Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Decree provides for the management of green trees in urban centers nationwide.
2. Domestic and foreign organizations and individuals involved in the management of urban green trees in the Vietnamese territory shall comply with this Decree.
Article 2. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Management of urban green trees covers the planning on. planting, tending, nursing. protection, felling and removal or urban green trees.
2. Urban green trees are those planted for public use. restricted use or special use in urban centers.
3. Public-use urban green trees are those planted along streets (including shade trees, decoration trees, natural lianas and trees, grass-covers on pavements, median strips and traffic islands); green trees planted in parks and flower gardens; green trees and grass-covers in public squares and other public areas in urban centers.
4. Restricted-use green trees in urban centers are those planted in premises of offices, schools, hospitals, cemeteries, worshiping works, villas, houses and other public works managed and used by organizations or individuals.
5. Special-use green trees in urban centers are those planted in plant nurseries or for research purposes.
6. Secular trees mean perennial timber trees which are planted or grow naturally for at least 50 years or trees with a diameter of at least 50 cm at the height of 1.3 m.
7 Conserved trees mean secular trees, trees on the list of precious and rare species, trees listed in Vietnam's plant red book and trees recognized as having historical and cultural value.
8. Green trees on the list of those banned from planting are those which contain toxins dangerous to humans.
9. Green trees on the list of those restricted from planting are fruit trees or trees emitting smells causing adverse impacts on human health and the environment.
10. Dangerous trees are trees which are old and stunted, trees with all or some of parts prone to break and fall which may cause accidents to humans or damage to vehicles and works and diseased trees at risk of wide disease transmission.
11. Plant nursery is a place in which seeds are sown and nursed for seedlings under prescribed technical processes and with assured standards before planting.
12. Units providing urban green tree management services are those selected to provide services of planting, tending, nursing, protection, felling or removal of public urban green trees.
Article 3. Principles of management of urban green trees
1. The Government performs the unified management of urban green trees with division and decentralization of responsibility under law.
2. The State shall invest in the development of public urban green trees for the sake of public interests.
3. The State encourages and creates conditions for organizations and individuals to participate in urban green tree planning, planting, tending, nursing and protection.
4. The management and development of urban green trees comply with urban planning and technical regulations, contributing to creating sceneries, environmental protection and biodiversity.
5. Upon construction of new urban centers, investors shall ensure land funds for green trees; planted green trees must be of proper types and species, comply with plant standards under approved detailed plans on urban centers and must be tended and protected till they are handed over to managing bodies under regulations of provincial-level People's Committees.
6. Upon construction of new urban roads, green trees must be planted at the same time with the construction of technical infrastructure works.
When renovating or upgrading urban roads, technical tubings or laying underground overhead wire or cable lines in urban centers, which are related to the protection, felling, removal or planting of green trees, investors shall notify local green tree-managing bodies thereof for supervision of the implementation. The felling and removal of urban green trees must comply with Article 14 of this Decree.
Article 4. Public urban green tree investment and development plans
1. Public urban green tree investment and development plans must be in line with land use plannings and plans and urban plannings approved by competent authorities.
2. Annual and five-year public-use urban green tree investment and development plans cover the planting, tending, nursing and protection of urban green trees; the construction, renovation, re-embellishment or upgrading of works in public-use urban green tree areas.
3. Public urban green tree investment and development plans and implementation funds shall be included in annual local socio-economic development programs or plans.
Article 5. Technical standards and norms on urban green trees
1. Organizations and individuals shall apply standards and observe technical norms related to urban green trees promulgated by competent state agencies.
2. The Ministry of Construction shall formulate national standards and promulgate technical norms on urban green tree planning and design.
Article 6. Dissemination and education of the law on management of urban green trees
Ministries, sectors. People's Committees of all levels, political organizations and socio-professional organizations shall, within the ambit of their respective responsibilities, coordinate with mass media agencies and educational institutions in disseminating, educating and guiding people and local communities to participate in planting, tending and protecting urban green trees and strictly complying with relevant regulations on management of urban green trees.
Article 7. Prohibited acts
1. Planting trees on the list of those banned from planting; planting trees on the list of those restricted from planting without permission of competent authorities.
2. Planting at one's own will green trees on pavements, median strips, traffic junctions and public areas in contravention of regulations.
3. Felling, removing, branch-cutting, pruning, rooting up or cutting of green trees without permission.
4. Chiseling, holing or driving nails into or barking green trees, barking tree trunks; dumping garbage, hazardous substances and construction materials at tree-stock bases; urinating or cooking at, burning tree-stock bases and building stands around tree stumps.
5. Hanging advertisement billboards, signboards and other objects on trees; hanging ropes or decoration lights on green trees without permission.
6. Encroaching upon, illegally building works on, green tree land areas already existing or determined in urban plannings and obstructing the planting of green trees according to regulations.
7. Failing to comply with regulations on management of urban green trees by organizations and individuals that manage or are assigned to manage urban green trees.
8. Other acts of violation prescribed by law.
Tìm kiếm
Nghị định số 64/2010/NĐ-CP (Bản Pdf)
Nghị định số 64/2010/NĐ-CP (Bản Word)