Requirements for mining of sand and gravel in rivers in Vietnam from July 1, 2024

Requirements for mining of sand and gravel in rivers in Vietnam from July 1, 2024

To be specific, Article 61 of Decree 53/2024/ND-CP specifies the requirements for mining of sand and gravel in rivers, including the extraction of riverbed sand and gravel, and gravel on riverbanks, which must comply with legal regulations on minerals, other related laws, the requirements stated in Clause 2, Article 60 of Decree 53/2024/ND-CP, and the following requirements:

- The boundaries of the extraction area must be at a safe minimum distance from the riverbank, consistent with the natural width of the riverbed, topographical and geological characteristics, and the stability degree of the riverbank as determined by the impact assessment report authorized by the competent authority;

- The slope of the extraction site bottom should be equivalent to the natural slope of the bottom of the river segment being exploited and ensure it does not abruptly alter the overall river slope; the extraction depth must be suitable to the topographical and geological features of the river segment, ensuring it does not form whirlpools or increase the risk of riverbank instability as determined by the environmental impact assessment report authorized by the competent authority;

- In case of a seasonal sedimentation in midland and mountainous river sections, based on the sedimentation situation, the environmental impact assessment report from the authorized authority shall stipulate specific requirements for the sand and gravel extraction activities, ensuring the prevention and reduction of riverbank erosion risk;

- For sand and gravel extraction on riverbanks, the extraction area bottom elevation should not exceed the elevation corresponding to the average dry season water level at the extraction site, except when combined with activities to clear the flow and enhance the flood discharge capacity of the river segment;

- The location, scope, depth, and policies for sand and gravel extraction must be permitted by the relevant state authority in accordance with the mineral exploitation laws, ensuring no erosion occurs to protect the riverbed, banks, and riverbanks.

If an erosion phenomenon occurs in the extraction area during extraction activities, the extraction must be temporarily suspended, and the local authorities and the Department of Natural Resources and Environment at the location must be immediately informed. They will lead and coordinate with relevant agencies to inspect and determine the cause and impact level on the riverbed, banks, and riverbanks, and report to the provincial People's Committee for consideration and decision.

If conditions are not met to continue extraction, the provincial People's Committee will consider and adjust to include the area in the prohibited or temporarily prohibited zones for sand and gravel extraction on rivers in accordance with the mineral exploitation laws.

See more in Decree 53/2024/ND-CP effective from July 1, 2024.

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