Thông tư 20/2005/TT-BXD hướng dẫn quản lý cây xanh đô thị

CIRCULAR

ON GUIDELINES FOR URBAN FORESTRY

Pursuant to the Government’s Decree No. 86/2002/ND-CP dated November 05, 2002 on functions, tasks, power and organizational structure of ministries and ministerial authorities;

Pursuant to the Government’s Decree No. 36/2003/ND-CP date April 04, 2003 on functions, tasks, power and organizational structure of the Ministry of Construction;

The Ministry of Construction provides guidelines for urban forestry as follows:

Part I

GENERAL PROVISIONS

I. PURPOSES

This Circular provides guidance on urban forestry in order to:

- Enhance effectiveness of the state management and encourage everyone to participate in management, protection and development of urban trees nationwide in accordance with the orientation towards urban development of Vietnam and urban planning.

- Achieve the goal of increase the green spaces, contribute to improve and protect the urban environment of the tropical zone, make it suitable and create uniqueness of every urban area.

II. REGULATED ENTITIES This Circular applies to every organization and every individual relevant to management, consulting, investment in development and utilization of urban trees throughout the country.

III. DEFINITIONS

1. “urban tree”:

a) “public tree” means any tree grown on a street or public area (for example: a park, zoo, flower garden, garden with a walking path, lawn on a median strip, monument, square, etc.).

b) “tree for limited use" is a tree grown in residential areas, office buildings, schools, temples and pagodas, hospitals, graveyards, industrial zones, warehouses, villas and gardens of organizations and individuals.

c) “specialized tree” is any tree specifically grown in a nursery, separate area, protective area or for research purposes.

2. “street tree” may be a shade tree grown artificially or naturally; a tree grown for decoration purposes; or vines grown on a sidewalk, median strip or traffic island.

3. "ancient tree" means a perennial plant that is grown artificially or naturally with the age of more than 50 years.

4. “conserved tree” means a tree on the list of rare varieties of trees that needs preserving to maintain its genetic diversity (genetic resources) or a tree having historic and cultural value.

5. “banned tree” means a tree that is poisonous or likely to endanger human, damage vehicles and construction works.

6. “restricted tree” is either a fruit tree, a tree releasing odors that affects human's health and environment; a tree restricted from public places and only allowed to be planted according to the urban planning, urban forestry planning or projects approved by a competent authority.

7. “dangerous tree” means a tree that has defects while it is growing and may be a threat to human, vehicles and construction works if a part of the tree falls down.

8. “nursery” means a place to nurture varieties of seedlings according to a technical process to propagate them and ensure their criteria before delivering them to another place.

9. “diameter at breast height (DBH)” is the diameter measured according to one-third in girth of the tree at 1.3 meters above ground.

10. “over pruning” means an act of cutting off more than 25% of leaves and branches from a tree resulting in damage to its life, except for a tall tree with thin crown, bonsai tree, ornamental tree or a tree that needs to be moved.

11. “improper pruning” means an act of removing limbs of a tree or felling a tree trunk.

IV. GENERAL RULES FOR URBAN FORESTRY

1. All types of urban trees shall have ownership established and managed by specific organizations or individuals.

2. Urban trees shall be planted in accordance with regulations of the urban planning or urban forestry planning approved by a competent authority.

3. Selected types of trees and tree planting shall keep the local uniqueness; ensure the compliance with conditions of climate and soil; satisfy requirements for the use, the look, traffic safety and environmental safety; limit damage to overground, underground or aerial infrastructure works.

4. Organizations and individuals shall manage, protect and take care of trees indoors and outdoors; promptly notify managing authorities of dangerous trees and actions creating adverse impacts on urban tree development.

V. BANNED ACTIONS

1. Planting any banned tree; any restricted tree without any permission granted by a competent authority.

2. Actions causing damage to an urban tree, including:

- Felling or moving the tree, picking flowers or branches, removing roots or top of the tree, setting fire to cook near the tree, dumping garbage, toxic substances or building materials to the foot of the tree.

