What are general requirements for river bed, bank and terrace protection in Vietnam?

What are general requirements for river bed, bank and terrace protection in Vietnam?

Pursuant Article 14 of the Decree 23/2020/NĐ-CP stipulating general requirements for river bed, bank and terrace protection in Vietnam as follows:

Projects of organizations and individuals that carry out the activities specified in Clauses 2 and 3 Article 2 of this Decree must:

1. be conformable with the socio - economic development, water resources planning, flood preparedness planning, dike planning and other relevant planning.

2. compliant with regulations on flood drainage and flood discharge corridors of reservoirs, safety perimeter of irrigation works, dikes, religion and folk belief-related works and other infrastructural constructions, except for the case of emergency; compliant with requirements for cultural conservation, biodiversity conservation and natural ecosystem protection and development; ensure national defense and security and protect water resources.

3. protect and maintain the flood drainage ability of rivers; do not reduce the flood drainage ability, thereby resulting in inundation in river terraces and riparian zones and river bank and terrace erosion, and affecting functions of safety perimeters of water resources; do not lower river water level during drought season, thereby affecting the extraction and use of river water.

4. do not river bed sedimentation and erosion, thereby causing river bank and terrace instability and affecting functions of water resources.

5. include measures to prevent and control water pollution and protect riparian environment, landscapes and ecosystem.

6. comply with regulations on management of safety perimeter of water resources.

What are requirements for river bed sand and gravel mining in Vietnam?

Pursuant Article 15 of the Decree 23/2020/NĐ-CP stipulating requirements for river bed sand and gravel mining in Vietnam as follows:

The river bed sand and gravel mining shall comply with the requirements for river bed, bank and terrace protection specified in Article 14 hereof and the following requirements:

1. In the case of river bed sand and gravel mining:

a) 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 features and river bank stability shall be decided by the competent authority specified in Clause 2 Article 21 hereof;

b) 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 section 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 features of the river section and must not form any swirling hole or increase the risk of river bank instability shall be decided by the competent authority specified in Clause 2 Article 21 hereof;

c) If the river section running through a midland or mountainous region has undergone seasonal sedimentation, according to the sedimentation changes, the competent authority specified in Clause 2 Article 21 hereof 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.

2. In the case of river terrace sand and gravel mining:

a) 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 section;

b) In the case of a semi-flooded islet, islet formed by season or newly formed islet, according to actual condition and requirements for prevention and control of river bank and terrace soil erosion, the competent authority specified in Clause 2 Article 21 hereof shall decide specific range and depth of the mining area.

3. 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 where the mining is carried out in order to carry out inspection and identify the causes and impacts on the river bed, bank and terrace and a report shall be submitted to the provincial People’s Committee for consideration and decision.

If it is ineligible to continue the mining, the provincial People’s Committee shall consider adding the mining area to the list of areas where river bed sand and gravel mining operations are prohibited or temporarily prohibited as prescribed in Clause 5 Article 13 hereof.

What requirements for reservoir bed sand and gravel mining in Vietnam?

Pursuant Article 16 of the Decree 23/2020/NĐ-CP stipulating requirements for reservoir bed sand and gravel mining in Vietnam as follows:

The mining of sand and gravel in a hydroelectric or irrigation reservoir bed shall comply with regulations of law on irrigation, work safety assurance and reservoir environment protection, other relevant regulations of law, general requirements for river bed, bank and terrace protection specified in Article 14 hereof and the following requirements:

1. The mining shall comply with regulations on safety perimeter of the reservoir, ensure safety of the dam, reservoir and work items associated with the reservoir.

2. It is only allowed to mine the reserves of sand and gravel produced by sedimentation and is required to satisfy requirements for reservoir dredging and sedimentation prevention and control.

3. The mining must not cause water pollution, affect the extraction and use of water resources of the reservoir and reduce its functions approved by the competent authority.

Best regards!