It's not just about sand thieves: The law must be strict!

Not just a matter of sand thieves: A persistent problem

(Baonghean) - Over the past few years, the inspection and handling of violations of the law in sand and gravel mining on rivers has been continuously strengthened. However, "sand bandits" still persist...

It's not just about sand thieves: There's negligence and lack of responsibility.

(Baonghean) - There are many reasons for the problem of "sand bandits" that has lasted for many years. But the most critical reason is the indifference, negligence, and lack of responsibility in state management. The criticism of the Chairman of the People's Committee of Nam Dan and Hung Nguyen districts by the Provincial People's Committee clearly shows this!

After the Provincial People's Committee issued a written criticism (in Official Dispatches No. 4684/UBND-NC and 4685/UBND-NC), on July 5, 2018, the People's Committees of Nam Dan and Hung Nguyen districts issued a written report on the results of handling compliance with the law on mineral activities according to Official Dispatch No. 2302/UBND-NC of the Provincial People's Committee.

A dense area of ​​sand and gravel gathering yards in Hung Linh commune, Hung Nguyen. Here, cranes are still raised high, and transport vehicles are still coming in and out to transport sand. Photo taken on July 17, 2018. Photo by Nhat Lan.

As for the People's Committee of Hung Nguyen district, it has implemented the direction of the Provincial People's Committee, issued a document reminding and criticizing localities that have committed violations in mineral management, allowing sand and gravel gathering yards that have been suspended to resume operations and directed the People's Committees of these communes to organize a review. At the same time, it has assigned the owners of the yards to stop gathering and trading sand and gravel without being licensed by the competent authority; assigned responsibility to the Chairmen of the People's Committees of the communes to strengthen state management. It is responsible before the Chairman of the District People's Committee if illegal sand and gravel mining occurs; sand and gravel gathering and trading yards resume operations without being licensed by the competent authority.

The fact that one district has been able to suspend the sand and gravel wharf while another district has not completely suspended the operation has created an unfair situation. In the photo is a sand and gravel wharf in Thanh Chuong district that has been banned from operating. Photo: Nhat Lan.

As for the People's Committee of Nam Dan district, in the report to the Provincial People's Committee, it has acknowledged the shortcomings in the suspension of inland waterway wharves; the review of the Commune People's Committee Chairmen for not suspending the operations of wharves not included in the planning or without operating licenses has not been carried out. In the coming time, the content of Official Dispatch No. 2302/UBND-NC of the Provincial People's Committee will be strictly implemented; suspension of wharves not included in the planning or without operating licenses will be carried out; and at the same time, the review of the Commune and Town People's Committee Chairmen for not suspending sand and gravel wharves according to regulations will be organized.

In the reports, the People's Committees of Hung Nguyen and Nam Dan districts made a number of recommendations and proposals to the Provincial People's Committee. In particular, the People's Committee of Nam Dan district requested the Provincial People's Committee to direct provincial departments and branches to quickly carry out procedures for licensing inland waterway terminals, especially land procedures, so that terminal owners can complete the procedures for submitting inland waterway terminal licenses. As for the People's Committee of Hung Nguyen district: "Request the Provincial People's Committee to direct provincial departments and branches to promptly approve land prices for terminals in the district that have been submitted through the one-stop department at the Investment Promotion Center of the Provincial People's Committee".

An area along the Lam River, passing through Nam Cuong Commune, Nam Dan District, also has sand and gravel wharves in operation. Photo: Nhat Lan.

The recommendations of the People's Committee of Hung Nguyen and Nam Dan districts to the Provincial People's Committee have been unresolved for more than 2 years. These problems have led to difficulties for organizations and businesses trading in sand and gravel. In addition to economic losses, they have not been able to ensure jobs and income for workers. And from here, it is partly the reason why they have illegal acts in exploitation and business.

But it is necessary to see that these are newly arisen problems and difficulties. As for “sand bandits”, they have existed for a long time. In many localities where the Lam River flows through, “sand bandits” are rampant, causing misery for the people. People have appealed to the authorities, from the commune to the district, but they have not been concerned with handling the matter, or have been handled superficially, just watching the flowers. Faced with such indifference, there have been residential areas where people have set up groups to fight against “sand bandits”. Therefore, leading to the problem of “sand bandits” lasting for a long time and not being able to be thoroughly handled, the local authorities cannot shirk their responsibility.

