Directive No. 29/2008/CT-TTg of October 02, 2008, on the continuous enhancement of state management for survey, exploitation, transportstation and consumption activities of gravel and sand in the river bed đã được thay thế bởi Directive 03/CT-TTg on the enhancement of the effect of the legislation on minerals và được áp dụng kể từ ngày 30/03/2015.
Nội dung toàn văn Directive No. 29/2008/CT-TTg of October 02, 2008, on the continuous enhancement of state management for survey, exploitation, transportstation and consumption activities of gravel and sand in the river bed
SOCIALIST REPUBLIC OF VIET NAM
Hanoi, October 02, 2008
ON THE CONTINUOUS ENHANCEMENT OF STATE MANAGEMENT FOR SURVEY, EXPLOITATION, TRANSPORTSTATION AND CONSUMPTION ACTIVITIES OF GRAVEL AND SAND IN THE RIVER BED
Implementation of the Directive No. 16/2002/CT-TTg issued on the 31 July 2002 by the Prime Minister, the state management of ministries, agencies and People's Committees of provinces, cities directly under the Central Government for survey, exploration, exploitation activities of sand, gravel and drag in coordinate with artisanal exploiting gravel and sand in the river bed whole the country has gradually come to dscipline and is gradually strengthened step by step, contributing to an importance of construction and socio-economic development of the country
However, until now, the activities of exploring, exploitation, transport, consumption of sand and gravel in the river bed illegally also taking place in many places and on a complex, as the loss of mineral resources, cause difficulties management work, as the waterfront collapses, threatening the safety of the dyke, bridges, people and property, hindering domestic waterway transportation. Bad relinquishing management, licensing exploration, exploitation of sand and gravel in the river bed are incorrected legal provisions still happening quite popularity in many localities. The making plans of exploration, exploitation, processing and utilization of minerals were slow. The collaboration amongs the ministries, departments concerned and People's Committees of provinces, cities directly under the central government in check, handling the violations of law have not closely and regularly.
To overcome the shortcomings mentioned above and continue to strengthen the State management of survey, exploration, exploitation, drag combinated recovery, transportation, consumption of sand and gravel in the river bed in accordance with the provisions of law, the Prime Minister directes:
1. People's Committees of provinces, cities directly under the central government (hereinafter referred to collectively as the People's Committees at provincial level) are responsible for
a. Take the lead, coordinate with other ministries: Natural Resources and Environment, Construction, Transportation, Agriculture and Rural Development, Public Security, Finance in focus to review, inspect, restrictly the suspension of the exploration, exploitation, transportation, business of sand and gravel illegally and not guarantee the conditions as stipulated; immediately revoke the licenses of exploitation, transportation and trade of sand and gravel which are illegal; criticize and clarify the responsibilities and deal with organizations and individuals involved according to the regulations of law and report the Prime Minister before the 30 November 2008;
b. Complete the construction and submit tothe People's Councils at the same level through the exploring and exploiting, processing and use plans of minerals under the jurisdiction (including sand, and gravel of the river bed) before 30 tháng 11, 2008 . With regard to the exploration, exploitation and use plans of sand and gravel of the river bed in the boundary areas by border provinces should have their opinions written People’s Committee of the provinces have shared boundary before the People’s Council adop at the same level as stipulated
c. For the short river branches of mountainous provinces, Midlands, where sand and gravel are often sedimentation and seasonal changes with no large-scale, records the competent agencies licensed exploitation must be accompanied by Reports of geological survey estimated the area would like to exploit proven no other minerals valued higher which the Department of Natural Resources and Environment confirmed in writing. The volume of sand and gravel of a license does not exceed 5,000 m3, the time limit exploitation of a permit no more than 6 months and only have been implemented in the dry season.
d. Coordinate with other ministries: Agriculture and Rural Development, Transport and Communication reviewing the system of ports of the rivers to build the master plan for ports where store gravel and sand, parking for rent to the sand and gravel, as stipulated; constructing the project. The location of the download facilities for overloading at the traffic in each province in order to effectively prevent the illegal movement of sand and gravel from the river bed
2. Ministry of Natural Resources and the Environment will coordinate with the People's Committees at provincial level and relating agencies to intensify the local public awareness on the provisions of the law on minerals; coordinate guidance, guid inspection, monitoring, handling of violations in the exploitation of gravel and san in the river bed.
3. The Ministry of Transportation makes and approves the dragging plan in the harbors, promotes the Narrow passage, controls the flowing currents and implements the dragging plans every year. That the Organization is assigned to drag and withdraw sand and gravel in the river bed must register the volume of withdrawing sand and gravel at the Department of Natural Resources and Environment of the province where activities are carried out the drag.
4. The Ministry of Science and Technology hostes in coordination with other ministries: Natural Resources and Environment, Agriculture and Rural Development, Transportation, People's Committees at provincial level conducting research, assessing the cause of shore erosion of the river branches of the Mekong River, Red River, Dong Nai river and proposing the solutions to prevent, overcome effectively.
5. The Ministry of Construction urgently completes the instructions of mieral export for common building materials and minerals as the raw material for cement, has to complete before the 30 November 2008; take the lead, collaborate with the Ministries: Natural Resources and Environment, Transportation, Planning and Investment, Industry and Commerce, Agriculture and Rural Development and People's Committees Provinces concerned and to complete before the 30 November 2008 the forecast of balancing needs for domestic demand and supply of sand and gravel until 2015 and to the orientation to 2020 and to report to the Prime Minister for reviewing and deciding the export of building sand and gravel.
At first, control the export of building gravel and sand including sand and gravel of the river bed and sea sand. For the export contracts of building gravel and sand were signed before 30 November, 2008, they will still be carried out until the end of the contract
Prime Minister requested the related ministries, agencies and People's Committees of provinces, cities directly under the central government urgently implementing this directive. During implementation, if any difficulties should timely report to Prime Minister for review, resolution.
THE PRIME MINISTER