From July 1st, 2024, what are requirements for mining of sand and gravel in rivers in Vietnam?

From July 1st, 2024, what are requirements for mining of sand and gravel in rivers in Vietnam?

On May 16th, 2024, the Government issued the Decree 53/2024/ND-CP elaborating some Articles of the Law on Water Resources in 2023.

Pursuant to Article 61 of the Decree 53/2024/ND-CP stipulating requirements for mining of sand and gravel in rivers in Vietnam:

- River sand and gravel mining activities including river bed and terrace sand and gravel mining must comply with regulations of law on minerals, other relevant regulations of law, requirements specified in clause 2 Article 60 of the Decree 53/2024/ND-CP and the following requirements:

+ The mining area’s that must be away from the edge of the bank at a minimum distance suitable for the natural width of the river bed, topographic and geological characteristics and river bank stability shall be decided by the authority appraising the environmental impact assessment report within its power;

+ The slope of the bed of the mined river route which must be equivalent to the natural slope of the bed of the mined river segment and must not suddenly change the slope of the whole river route and the mining depth which must be suitable for the topographic and geological characteristics of the river segment and must not form any swirling hole or increase the risk of river bank instability shall be decided by the authority appraising the environmental impact assessment report;

+ If the river segment running through a midland or mountainous region has undergone seasonal sedimentation, according to the sedimentation changes, the authority appraising the environmental impact assessment report shall decide to lay down specific requirements for the sand and gravel mining to ensure that the risk of river bank and terrace erosion is prevented and minimized;

+ In the case of river terrace sand and gravel mining, the height of the bed of the mining area must not exceed the height corresponding to the average water level during dry season in the mining area, except for the case in which the mining is carried out together with the clearing of flow and enhancement of the flood drainage ability of the river segment;

+ The mining locations, range and depth, sand and gravel mining modes shall be permitted by the regulatory body licensing the mineral mining as per regulations of law on minerals, ensuring that erosion is not caused to protect river beds, banks and terraces.

- If any sign of bank erosion appears in the mining area during the mining process, it is required to suspend the mining and immediately notify the local government and Department of Natural Resources and Environment of the province where the mining is carried out in order to preside over and cooperate with relevant agencies to inspect and identify the causes and magnitude of impacts on river beds, banks and terraces and a report thereon shall be submitted to the provincial People’s Committee for consideration and decision.

If the mining cannot be resumed, the provincial People’s Committee shall consider adding the mining area to the list of areas prohibited or temporarily prohibited river bed sand and gravel mining in accordance with regulations of law on minerals.

From July 1st, 2024, what are requirements for mining of sand and gravel in rivers in Vietnam? - image from internet

What are requirements for mining of sand and gravel in lakes in Vietnam?

Pursuant to Article 62 of the Decree 53/2024/ND-CP stipulating requirements for mining of sand and gravel in lakes in Vietnam:

- Satisfy the requirements for lake bed dredging and sedimentation prevention and control; mining locations, range and depth, sand and gravel mining modes shall be permitted by the regulatory body licensing the mineral mining as per regulations of law on minerals, ensuring that erosion is not caused to protect lake beds and banks.

- Do not cause water pollution; do not affect the exploitation and use of water resources of lakes; do not reduce functions of lakes approved by the competent authority.

- The mining of sand and gravel in hydropower or irrigation reservoir beds shall comply with regulations of law on irrigation, management of dam and reservoir safety, assurance about safety of structures and environmental protection in reservoirs.

What are the fines for illegal mining of sand in rivers in Vietnam?

Pursuant to Clause 1 Article 48 of the Decree 36/2020/ND-CP (amended by Clause 23 Article 2 of the Decree 04/2022/ND-CP) stipulating the fines for illegal mining of sand in rivers in Vietnam:

Violations against regulations on mining of sand and gravel in river/stream/lake bed, estuary or internal waters without obtaining a mining license from the competent authority

1. Fines shall be imposed for mining sand and gravel in river/stream/lake bed, estuary or internal waters without obtaining a mining license from the competent authority. To be specific:

a) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if, at the time of discovering the violation, the total volume of mined minerals is less than 10 m3;

b) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed if, at the time of discovering the violation, the total volume of mined minerals is from 10 m3 to less than 20 m3;

c) A fine ranging from VND 50.000.000 to VND 80.000.000 shall be imposed if, at the time of discovering the violation, the total volume of mined minerals is from 20 m3 to less than 30 m3;

d) A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed if, at the time of discovering the violation, the total volume of mined minerals is from 30 m3 to less than 40 m3;

dd) A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed if, at the time of discovering the violation, the total volume of mined minerals is from 40 m3 to less than 50 m3;

e) A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed if, at the time of discovering the violation, the total volume of mined minerals is at least 50 m3;

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As regulated above, illegal mining of sand in rivers in Vietnam carries a fine ranging from VND 20.000.000 to VND 200.000.000.

Note: The mentioned fines are applicable to individuals. For organizations committing the same violation, they will be fined twice the amount imposed on individuals (Clause 1 Article 5 of Decree 36/2020/ND-CP amended by Clause 3 Article 2 of Decree 04/2022/ND-CP).

Best regards!