This is also clearly shown in the fact that even at the time when the Provincial People's Committee had a document criticizing the two districts for a while, the Provincial Police still determined that on the Lam River there were still some complicated areas for sand and gravel mining activities. Including the border area between Nam Thuong commune, Nam Dan district and Thanh Khai and Thanh Yen communes, Thanh Chuong district; the area of ​​Hung Lam and Hung Phu communes, Hung Nguyen district; the border area between Hung Nguyen district and Ha Tinh province. And information, from June 4, 2018 to July 1, 2018, the Police of units and localities continued to detect, arrest and file 51 cases, 51 subjects with violations of the law in the field of illegal sand and gravel mining. Temporarily detained 1 car, 6 excavators, 14 iron-hulled ships, 10 sand suction machines, 10 m of plastic pipes. Seized 395.5 m3 of sand and gravel. Prepared records for handling 38 cases of administrative violations, 38 subjects, collected 167 million VND for the budget; transferred 1 case and 1 subject to another agency for handling; is verifying and handling 12 cases and 12 subjects. The Environmental Police Department successfully discovered 2 special cases; prosecuted 3 cases and 3 defendants for the act of "Violating regulations on research, exploration and exploitation of natural resources" as stipulated in Article 227 of the 2015 Penal Code.

In Official Dispatch No. 596/CV-CAT dated July 22, 2018, proposing solutions to remove difficulties in the management of activities, exploitation, transportation, and gathering of sand and gravel on the Lam River, the Provincial Police also pointed out weaknesses in state management.

That is: “The state management of mineral activities (sand, gravel) of some sectors and localities still has many loopholes, especially the planning and licensing procedures for mines and inland waterway ports still have many shortcomings. The inspection and supervision of mines after being licensed has not been carried out regularly, there is a lack of control over illegal sand and gravel ports and yards. On the other hand, the Party committees and authorities of some localities at district and commune levels have not paid due attention to the protection of mineral resources, have not really promoted their full responsibilities and are still waiting for the support of the province. While this is a force that is regularly present in the area, it has many advantages in prevention and combat”.

At the July 2018 Internal Affairs Conference, Head of the Provincial Party Committee's Internal Affairs Committee Phan Duc Dong pointed out the fundamental reasons leading to the slow handling of violations of the law in sand and gravel exploitation and trading. Photo: Nhat Lan.

Returning to the Internal Affairs Bloc meeting held on July 24, 2018, the person who mentioned the causes leading to the persistent violations of the law in the exploitation and business of sand and gravel in riverbeds was Phan Duc Dong, Head of the Provincial Party Committee's Internal Affairs Committee. Among the groups of causes leading to the persistent problems that the Head of the Provincial Party Committee's Internal Affairs Committee analyzed and expressed concern about, there is still negligence and lack of responsibility of Party committees and authorities in some grassroots localities; and determined that it is necessary to continue to pay attention to monitoring and rectifying state management work in grassroots localities. His analysis was highly agreed upon by representatives of the leaders of agencies and units participating in the conference. And the conference chair, Deputy Secretary of the Provincial Party Committee Nguyen Van Thong concluded: The Provincial Party Committee's Internal Affairs Committee continues to closely monitor and urge functional agencies and localities to continue to step up the handling of problems and obstacles, inspect and handle violations of the law in the exploitation and trading of river sand and gravel, and rectify localities that show signs of irresponsibility in performing public duties.

Reality shows that this is a matter that needs utmost attention. Because with what has been happening, it is no longer just a matter of "sand bandits". And because Nghe An was once one of the provinces that the Government reminded and criticized for allowing the situation of illegal sand and gravel mining to occur in a complicated manner, causing public outrage. In Document No. 4001/VPCP-NC dated June 2, 2018, Permanent Deputy Prime Minister Truong Hoa Binh also directed the province to organize a review, clarify responsibilities, and strictly handle violations of relevant organizations and individuals.

Deputy Secretary of the Provincial Party Committee Nguyen Van Thong concluded the meeting of the Internal Affairs Bloc, in which he assigned the Provincial Party Committee's Internal Affairs Committee to continue closely monitoring the inspection and handling of violations of the law in the exploitation and trading of river sand and gravel. Photo: Nhat Lan.

It is necessary to see that the provisions of the law are very clear on the roles, powers and responsibilities of local authorities at all levels in state management of the mineral sector. And the province, on the basis of the provisions of the law, has also issued Directive No. 04/CT-UBND dated March 27, 2017 on strengthening state management of mineral resources in the province; Decision No. 47/QD-UBND dated June 1, 2017 promulgating the Regulations on coordination in state management of mineral resources. Those who perform their duties well will be encouraged and rewarded; if they are indifferent, negligent and irresponsible, they need to be corrected according to the regulations and rules that have been issued. The law has been set out and must be strictly followed. Only then will the problem of "sand bandits" be pushed back!