- Building a platform around the tree, nailing, hanging ropes, lights or commercial signage illegally.

3. Failure to comply with regulations on maintaining, caring and developing urban trees of organizations or individuals that manage or assigned to manage urban trees.

Part II

PROVISIONS ON URBAN FORESTRY

I. PLANNING

1. Projects on the urban planning shall satisfy requirements for the land fund of urban trees as specified in the building code of Vietnam and applicable design and construction standards.

2. It is necessary to determine the minimum land fund for a nursery depending on the nature and size, characteristics of natural conditions and development orientation of urban construction planning. Area of a nursery shall be determined according to urban population size as follows:

- For a special class and class 1 urban area, the minimum area of a nursery shall be 1 m²/person.

- For urban areas of other classes, the minimum area of a nursery shall be approximately 0.5 m²/person.

Area of a nursery shall be determined according to urban population size of the whole province or central-affiliated city. Sizes and locations of nurseries shall be stated in construction planning of each province. They may be centralized or separate inside or outside urban areas depending on natural conditions and capacity to exploit the land fund of each province.

3. The design of urban tree planning stated in projects on urban construction planning shall comply with regulations of the Government’s Decree No. 08/2005/ND-CP dated January 24, 2005 and the Circular No. 15/2005/TT-BXD dated August 19, 2005 of the Ministry of Construction on guidelines for preparation, assessment and approval of construction planning and shall add and clarify the following details:

- General urban construction planning: Determining green spaces; rate of green space per capita; green space of each urban area (new area, renovated area, etc.); rate of greenery cover; and rules for selection of types of urban trees.

- Detailed urban construction planning: Determining locations, rate of green space per capita; classifying and selecting proper trees (including: types, shapes, colors, height, diameter and forms of crowns; types and colors of leaves; flowers, age of trees); site plans for tree planting in functional areas, on the streets, in the parks, flower gardens, gardens with walking paths and yards.

4. On the basis of urban construction planning approved by competent authorities, urban areas are encouraged to do urban forestry planning.

II. URBAN TREE PLANTING

1. General requirements

a) Trees shall be planted with proper types, technical process and care. Newly planted trees shall be protected and have stems kept firm and upright to ensure that they will grow and develop well.

b) Criteria for a planted tree:

- For a shade tree: Height: at least 3.0 m, DBH: at least 6 cm.

- Normal crown, free from injurious insects and diseases, straight trunk.

2. Types of urban shade trees:

- Type 1 (small tree): a tree growing to short height.

- Type 2 (medium tree): a tree growing to medium height.

- Type 3 (large tree): a tree growing to tall height.

Based on the aforesaid classification, local governments shall specify how to classify urban trees in line with its province or refer to regulations on classification of trees stated in Appendix No. 1 (List of shade trees) and Appendix No. 2 attached hereto.

3. Street tree planting

a) For a wide street with the sidewalk width of over 5 m, trees of type 2 or type 3 should be planted in accordance with classification of urban trees of the province.

b) For a medium street with the sidewalk width of from 3 m to 5 m, trees of type 1 or type 2 should be planted in accordance with classification of urban trees of the province.

c) For a narrow street with the sidewalk width of under 3 m, a renovated street or a street whose space is limited, it is required to utilize existing trees and plant new trees at a location with fewer construction works to ensure not to obstruct wire network or not to damage existing construction works; plant vines on street columns or put tree pots.

d) The distance among trees varies according to tree classification (see Appendix No. 1) or specific location of the planning on each area or a segment of the street. Trees shall be planted in front of the separate wall between two town houses and not be planted in the middle of the gate or in front of the house for an area with the sidewalk width of under 5 m.

e) The distance from a planted tree to the edge of the street shall be from 0.6 m to 1.0 m according to the type of the tree (see Appendix No. 1).

f) Street trees and lines of trees shall form a continuous and complete system of trees and it is required not to plant different types of trees on one street. It is suggested that 1 - 2 types of trees be planted on a street of under 2 km in length. 1 - 3 types of trees should be planted on a street of at least 2 km in length or according to each segment of the street.

