Vietnam: The licensing for exploration and mining of river bed sand and gravel is carried out by holding a mining right auction

Recently, the Government of Vietnam has issued Decree No. 23/2020/NĐ-CP on management of river bed sand and gravel and protection of river beds, banks and terraces.

cap phep tham do khai thac cat, soi long song quan dau gia, Nghi dinh 23/2020/NĐ-CP

According to Decree No. 23/2020/NĐ-CP of Vietnam’s Government, “river bed sand and gravel” refer to sand, pebble and gravel deposits found in river and stream beds, floodplains and river platforms from the upstream to the estuary; and in reservoir beds and estuaries. According to Article 8 of Decree No. 23/2020/NĐ-CP, licensing exploration and mining of river bed sand and gravel shall adhere to rules for licensing exploration and mining of minerals set forth in Clause 1 Article 40 and Clause 1 Article 53 of the Law on Minerals of Vietnam and the following rules:

- The licensing is carried out by holding a mining right auction, except for the case in which the area not reserved for mining right auction has been approved by the competent authority in accordance with regulations of the Law on Minerals of Vietnam.

- If the area to be covered by the license to explore and mine river bed sand and gravel borders at least 02 provinces or central-affiliated cities, before the licensing, the People’s Committee of the province where the applicant is available shall seek a written opinion from the People’s Committee of the bordering province.

- Before the licensing, the provincial People’s Committee shall obtain the written consent from the inland waterway, natural disaster management and irrigation authority and satisfy the requirements set forth in Article 15 of Decree No. 23/2020/NĐ-CP.

View details at Decree No. 23/2020/NĐ-CP of Vietnam’s Government, effective from April 10, 2020.

Thu Ba

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