responsibilities of the Ministry of Industry and Trade

Direct market management forces to cooperate with inland waterway police and environmental police in inspecting and handling illegal sand and gravel transportation and trade on rivers; lead inspections and handle violations of sand and gravel transportation and trade along the shore within their authority and according to the law.

Article 29. Responsibilities of the Ministry of Finance

1. Inspect and handle violations in compliance with invoice and accounting record systems for sand and gravel trade; address the legalization of input documentation for the use of river sand and gravel at construction projects.

2. Direct tax authorities to cooperate with relevant agencies in inspecting and verifying actual sand and gravel production volumes.

Article 30. Responsibilities of the Ministry of Science and Technology

Lead and coordinate with the Ministry of Construction in researching methods to treat saline sand for use in construction materials; produce alternative materials to replace river sand and gravel for construction and land filling.

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

1. Provincial People's Committees shall perform state management responsibilities over mineral resources within their jurisdiction as prescribed by the Law on Minerals, Government regulations, and tasks related to river sand and gravel management; protect riverbeds, banks, and beaches specifically as follows:

a) Develop management, exploration, exploitation, and utilization of river sand and gravel in provincial planning as prescribed by law;

c) Lead and coordinate with provincial People's Committees sharing administrative boundaries along rivers in managing, inspecting, handling violations, issuing exploration and exploitation permits for river sand and gravel; develop and promulgate cooperation regulations for river sand and gravel management, inspection, and violation handling in border areas (hereinafter referred to as cooperation regulations) and implement such regulations in their jurisdictions after promulgation;

d) Develop and promulgate plans to protect unexploited river sand and gravel within their jurisdictions, including provisions on the responsibility and handling of heads of departments and local authorities;

đ) Direct inland waterway police and environmental police under the provincial public security department to lead and coordinate with relevant sectors in organizing patrols, inspections, and handling violations within their authority regarding illegal sand and gravel extraction; transportation and trading of unlicensed sand and gravel within their jurisdictions;

e) Assign the Department of Natural Resources and Environment to lead inspections, investigations, and handling of violations of sand and gravel extraction laws on rivers, lakes, and coastal estuaries; protect and prevent erosion of riverbeds, banks, and beaches within their jurisdiction;

g) Implement measures to protect and prevent erosion of riverbeds, banks, and beaches, and water source protection zones within provincial rivers; organize surveys, assessments, monitoring, and supervision of river flow, sedimentation, erosion, and deposition within provincial rivers;

h) Approve planning for systems of berths and stockpiles and issue permits for berths and stockpiles for river sand and gravel as stipulated in Article 10 of this Decree;

i) Annually (or upon request) report to the Ministry of Construction, the Ministry of Natural Resources and Environment, and relevant central agencies about the issuance of exploration, exploitation, and utilization permits for river sand and gravel in their jurisdictions.

2. District People's Committees (including district, town, and city people's committees directly under provinces, hereinafter referred to as district-level People's Committees) shall perform state management responsibilities over mineral resources within their jurisdictions as prescribed by the Law on Minerals, Government regulations, and the following tasks:

a) Implement cooperation regulations on their territories and those of adjacent districts within administrative boundary areas;

b) Direct commune, ward, and town people's committees (hereinafter referred to as commune-level People's Committees) to implement measures to protect unexploited sand and gravel.

c) Prevent unauthorized sand and gravel extraction activities immediately upon discovery or receipt of information about such activities occurring within the administrative area; handle violations according to the law; in cases exceeding authority, report to the Provincial People's Committee for handling according to the law;

d) The Chairman of the District People's Committee shall be fully responsible before the Provincial People's Committee regarding riverbed sand and gravel management within the district according to the law.

3. The Commune People's Committee shall implement state management responsibilities over minerals within its administrative area according to the Minerals Law, government regulations, and the following tasks:

a) Propagate, disseminate, and educate the law on minerals to villages, hamlets, and neighborhoods; mobilize local residents not to engage in unauthorized sand and gravel extraction, stockpiling, trading, or transportation;

b) Detect and report organizations and individuals engaging in unauthorized mineral extraction and sand and gravel extraction; implement coordination mechanisms within the administrative area and with communes in adjacent areas;

c) Prevent unauthorized sand and gravel extraction activities immediately upon discovery; handle violations according to the law; in cases exceeding authority, report to the higher-level People's Committee for handling according to the law;

d) The Chairman of the Commune People's Committee shall be fully responsible before the District People's Committee regarding riverbed sand and gravel management within the commune according to the law.

Article 32. Contents of Coordination Regulations in Riverbed Sand and Gravel Management in Border Administrative Areas

The coordination regulations stipulated in Point c Clause 1 of Article 31 of this Decree must comply with laws on minerals and related laws; ensure consistency in planning, granting permits for sand and gravel exploration and extraction; enhance the role and responsibility of relevant localities in managing sand and gravel in border areas, and include the following main contents:

1. Responsibilities for exchanging information on state management of minerals include: general information on mineral activity conditions in border areas; information on mineral activities in border areas from various levels of People's Committees; information on permits for sand and gravel exploration/extraction, other minerals (if applicable); quantity, identification marks of equipment participating in sand and gravel extraction and transportation, technical infrastructure conditions (material storage sites).

2. Cooperation in detecting, preventing, and dismantling unauthorized sand and gravel extraction activities; cooperation, directing, and organizing strict handling of violations of sand and gravel extraction laws within the authority of various levels of People's Committees; cooperation, creating conditions, and supporting in terms of equipment, facilities, and forces.

3. Responsibilities of the Department of Natural Resources and Environment in leading and coordinating with functional sectors to handle violations of mineral laws within their authority; responsibilities of the Provincial Public Security in patrolling, inspecting, and handling violations according to regulations for unauthorized sand and gravel extraction activities within the locality; responsibilities for coordinating with inland water police and environmental police forces in strictly handling illegal sand and gravel extraction activities, transportation, and sales without legal sources in border administrative areas.

4. Cooperation in summarizing and concluding the implementation of signed coordination regulations; evaluating results, causes, and solutions to improve the effectiveness of state management of sand and gravel resources in border areas.

Chapter V

IMPLEMENTATION

Article 33. Transitional Provisions

1. For sand and gravel extraction activities conducted under issued sand and gravel extraction permits prior to the effective date of this Decree; related activities concerning riverbeds, banks, and beaches as prescribed in this Decree that have been approved by competent authorities and are currently being implemented do not need to undergo impact assessments and obtain approval for implementation plans as stipulated in Articles 20, 21, and 22 of this Decree, except as provided in Clause 2 of this Article.

2. For projects involving activities prescribed in Clauses 2 and 3 of Article 2 of this Decree that have been approved by competent authorities and are currently underway but affecting flood discharge capacity, riverbank stability, causing riverbank erosion, or impacting the safety of riverside structures, they must be temporarily halted for review and impact assessment according to this Decree. If they do not meet the requirements of this Decree, adjustments must be made accordingly.

3. For applications for exploration permits and sand and gravel extraction permits received by competent authorities before the effective date of this Decree, the review and approval procedures shall be carried out according to the laws in effect at the time of application submission.

4. Exploration and extraction planning for riverbed sand and gravel or exploration and extraction planning for minerals (including riverbed sand and gravel) at provincial level already approved according to regulations shall continue to be implemented until national sectoral planning or regional planning related to them is approved by competent authorities according to planning laws.

Article 34. Effective Date

This Decree takes effect from April 10, 2020.

Article 35. Responsibility for implementation organization

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees, and related organizations and individuals shall be responsible for the implementation of this Decree./.