Laws of Vietnam

On January 20, 1999, the Prime Minister issued Directive No. 03/1999/CT-TTg aiming to enhance the State management over sand and gravel survey, exploration and exploitation as well as river-bed dredging in combination with full extraction of sand and gravel therefrom. After more than three years, the activities of sand and gravel survey, exploration and exploitation as well as river-bed dredging in combination with full extraction of sand and gravel therefrom across the country have gradually been put into order. The managerial work of ministries, branches and People’s Committees of the provinces and centrally-run cities has been step by step enhanced. However, illegal exploitation of river-bed sand and gravel, though slowed down, has caused adverse impacts, leading to landslides and change or obstruction of flows. In some localities, the illegal river-bed sand and gravel exploitation still develops complicatedly and uncontrollably, thus causing difficulties to the managerial work.

In order to overcome the above-said shortcomings and further enhance the State management over sand and gravel survey, exploration and exploitation as well as river-bed dredging in combination with full extraction of sand and gravel therefrom according to law provisions, the Prime Minister hereby instructs:

1. The People’s Committees of the provinces and centrally-run cities (hereafter referred collectively to as the provincial People’s Committees) to further enhance the inspection of river-bed sand and gravel exploitation activities; resolutely suspend the illegal survey, exploration and exploitation of sand and gravel. The police forces shall coordinate with waterway transportation inspectorate and relevant agencies in stepping up the examination and handling of means and means owners that illegally exploit, transport and trade in sand and gravel, and violate law provisions.

2. The provincial People’s Committees to assume the prime responsibility and coordinate with the Ministries of Communications and Transport, Agriculture and Rural Development; Industry; Science, Technology and Environment; Defense; Public Security; and Culture and Information, within the ambit of their respective functions and powers, in determining the areas where the river-bed sand and gravel survey, exploration and exploitation activities are prohibited or temporarily prohibited within the scope of administrative management by their respective localities, then submitting such to the Prime Minister for consideration and approval.

3. Apart from the areas where mineral activities are prohibited or temporarily prohibited, which have been approved by the Prime Minister, the granting of river-bed sand and gravel survey, exploration and exploitation permits must comply with the following stipulations:

a/ The Ministry of Industry shall grant survey and exploration permits and organize the evaluation and approval of river-bed sand and gravel reserve and quality according to the provisions of the Law on Minerals and the Government’s Decree No. 76/2000/ND-CP of December 15, 2000 detailing the implementation of the Law on Minerals (Amended).

b/ The provincial People’s Committees shall grant permits for exploiting river-bed sand and gravel on the areas where the deposits thereof have already been approved by the Ministry of Industry. Before granting river-bed sand and gravel exploitation permits, the provincial People’s Committees must gather from the Ministries of Agriculture and Rural Development; Communications and Transport; and Science, Technology and Environment their written comments on dyke, bridge and sewer protection conditions, ensuring waterway transportation, environmental and ecological environment protection,… according to law provisions.

c/ For short river tributaries in mountainous and midland provinces with low sand and gravel deposits and unsuitable conditions for exploration, the provincial People’s Committees shall grant permits to exploit sand and gravel for use as construction materials and take responsibility for the safety of dykes, bridges, sluice gates, waterway transportation, environment and ecological environment… The volume of to be-exploited sand and gravel under each permit shall not exceed 50,000 m3/year, and the valid duration of each exploitation permit shall not exceed 12 months.

4. The Ministry of Communications and Transport to elaborate and approve plans on dredging harbors, widening canals and regulating water flows and organize the implementation of the annual dredging plans.

In cases where river-bed dredging in combination with full extraction of sand and ravel is carried out within one province, the extraction volume must be registered at the provincial Service of Industry; if the to be-dredged area spreads over 2 or more provinces, the extraction volume must be registered at Vietnam Geological and Mineral Department (the Ministry of Industry) and the concerned provincial/municipal Industry Services.

5. The Ministry of Industry, with the State management function, to assume the prime responsibility and coordinate with the provincial People’s Committees and relevant agencies in enhancing the propagation and dissemination among people of the law provisions on sand and gravel survey, exploration and exploitation as well as river-bed dredging in combination with full extraction of sand and gravel therefrom; and at the same time coordinate the direction and guidance of the work of inspection, examination and handling of the violating acts in river-bed sand and gravel exploitation.

6. This Directive replaces Directive No. 03/1999/CT-TTg of January 20, 1999 and takes effect 15 days after its signing.

The Prime Minister requests the concerned ministries and branches as well as the People’s Committees of the provinces and centrally-run cities to seriously organize the implementation of this Directive. In the course of implementation, if any problems arise, agencies should promptly report them to the Prime Minister for consideration and settlement.

For the Prime Minister
Deputy Prime Minister
NGUYEN TAN DUNG