Directive No. 29/2008/CT-TTg on continuing to strengthen state management over surveying, extraction, transportation, and consumption of river sand and gravel

DIRECTIVE

On the matter of further strengthening state management over activities

surveying, extracting, transporting, and consuming river sand and gravel

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Implementing Directive No. 16/2002/CT-TTg dated July 31, 2002 of the Prime Minister, the state management work of ministries, sectors, and provincial people's committees over surveying, exploring, extracting river sand and gravel, and dredging combined with recovering river sand and gravel throughout the country has gradually become more organized and strengthened, contributing significantly to the construction and development of the national economy and society.

However, illegal surveying, extraction, transportation, and consumption of river sand and gravel continue to occur in many places and have become increasingly complex, leading to the loss of mineral resources, complicating management efforts, causing riverbank erosion, threatening the safety of dykes, bridges, culverts, people and property, and obstructing inland waterway traffic. The situation of lax management and issuing permits for surveying and extracting river sand and gravel not in accordance with the law still occurs quite frequently in many localities. The development of plans for surveying, extracting, processing, and using minerals has been slow. The coordination between relevant ministries, sectors, and provincial people's committees in inspecting and handling violations of the law has not been strict and regular.

To address the aforementioned issues and further strengthen state management over surveying, exploring, extracting, dredging combined with recovering, transporting, and consuming river sand and gravel in accordance with the law, the Prime Minister instructs:

1. Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) shall be responsible for:

a. Taking the lead and coordinating with the Ministries of Natural Resources and Environment, Construction, Transport, Agriculture and Rural Development, Public Security, and Finance to concentrate on reviewing, inspecting, and firmly suspending illegal surveying, extraction, transportation, and business operations involving sand and gravel that do not meet the prescribed conditions; immediately revoking any permits for surveying, extraction, transportation, and business operations involving sand and gravel issued in violation of the law; clarifying and strictly holding accountable organizations and individuals involved according to the law, and reporting to the Prime Minister before November 30, 2008;

b. Completing the development and submitting to the People's Council at the same level for approval the Plan for Surveying, Extracting, Processing, and Using Minerals within their jurisdiction (including river sand and gravel) before November 30, 2008. For the plan concerning surveying, extracting, and using river sand and gravel in border areas between provinces, there must be a written opinion from the provincial-level People's Committee sharing the border before submission for approval according to regulations;

c. For tributaries and short rivers in mountainous and midland regions where sand and gravel are usually accumulated and change seasonally with a small scale, the application for a permit to extract must include a geological survey report of the proposed area confirmed in writing by the Department of Natural Resources and Environment proving that there are no higher-value minerals present. The volume of sand and gravel permitted under one permit shall not exceed 5,000 m³, the duration of extraction under one permit shall not exceed six months, and it can only be carried out during the dry season;

d. Coordinating with the Ministries of Agriculture and Rural Development, and Transport to review the system of wharfs along river routes to develop port and wharf planning for sand and gravel storage areas as stipulated; developing plans and locations for unloading overloaded vessels at key traffic points in each province to effectively prevent illegal transportation of river sand and gravel.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with provincial-level People's Committees and related agencies to strengthen the dissemination and education among the public regarding laws on minerals; coordinate to guide inspection, supervision, and handling of violations in the extraction of river sand and gravel.

3. The Ministry of Transport shall establish and approve plans for dredging ports, clearing channels, adjusting flow, and organize annual dredging plans. Organizations assigned to dredge and recover river sand and gravel must register the recovered volume with the provincial Department of Natural Resources and Environment where the activity takes place.

4. The Ministry of Science and Technology shall take the lead and coordinate with the Ministries of Natural Resources and Environment, Agriculture and Rural Development, Transport, and provincial-level People's Committees to conduct research and evaluate the causes of riverbank erosion in the Mekong River, Red River, and Dong Nai River systems, and propose effective preventive and remedial measures.

5. The Ministry of Construction shall urgently complete guidance on exporting construction materials and raw materials for cement production, completing by November 30, 2008; take the lead and coordinate with the Ministries of Natural Resources and Environment, Transport, Planning and Investment, Industry and Trade, Agriculture and Rural Development, and related provincial-level People's Committees to forecast domestic demand and supply balance for construction sand and gravel until 2015 and provide orientation up to 2020, reporting to the Prime Minister for consideration and decision on the policy for exporting construction sand and gravel.

In the interim, the export of construction sand and gravel, including river sand and gravel and sea sand, shall be suspended. For contracts for the export of construction sand and gravel signed before November 30, 2008, they may continue to be implemented until completion of the contract.

The Prime Minister requests relevant ministries, sectors, and provincial-level People's Committees to promptly organize the implementation of this Directive. During the implementation process, if any difficulties arise, they should be reported to the Prime Minister for timely consideration and resolution.