g) It is required that only grass, shrubs or ornamental trees be planted on a median strip that is under 2 m in width. If the median strip is at least 2 m in width, straight-trunk trees may be planted if their height and crowns do not affect traffic safety and the distance between a planted tree and the edge of the median strip shall be 3 – 5 m to ensure traffic safety.

h) At bridge piers, overpasses and walls, vines may be planted to create more urban green spaces, framed with materials suitable for vines to climb on to protect such construction works. Apart from the compliance with regulations on traffic safety, grass, shrubs and flowers shall be planted at important intersections to form green spaces and increase the beauty of urban areas.

i) Trees shall be planted 5 – 8 m away from a street corner from the nearest intersection to avoid affecting the traffic visibility.

k) Trees shall be planted 2 – 3 m away from a fire plug on the street; 1 – 2 m away from a light column and a manhole.

l) Trees shall be planted 1 – 2 m away from cable networks and pipelines (water supply and drainage or underground cables).

m) Trees planted along power transmission lines shall not violate the safety corridor of national grid in accordance with provisions of the Decree No. 106/2005/ND-CP dated August 17, 2005 specifying and providing guidelines for implementation of certain articles of Law on Electricity on protection of high-voltage electricity grid works.

4. Planting holes of street trees

a) The dimension and type of a planting hole shall ensure consistency for one type of tree on a street or a segment of the street.

b) A curb shall be built around a planting hole on a street or a public area (with a sidewalk) with the same height as the height of the sidewalk in order to keep it clean and other design shall be created to protect the tree and for the decoration purposes.

c) Grass, small shrubs and flowers should be planted into clusters around the foot of the tree to improve the beauty of urban areas.

5. Commissioning of tree planting in construction projects

Urban construction projects on tree planting shall comply with schedule of construction works.

Commissioning of construction works shall include commissioning of tree planting according to the approved layout.

III. URBAN TREE MAINTENANCE AND PROTECTION

1. Pruning of grown trees

a) Types of tree pruning: Every year, trees shall be pruned properly to form the shape of a tree and so that it will grow faster and stand strong during the rainy season. Common types of tree pruning:

- Cut off the canopy (top of the tree): remove dry and broken branches and leaves, diseased or dangerous limbs;

- Thin the canopy: reduce the crown to help the tree stand strong if there is a storm coming by;

- Make the canopy higher: remove the lowest foliage to create a clear view of the road, signs and traffic lights;

- Reduce the top: control the height, lower the top of the tree by natural trimming at least 1/3 the size of limbs removed;

- Recover the top: Perform pruning to regain the natural structure of the tree after it has been pruned or trimmed improperly.

b) Time for pruning: To reduce the threat of diseases caused by injurious insects or bacteria, the time of pruning shall be carried out twice a year according to each climate characteristic of each region, especially before the rainy season (except for safety reasons):

- For all types of trees: pruning when twigs are sprouting is not allowed;

- For trees having thin barks: pruning during summertime may damage trees due to the sunshine;

- For trees having leaves falling for a certain period of time (trees having no leaves in the winter): the best time for pruning shall be from October to January;

- For dangerous trees: pruning may be carried out at any time in a year.

After pruning process, tree trunks shall be sealed to avoid fungi, injurious insects and diseases.

2. Pruning of young trees

Early tree pruning shall raise the age of the trees, ensure cost-effectiveness, protect them and lessen the number of broken branches. Young trees should be pruned in the 2^nd year after planting to form the structure of them and pruned regularly in later years.

3. Urban tree care

It is required to regularly cut off twigs and branches of canopy, get dry branches, control height, prevent tilting, shape, fertilize, provide treatment for injurious insects and diseases and parasitic plants on the host tree to increase longevity; clear grass underneath and destroy the topsoil so that the tree will absorb the water easily.

