Violations of the law in sand and gravel mining and trading: Still complicated

(Baonghean) - It is undeniable that the authorities at all levels and relevant departments have actively participated in rectifying sand and gravel mining and trading activities in recent years. However, the situation of law violations in this field is still complicated...

Research on illegal sand mining

At 6:00 a.m. on July 6, at the Lam River bank, bordering the two districts of Hung Nguyen and Nam Dan, in the area of ​​Hung Linh (Hung Nguyen) and Xuan Lam (Nam Dan) communes, looking down at the Lam River, there were images of nearly a dozen ships thrusting their water cannons deep into the river to suck up sand. The sound of the engines echoed throughout the river. There were even dredgers operating openly right next to the riverbank, at a time when the sun had just begun to rise.

Sand dredgers on Lam River through Hung Linh Commune (Hung Nguyen) on the morning of July 6. Photo: Lan Bang

According to those who understand the story, the Lam River area bordering Nam Dan and Hung Nguyen has not yet been granted a sand mining permit by the competent authority to any unit to conduct sand and gravel mining. They said: “Sand mining on the Lam River bordering the two districts still occurs regularly. The owners of the dredgers, although they know that their actions are illegal, still brazenly dredge sand as if challenging the authorities…”.

It is known that the whole province has 46 licensed sand and gravel mining sites; 17 licensed sand and gravel exploration sites are in the process of preparing documents to request mining licenses. Sand and gravel mining activities are mainly in the open-pit form, using motorboats to pump sand and gravel onto boats or docks. This is a number managed on paper but in reality, it is taking place extremely complicatedly. Because mining activities at some licensed mines do not strictly comply with legal regulations, mainly violating the mining process, operation, mining management and environmental protection, labor safety, mining outside the licensed location, and tax evasion.

Notably, there is a situation where some enterprises and cooperatives are licensed to exploit sand and gravel but do not manage or exploit or exploit with limited capacity, mainly collecting money from people and allowing people to illegally and arbitrarily exploit, without controlling the licensed mining area.

At the river section bordering Hung Nguyen and Nam Dan districts, there are many sand boats freely sucking up sand and gravel. The sound of the engines echoes throughout the river. Photo: Lan Bang

A current pressing issue is that crimes and violations in the field of sand and gravel mining are increasingly sophisticated and daring, with many tricks to deal with inspection and detection by authorities. Many ship owners have illegally mined sand and gravel from midnight to early morning, and if discovered, they do not allow authorities to approach their ships and boats; using many engines to accelerate and flee. Many businesses, although granted mines, do not maintain markers to determine the limits of the licensed mines in order to exploit outside the licensed area.

To combat violations, departments, branches and localities have recently established many inspection teams and implemented many measures to proactively prevent and effectively combat crimes and violations in this activity.

On April 4, 2017, on Lam River in Hamlet 16, Hung Long Commune (Hung Nguyen), the Environmental Police Department of the Provincial Police discovered and caught a group of 6 motorboats of 6 subjects illegally exploiting sand and gravel. The Provincial People's Committee issued a decision to impose an administrative fine of 60 million VND and confiscate 10 engines...

Clarifying local responsibilities

Not only is the situation of sand and gravel exploitation on riverbeds complicated, but there are also many violations in the gathering and trading of sand and gravel onshore. In the alluvial areas of the communes of Hung Xuan, Hung Xa, Hung Linh (Hung Nguyen); Thanh Tien, Thanh Van (Thanh Chuong), Thuan Son, Trung Son (Do Luong)... there are dozens of sand wharves operating loudly and openly even though they have not been licensed by competent authorities to open inland waterway wharves.

On the shore, through Hung Xuan commune, right next to Yen Xuan bridge, there is a sand dock that has existed for a long time, has been punished by local authorities and authorities for violations many times but still exists despite not having a license. Notably, this sand dock is increasingly operating bustlingly as if challenging the authorities. Photo: Lan Bang

What is special is that during the inspection by the provincial interdisciplinary inspection team in 2016, most of these sand ports were recorded and suspended to carry out procedures according to the law. For example, the sand ports located quite close to the Yen Xuan railway bridge (Hung Xuan commune), at the end of Hung Linh commune (Hung Nguyen) also expanded the wharf to operate sand and gravel business. Also on the morning of July 6, 2017, sand and gravel business activities at these ports were still operating as legally licensed; sand transport vehicles continuously entered and exited.

According to information from the authorities, there are currently 40 licensed inland waterway ports for gathering sand and gravel in the province and about 56 spontaneously and illegally established sand and gravel gathering sites that operate at unstable times and locations. Illegal sand and gravel gathering sites affect the order and safety of inland waterway traffic and facilitate illegal sand and gravel mining on the river. In recent inspections, the authorities discovered that many ports and sites had declared incorrect amounts of sand and gravel to evade taxes and environmental resource fees. With illegal sand, many purchasing units then legalize it by purchasing input invoices from businesses licensed to exploit sand and gravel...

Why has the situation of law violations in sand and gravel exploitation and trading been going on for a long time, causing public outrage, but the authorities have not yet taken any measures to thoroughly resolve it? Answering this question is not too difficult. First, it is the responsibility of the authorities of some localities and establishments. They have neglected and loosened their responsibility for state management as prescribed by law and clearly stated in the regulations on mineral management issued by the province.

In addition, the results of the fight by the authorities are not commensurate with the developments in the local situation; they have not effectively fought against tax evasion and invoice trading, but have mainly focused on fighting and handling illegal sand pumping activities; and the handling and licensing of inland waterway ports still have shortcomings, prolonging the time...

Although the sand wharf in Hung Long commune has not been licensed, the owner has put up stakes, barbed wire fences, and planted trees around it. Photo: Lan Bang

Faced with the above shortcomings, the Provincial People's Committee has recently continued to issue the Regulations on coordination in state management of mineral resources in Nghe An province. The new Regulations have clearly defined the authority and responsibility of relevant departments and branches; People's Committees at district, city, town and commune levels. Notably, the role and responsibility of the People's Committees of districts, towns and People's Committees of wards and communes in managing and preventing illegal mineral exploitation activities are clearly defined. In addition to specifying the powers prescribed by law, it is also associated with responsibility before the competent authority.

Specifically, the People's Committee at the commune level is responsible for clearing and preventing illegal mineral exploitation activities immediately after detecting or receiving reports; presiding over and coordinating with competent agencies to protect unexploited minerals. Along with that, the People's Committee at the district level and the People's Committee at the commune level are responsible for performing state management of mineral exploitation activities in the area according to current regulations; handling violations, suspending activities and requesting organizations and individuals engaged in mineral activities to remedy the consequences according to their prescribed authority.

At the same time, they must take full responsibility before the Provincial People's Committee and before the law for the delay in handling, or failure to handle, violations by organizations and individuals. Along with assigning responsibility, the work of propagating and educating the law for the people, supporting the conversion of livelihoods for the labor force that specializes in sand and gravel mining also needs attention. Hopefully, in the coming time, with the solutions stated in the new set of regulations, the complicated developments in the exploitation and trading of river sand and gravel will be rectified.

Nhat Lan - Pham Bang