Chương 3: Nghị định 64/2010/NĐ-CP về quản lý cây xanh đô thị Trồng, chăm sóc, ươm cây, bảo vệ, chặt hạ, dịch chuyển cây xanh đô thị

Chapter III

PLANTING TENDING NURSING PROTECTION, FELLING REMOVAL OF URBAN GREEN TREES

Article 11. General provisions on urban green tree planting and tending

1. The planting of urban green trees complies with urban planning already approved by competent authorities.

2. The planting of urban green trees must strictly comply with technical processes, tree species and standards and ensure safety; newly planted trees must be protected, firmly and straightly supported, ensuring their good growth and development.

3. Planted trees must be periodically tended, inspected and their development status must be determined so as to work out measures to monitor and protect them and promptly handle impacts on their development.

4. Tree tending and pruning must comply with prescribed technical processes and measures must be worked out to ensure safety for humans, vehicles and works.

Article 12. Urban green tree nurseries

1. Urban centers must reserve land funds for development of nurseries under planning.

2. Users of land for development of nurseries must ensure proper land use purposes and efficiency; apply scientific and technological advances to researches on plant varieties and localization of imported trees; the nursing of common trees, flower trees and ornamental trees shall meet the requirements on supply of green trees for urban centers.

Article 13. Protection of urban green trees

1. Urban green trees must be preserved, protected and regularly checked.

2. All organizations, individuals and households have the responsibility to tend and protect urban green trees, promptly prevent acts of violating regulations on protection of green trees in urban centers and concurrently notify the People's Committees under management decentralization thereof for handling measures.

3. The People's Committees shall, according to management decentralization, organize the protection of urban green trees, inspect and handle acts of infringing upon urban green trees; organizations and individuals breaching regula­tions on protection of urban green trees shall remedy and compensate for damage under law.

4. Providers of urban green tree management services shall protect urban green trees in areas assigned to them under contracts signed with urban green tree-managing bodies as decentralized.

Article 14. Felling, removal of urban green trees

1. Conditions on felling and removal of urban green trees:

a/ Trees already dead, broken and falling or in danger of falling;

b/ Green trees which are diseased or old and withered and become unsafe;

c/ Green trees in areas for execution of investment projects to build works of construction.

2. Cases in which the felling and removal of urban green trees require a permit:

a/ Green trees on the list of conserved trees;

b/ Shade trees along streets;

c/ Shade trees, conserved trees and numbered trees in parks, flower gardens, public areas and areas for execution of investment projects to build works of construction:

d/ Shade trees of 10 m or more in height; conserved trees within premises of buildings of organizations or individuals.

3. Cases in which the felling and removal of urban green trees is exempt from permit: immediate felling due to emergency circumstances, natural disasters or trees already dead or broken and falling. Prior to the felling or removal, there must be records and photos on the current status and reports must be sent to green tree- managing bodies within 10 days after completion of the felling or removal.

4. A dossier of application for a permit to fell or remove of urban green trees comprises:

a/ An application clearly stating the felling or removal location; size, type of trees and reasons for felling or removal;

b/ Plan of locations of trees to be felled or removed;

c/ Photos of the current status of to be felled or removed trees.

5. Receipt of dossiers and permit-granting time:

a/ The dossiers of application for urban green tree felling or removal permits shall be filed at urban green tree- managing agencies according to regulations of provincial-level People's Committees;

b/ The time limit for granting felling or removal permits is 15 working days after the receipt of complete valid dossiers.

6. Provincial-level People's Committees shall issue regulations on the competence to grant permits for felling or removal of urban green trees. The forms of application for permits to fell or remove urban green trees are provided in Appendices I and II to this Decree (not printed herein).

7. Felling and removal of urban green trees

a/ The time limit for felling or removal of urban green trees is 30 days after the grant of permits;

b/ The felling and removal of green trees under investment projects to build works of construction must accord with project execution schedules:

c/ Prior to the felling or removal of urban green trees, implementing organizations or individuals shall notify local administrations thereof;

d/ The felling and removal of urban green trees in public areas and premises managed by organizations or individuals must ensure technical processes and safety for humans and property.

8. Providers of urban green tree management services, which are tasked to fell or remove public urban green trees in their areas, shall comply with this Article. The felling and removal of public urban green trees and planting of new ones must comply with Article 11 of this Decree.

9. Organizations and individuals with legitimate needs for felling or removal of urban green trees shall, apart from complying with the provisions of this Article, make up for tree values and pay all costs of felling and removal.

Article 15. Public green trees in urban centers

1. Green trees along streets

a/ Shade trees planted along streets must ensure technical norms on tree intervals, height and diameter;

b/ The selection of forms of arranging trees and tree species along streets must suit each type of street, peculiarities of each urban center and ensure safety for humans and vehicles. On traffic islands, the arrangement of green trees must comply with regulations on traffic safety;

c/ Green trees planted under power lines must ensure power grid safety corridors as prescribed by the law on electricity:

d/ Shade trees along urban thoroughfares shall be numbered for compilation of tree management records and be periodically checked under prescribed technical processes;

e/ Planted trees must not hide road signs and traffic signals.

2. Green trees in parks-flower gardens, public squares and other public areas of urban centers

a/ Green trees planted in parks, flower gardens, public squares, at lakesides. along river banks and other public areas of urban centers must comply with the detailed planning on green trees, parks-flower gardens or detailed urban planning approved by competent authorities;

b/ The planting, tending, protection, removal and felling of green trees must comply with Articles 11, 13 and 14 of this Decree.

3. Public-use urban green trees shall be planted under annual investment and development plans of urban centers.

Article 16. Restricted-use urban green trees

1. Organizations and individuals shall plant, tend and protect green trees in premises of buildings under their management.

2. The felling and removal of green trees must comply with Points a and e. Clause 2; Clause 4; and Points a, c and d. Clause 7. Article 14 of this Decree.

3. The planting of decorative trees, ornament trees or flower trees on balconies and sun roofs must ensure safety, environmental sanitation and urban beauty.

Article 17. Conserved urban trees

1. Conserved trees must be quantitatively and qualitatively inventoried, numbered, stuck with name plates and dossiers and at the same time be specially tended and protected for conservation purposes.

2. People's Committees shall, according to management decentralization, issue lists of conserved trees in areas under their management.

Article 18. Dangerous trees in urban centers

1. For dangerous trees in urban centers, protection measures and plans on prompt felling and removal must be worked out. Newly planted trees must comply with Article 11 of this Decree.

2. Providers of green tree management services shall compile dossiers for monitoring the development of trees; formulate felling and removal plans to be submitted to competent bodies for approval and organize the implementation thereof.

Article 19. Selection of green tree management service providers

1. Providers of green tree management services must have full capability and experience in urban green tree-related activities, and possess necessary technical equipment to perform assigned tasks as provided for by People's Committees according to management decentralization.

2. The selection of green tree management service providers shall be conducted in form of bidding or order placement through contracts.

3. Depending on specific conditions in their localities and in pursuance to Clause 1 of this Article, the People's Committees shall, according to management decentralization, decide on the selection of green tree management service providers in areas under their respective management.