Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Decree provides for the management of underground construction space in urban centers in Vietnam.
2. Domestic and foreign organizations and individuals engaged in activities related to underground construction space in urban centers in Vietnam shall abide by the provisions of this Decree and other relevant provisions of law.
Article 2. Interpretation of terms
In this Decree, the terms below shall be construed as follows:
1. Urban underground construction space means the subterranean space used for the construction of urban underground works.
2. Management of urban underground construction space covers the underground construction space planning and activities related to the construction of urban underground works
3. Urban underground construction space planning means the organization of subterranean construction space for the construction of underground works.
4. Urban underground works means those built underground in urban centers, including underground public facilities, underground traffic works, underground key technical works and underground sections of works built on the ground, underground wires, cables and technical pipes and technical trenches and tunnels.
5. Underground public facilities means works built underground to serve public activities.
6. Underground traffic works means underground railway works, underground railway terminals, road tunnels, pedestrians' tunnels and connected support facilities (including road sections connecting underground portions with the ground surface).
7. Underground technical key works means underground technical infrastructure facilities including water supply stations, wastewater treatment stations, transformer stations and gas stations, which are built underground.
8. Underground wire, cable and technical pipeline works means underground water or energy supply pipelines, water drainage works: power transmission lines and communications lines which are built underground.
9. Underground sections of works built on the ground means ground floors (if any) and underground sections of works.
10. Technical tunnels mean underground works running in lines which are of sizes big enough for humans to install, repair and maintain of underground equipment and pipelines.
11. Technical trenches means underground works running in lines which are of small sizes for installation of wires, cables and technical pipelines.
12. Technical culverts, tanks means the systems of pipes and cable tanks for the installation of underground communications, telecommunications wires and cables signal transmission cables, television, power supply and lighting cables.
Article 3. Principles on management of urban underground construction space
1. The Government shall perform the unified management on the basis of assigning provincial-level People's Committees to manage urban underground construction space in areas under their respective management.
2. Urban underground construction space must be planned, built, managed and used. On-ground urban development and planning must be closely associated with the safe and efficient use of underground space.
3. The use of underground space for the construction of underground works must ensure thrifty land use, environmental protection and security as well as defense requirements.
4. Investors in new urban centers, new residential quarters and newly built, renovated or expanded thoroughfares shall invest in the construction of technical culverts and tanks or technical trenches and tunnels for the installation of technical wires and pipes under approved planning. For old or renovated urban centers, provincial-level People's Committees shall work out plans for investment in the construction of technical culverts and tanks or technical trenches and tunnels for incrementally laying underground overhead wires and cables.
5. The construction of urban underground works must comply with the following regulations:
a/ Urban plannings, regulations on underground construction and construction permission;
b/ The construction must not go beyond the construction boundaries or land areas, determined in land allocation or land lease decisions of competent state agencies. In case the construction needs to go beyond the construction boundaries or land areas as determined (excluding sections for technical connections of the wire system or underground pipelines), permission of competent state agencies is required;
c/ To ensure safety for communities, works themselves and adjacent works: not to affect the use. exploitation and operation of adjacent works as well as works already existing or identified in urban planning.
Article 4. Ownership of underground construction works
The grant of certificates of underground construction work ownership complies with legal provisions on the grant of certificates of land use rights and house and land-attached asset ownership.
Article 5. Land use for construction of urban underground works
1. The use of land for the construction of urban underground works must conform to urban planning and land use planning approved by competent authorities.
2. Provincial-level People's Committees shall decide to permit domestic organizations or foreign organizations and individuals to use land for the construction of urban underground works according to regulations.
3. The use of land for construction of urban underground works (excluding underground sections of works built on the ground surface) complies with the following provisions:
a/ Domestic and foreign organizations and individuals that are leased land by the State shall pay land rents for cases of construction of urban underground works for business purposes;
b/ Domestic and foreign organizations and individuals that arc leased land by the State will be considered for land rent exemption or reduction, for cases of construction of urban underground works for non-business purposes.
4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries and sectors in. formulating mechanisms for management and use of land for the construction of urban underground works, and submit them to the Prime Minister for decision.
Article 6. Supports and preferences for construction of urban underground works
1. The State encourages organizations and individuals to participate in planning underground work construction space; to invest in the construction of underground works in appropriate investment forms.
2. Types of urban underground works to be encouraged for construction investment include:
a/ Underground traffic works and underground car parks;
b/ Key underground technical works;
c/ Technical culverts and tanks, technical trenches and tunnels.
3. Organizations and individuals investing in the construction of underground works defined in Clause 2 of this Article are entitled to investment supports and preferences under current provisions of law.
4. The Ministries of Finance; Natural Resources and Environment; and Planning and Investment shall base on their respective functions and tasks to guide the implementation of Clause 3 of this Article.
Article 7. Urban underground construction regulations and standards
1. Organizations and individuals operating in the fields of underground construction space planning and construction of underground works shall comply with relevant technical regulations promulgated by competent state agencies.
2. The Ministry of Construction and ministries with specialized construction shall organize the formulation of national construction standards; promulgate technical regulations on construction of underground works according to their respective functions and tasks assigned by the Government.
3. The application of foreign underground construction standards must comply with legal provisions on application of foreign construction standards in construction activities in Vietnam.
Article 8. Establishment of databases and archive of files on urban underground construction works
1. The database on urban underground works covers:
a/ Data on the current state of urban underground works;
b/ Data on urban underground construction space planning;
c/ Other data related to the management of urban underground construction space.
2. Files on the current state of underground works and underground construction space planning will be archived in accordance with the law on archive. Management agencies at all levels are encouraged to apply advanced technologies to the management of databases and supply of information on urban underground works.
3. The Ministry of Construction shall guide the establishment of the database on urban underground works.
4. Provincial-level People's Committees shall direct the establishment of databases to serve the management of. planning on. investment in. and construction of. urban underground works in areas under their respective management.
5. State management agencies in charge of construction in localities shall establish databases; archive files and provide information to requesting organizations and individuals under law.
6. Domestic and foreign owners of urban underground works shall supply data on underground works under their management to local state agencies in charge of construction for the establishment of databases on urban underground construction works.
Article 9. Prohibited acts
1. Building urban underground works in violation of urban planning or underground construction space planning; in violation of construction permits or without construction permits.
2. Infringing upon safety corridors and the scope of protection of underground works.
3. Participating in construction activities but failing to fully meet the capability conditions as prescribed by the law on construction.
4. Breaching regulations on management, exploitation, use and maintenance of underground works.
5. Other acts in violation of laws on
construction, urban planning and of relevant law.
Tìm kiếm
Nghị định 39/2010/NĐ-CP (Bản Word)