Chương II Nghị định 23/2016/NĐ-CP : Quy hoạch, xây dựng, cải tạo, đóng cửa, di chuyển nghĩa trang và cơ sở hỏa táng

Chapter II

PLANNING, CONSTRUCTION, RENOVATION, CLOSURE AND RELOCATION OF CEMETERIES AND CREMATORIA

Article 7. Provincial cemetery planning

1. The provincial cemetery planning shall be aimed at actualizing orientations towards cemetery planning included in the provincial construction planning project. The procedures for formulating, assessing and approving tasks and provincial cemetery planning project shall be compliant with regulations of the law on construction planning. Regarding the central-affiliated city cemetery planning, regulations of the law on urban planning shall be complied with.

2. The provincial cemetery planning period is the same as that of the provincial construction planning.

3. The provincial cemetery planning includes the following tasks: determination of scope and boundaries of the planning, assessment of current status and forecast about burial demand; proposal for interment forms for each planning stage; determination of applicable economic - technical criteria; determination of scope of cemeteries, crematoria, funeral homes and strategic environmental assessment.

4. The provincial cemetery planning includes the following contents:

a) Determination of current status: natural and socio-economic conditions; location and scope of cemeteries, crematoria and funeral homes; current status of technical infrastructure and impacts on environment;

b) Forecast about burial demand, interment forms by each planning stage; demand for use of cemetery, crematorium and funeral home land;

c) Determination of location and scope of cemeteries, crematoria and funeral homes (constructed, closed, relocated, renovated or expanded); environmental safety distance and connection to technical infrastructure works;

d) Proposed solutions for management and implementation of cemetery planning;

dd) Determination of prioritized investment projects, sources of capital and plan for implementation of the planning;

e) Strategic environmental assessment.

5. Documents required for provincial cemetery planning project include:

a) General explanation, brief explanation, draft of the decision on approval for the planning project; CD disk of approved planning project contents.

b) Drawings: a map showing the location and liaison with regions on a scale of 1/50.000 - 1/250.000; a map showing the current status and provincial cemetery planning on a scale of 1/25.000 - 1/100.000 and relevant drawings.

6. The People’s Committee of the province shall formulate, assess and approve tasks and provincial cemetery planning project in accordance with regulations of the law on construction planning.

Article 8. Detailed planning for construction of cemeteries and crematoria

1. The detailed planning for construction of cemeteries and crematoria shall be formulated, assessed and approved in accordance with regulations of the law on construction planning.

2. The detailed planning for construction of cemeteries and crematoria includes the following tasks: determination of boundaries of cemeteries and crematoria; fulfillment of requirements for survey and assessment of current status; determination of interment forms; fulfillment of technical criteria and requirements for spatial organization of landscape architecture and technical infrastructure;

3. The detailed planning for construction of cemetery (including crematorium in the cemetery) include the following contents:

a) Determination of boundaries and scope of the cemetery;

b) Analysis and assessment of current status of construction land, natural conditions, landscape, topography, hydrogeology, technical infrastructure, environment of the planned region, regulations of the provincial cemetery planning, cemetery and crematorium planning included in the construction planning projects or relevant urban planning projects.

c) Determination of interment forms, criteria for use of land and technical infrastructure, proposed selection of suitable plants for graves, main road and public area in the cemetery.

d) Land use planning, dedicated area zoning, spatial organization of landscape architecture, location, scope and requirements for architecture of cemeteries and crematoria; subdivision of grave lots, groups and rows and distance between graves in conformity with interment forms; technical infrastructure system planning. Solutions for connection to the technical infrastructure works within and beyond the scope of planning;

dd) Determination of plan and human resources for implementation of planning;

e) Strategic environmental assessment.

4. In case the crematorium is constructed outside the cemetery, the detailed planning for construction of cemetery includes the following contents:

a) Determination of boundaries and scope of the crematorium;

b) Analysis and assessment of current status of construction land, natural conditions, landscape, topography, hydrogeology, technical infrastructure, environment of the planned region; determination of cremation technology and cremation demand, scope of the cremator, criteria for use of land and technical infrastructure;

c) Land use planning, spatial organization of landscape architecture and technical infrastructure. Solutions for connection to the technical infrastructure works within and beyond the scope of planning;

d) Strategic environmental assessment.

