PEOPLE’S COMMITTEE OF THAI BINH
PROVINCE
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
______________
No.: 14/CT-UBND
Thai Binh, July 08th, 2011.
INSTRUCTIONS
Re: Strengthening State management of mineral resources; regulating mining, sales,
transportation and consumption of sand in river-beds and beaches of the province.
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In implementation of the Law on mineral resources, on October 31 st, 2005, the Provincial
People’s Committee promulgated the Decision No. 64/2005/QD-UB on management of sand survey
and mining, plain and port use for sand storage and transshipment in the rivers and beaches of the
Province; Then, on May 28th, 2009, the Provincial People’s Committee promulgated the Instruction No.
02/2009/CT-UBND on strengthening State management of mineral exploitation and survey, mining,
transportation and consumption of sand in river-beds and beaches of the province.
In past years, management of mineral exploitation in general and management of sand mining
in particular have gained certain changes. Yearly, functional authority, District People’s Committee
and some Commune People’s Committee inspected and settled some activities violating the Law on
sand mining in the rive-bed; staked out prohibition notice of exploitation in some important areas of the
province. However, illegal mining, transportation and consumption of sand in river-beds have been
recently taken place and become more complex, which has caused loss of mineral resource, riverbank
erosion, threatened the safety of dikes, culverts when the flood season is approaching, impeded water
canals, damaged road and caused environmental pollution and losses of the state budget.
In addition, the State management of sand resources in many localities was relaxed; the
issuance of exploitation license to organizations under the Law on mineral resource was implemented
slowly; authorities at all levels, functional departments did not co-ordinate closely; inspections and
settlement of violations have not been implemented regularly and effectively.
To make good above problems and continue strengthening State management of minerals,
the Provincial People’s Committee instructs:
1. People’s Committee of Districts and City:
- To direct functional departments, units, People’s Committee of Communes, especially riverside and coastal communes to implement its authority and responsibility for State management of
mineral under the Law on mineral and the Decision No. 64/2005/QD-UB dated October 31st, 2005 of
the Provincial People’s Committee. To check up, inspect and classify owners of transportation means,
sand mining, plain for lease to trade sand, implementation of financial obligations, etc; To report result
to the Provincial People’s Committee before September 30th, 2011; to inspect and strictly settle illegal
sand mining, trade, transportation and consumption of sand with illegal origin, incompetent lease of
sand storage plain; To strengthen propaganda and dissemination of the Law on minerals to officials
and people.
- To closely coordinate with functional departments, units of the Province to inspect mineral
activities in the province; river-side and coastal plain and port of sand, building materials storage and
sales in the province. To strengthen management of taxes, fees, cost collection of mineral resource
exploitation under the Regulation.
2. Department of Natural Resource and Environment:
- To strengthen propaganda, dissemination activities of the Law on minerals dated November
17th, 2010 which becomes valid since July 01st, 2011 to communes, especially to river side and coastal
communes; To organize training course of execution of the Law on mineral resource for officials.
- To guide organizations and individuals to make documents on exploitation of sand in the
river-bed and beaches under the Law on mineral resource.
- To co-ordinate with the provincial Public Security, relevant departments, units, the People’s
Committee of districts, city to inspect and settle illegal sand mining, trade, transportation and
consumption of sand with illegal origin, incompetent lease of sand storage plain.
3. Responsibility of relevant departments:
- The Provincial Public Security directs underlying functional departments, boards
(Environmental Crime Prevention and Fighting Police Department, Waterway Traffic Police
Department, Road Traffic Police Department) to strengthen inspection, control to detect, prevent and
settle strictly illegal sand mining, trade, transportation and consumption of sand with illegal origin and
no payment of natural resource tax; to co-ordinate with relevant departments, units in inter-department
inspection stage of the province to settle violations under the Law on mineral.
- Department of Transport co-ordinates with departments, units to arrange ship lock for
temporary use as a detention place of transportation means violating the Law on minerals before
being settled by competent departments, units.
- Department of Construction, Department of Industry and Trade co-ordinates with the
People’s Committee of districts, city to guide and direct localities to implement river-side and coastal
transshipment, trade places planning of sand and building material; State management of mineral
exploitation industry and basic construction of Employers under the Law.
- Department of Agriculture and Rural Development closely co-ordinates with Natural
Resource and Environment branch and relevant branches to consult about issuance of the permit for
sand mining in the river-bed, beaches to ensure safety of dike, salt-marsh forest and aquaculture area;
simultaneously strengthens inspections and reports illegal sand mining to the competent authority
under the Law.
- Provincial Department of Taxation, State Treasury, Department of Finance intensify
measures to inspect and manage tax, fee and cost collection of mineral resources exploitation, sales,
and transportation; determinedly reject or collect, return tax for tax evasion consumption of sand being
exploited illegally. Department of Finance proposes, consults the Provincial People’s Committee about
the regulation on adjustment of receipts from minerals activities to support socio-economic
development of localities with mineral activities and gives guidance for management and use of
environmental protection cost under the Decree No. 63/2008/ND-CP dated May 13th, 2008 of the
Government on environmental protection fee of mineral exploitation.
- Thai Binh Radio and Television, Newspapers, provincial and local communication agencies
regularly propagandizes, popularizes the policy, the Law on mineral and regulations of the province on
management, exploitation of sand in the river-bed, beaches of the province in order to improve
awareness and sense of law observance of organizations, individuals; focus on writing, informing or
naming columns to praise good individuals and criticize actions violating the law on sand
management, survey, exploitation, transportation and sale in the province.
- The Fatherland Front Committee, Socio-political organization and social unions are
requested to mobilize members to strictly execute the Law on minerals; to supervise People’s
Committee at all levels, functional units, organizations, individuals in management of sand survey,
exploitation and sale in the rive-bed and beaches of the province.
The Provincial People’s Committee requests departments, units, People’s Committee of
districts, city, communes, wards, towns of the province, relevant organizations and individuals to
strictly implement this instruction. During the implementation period of this instruction, arising
difficulties should be promptly reported to the Provincial People’s Committee to be considered and
settled (through Department of Natural Resources and Environment)./.
Recipient:
- Provincial Standing Party Committee;
Provincial People’s Council;
- Chairman, Vice-Chairmen of the Provincial
People’s Committee;
- Relevant departments, boards, branches;
- Provincial Radio and Television, Thai Binh
Newspapers, Portal;
- Chairman of People’s Committee of district,
city;
- Manager of the Provincial People’s
Committee’s Office;
- Archives: Offices, implementation
ON BEHALF OF
PROVINCIAL PEOPLE’S COMMITTEE
CHAIRMAN
(Signed and sealed)
Pham Van Sinh