5. Documents required for detailed planning for construction of cemeteries and crematoria include:

a) General explanation, brief explanation; draft of the decision on approval for the planning project; CD disk of planning project contents;

b) Drawings: a map showing the given plot location and boundaries on a scale of 1/10.000 - 1/25.000; a map showing the current status on a scale of 1/500 - 1/2.000; land use plan on a scale of 1/500 - 1/2.000; spatial plans on a scale of 1/500 - 1/2.000; a technical infrastructure map on a scale of 1/500 - 1/2.000 and some relevant drawings.

Article 9. Construction or expansion of cemeteries and crematoria

1. Cemeteries and crematoria shall be constructed or expanded according to the construction planning and provincial cemetery planning approved by the competent authority.

2. Technical infrastructure works in cemeteries and crematoria must be constructed in a uniform manner.

3. Graves, gravestones, columbaria and works in cemeteries and crematoria must be constructed in accordance with regulations of the Law on Construction.4. Size and design of graves and gravestone, distance between grave lots, grave rows and graves; size of niches where urns are held must be compliant with the detailed planning for construction of cemeteries and crematoria approved by the competent authority.

Article 10. Renovation of cemeteries

1. If a cemetery is conformable to the provincial cemetery planning but its technical infrastructure, landscape and environment are not compliant with applicable technical standards and regulations, it shall be renovated.

2. A cemetery shall be renovated as follows:

a) Determine the boundaries of the cemetery according to the approved provincial cemetery planning and detailed cemetery construction planning;

b) Plant trees around and in the cemetery;

c) Renovate and embellish technical infrastructure works in cemeteries;

d) Clearly zone interment areas, grave lots, grave groups and grave rows in unused land areas; issue regulations on area, size and architecture of graves.

Article 11. Closure of cemeteries

1. A cemetery must be closed in case of land unavailability, environmental pollution and compliance with construction planning or provincial cemetery construction planning approved by the competent authority.

2. Upon closure of a cemetery, the following tasks need to be performed:

a) The closure of a cemetery shall be decided by the People’s Committee of the province or properly mandated People’s Committee and made availably public.

b) Environmental pollution (if any) must be tackled before the closure;

c) Technical infrastructure system, gravestones and works in the cemetery shall be renovated. Trees and grass shall be planted in and around the cemetery;

d) Walls or tree fences shall be built around the cemetery located in urban or rural area, which are high enough to ensure that surrounding residents are not affected;

dd) For the cemetery located along national highways, trees must be planted so that aesthetic and road users are not affected.

Article 12. Relocation of cemeteries and individual graves

1. Cemeteries and individual graves must be relocated if:

a) they cause serious environmental and visual pollution which cannot be tackled, thereby affecting community’s living environment, are no longer conformable to the construction planning and provincial cemetery construction planning approved by the competent authority;

b) urban and industrial development projects and public works are executed and constructed according to the construction planning approved by the competent authority;

c) graves are unowned or no longer cared by relatives.

2. Upon relocation of cemeteries and individual graves, the following tasks need to be performed:

a) Inform the relocation of cemeteries and individual graves;

b) Relocate individual graves to the cemeteries constructed and managed according to planning;

c) Satisfy environmental requirements during relocation in accordance with regulations of the law;

d) Implement policies on land clearance and compensation in accordance with regulations of the law.

Article 13. Responsibility for renovation, closure and relocation of cemeteries and individual graves

1. The People’s Committee of the province shall direct the properly mandated People’s Committee and relevant organizations and individuals to renovate, close and relocate cemeteries and individual graves under its management.

2. For the cemeteries and individual graves in a to-be-cleared land, which must be relocated to execute urban and industrial development projects and construct public works, compensation for grave relocation shall be provided in accordance with regulations of the law on land and construction.