4. Dangerous trees and determination of the danger thereof

Dangerous trees shall be identified to determine the level of danger that can affect people, vehicles and construction works and make response to or plans for tree felling or moving. Old trees that may not ensure safety or purposes of use shall be felled and replaced gradually. Replaced trees and new trees shall have shapes, diameter and height in line with the landscape.

5. Danger reduction and tree conservation

a) Consider and check trees regularly, at least once a season in a year;

b) Avoid planting trees having shallow roots and easy to fall down, fruit trees, trees having thorns or poisonous resins, trees having large canopy adjacent to people’s houses and trees having crispy branches planted on the street that may affect safety of people, obstruct vehicles and construction works;

c) Prune trees properly;

d) Check the trees regularly to identify dangerous trees and make promptly response. Limit the threat of dangerous trees by removing dead and broken branches.

6. Preparation of records to manage urban trees

a) Prepare statistics on quantity and quality of trees, number trees and keep records on each tree for each street and public area.

b) Prepare statistics, classify, number trees and hang name plates and keep records on each ancient tree and conserved tree to serve the conservation and management and to ensure the beauty and safety when taking care of the trees.

7. Tree protection in the course of construction

a) In the execution of underground and overground construction works, construction contractors shall protect existing tree systems inside and outside their construction sites. Do not use the tree trunk as a pillar to pull iron, steel or building components that obstructs tree growing and development. Felling or moving trees at construction sites shall be granted permission by a competent state authority according to regulations of Section IV Part II herein.

b) Existing trees at a construction site shall be protected by a temporary fence around the trees to keep the top, foliage and structure of branches away from equipment, materials and other activities; protect the roots and remain soil conditions unchanged.

c) Minimum safety scale of tree and root protection: The radius of tree safety shall be 10 times of the DBH.

IV. URBAN TREE FELLING AND MOVING

1. The cases in which licenses of tree felling and moving are required

Any entity that wishes to fell or move any of the following trees must obtain a license:

- Tree on the list of ancient trees or conserved trees;

- Trees planted on the street or in the park and under public ownership;

- Tree whose height is at least 10 m and diameter of trunk is at least 30 cm granted in the premises of an entity.

2. The cases in which license of tree felling and moving are exempted

- Trees are felled or moved by an entity responsible for urban forestry within its scope of management, except for ancient trees and conserved trees.

- Certain trees have to be felled right away due to a natural disaster; a tree has fallen or is likely to fall. A record and photo of the tree shall be taken before the tree is felled or moved.

- An urban forestry authority has permitted felling or relocation of trees within the area of a construction project.

3. Execution of construction works on the land where trees are already planted

a) For a construction work exempt from the construction licensing: The investor is entitled to fell or move the tree only when he/she is granted a relevant license.

b) For a construction work not exempt from the construction licensing: Before granting the construction license to the construction work, the licensing authority shall reach a written agreement with an urban forestry authority on urban tree felling or moving. If the above-mentioned parties fail to reach an agreement, they shall request a competent authority to consider the issue.

c) Relevant costs related to tree felling or moving when building a relevant construction work shall be added to the cost of the project.

4. Application for the license for tree felling or moving

a) An application for the license for tree felling or moving shall include:

- An application form;

- A site plan showing the location of the trees that need felling or moving. If such a site plan is not available, information about the location, size and type of the trees that need felling or moving and the reason for tree felling shall be stated clearly in the aforesaid application form;

- A photo of the trees.

b) The application for the license for tree felling and moving shall be submitted to an authority assigned to manage urban trees.

c) Time limit for issuance of the license

Time limit for processing an application for the license for tree felling and moving and planting new trees to replace the old ones (if any) is 15 working days from the day on which the satisfactory application is received.

5. Power to issue licenses for tree felling and moving

The People’s Committee of each province shall specify the authorities having the power to issue the license for tree felling or moving and a specimen of it.

6. Carrying out tree felling and moving

a) The time limit for felling or moving an urban tree is 30 days from the day on which a license for urban tree felling or moving is granted.

b) If the tree has not been felled or moved after the aforesaid time limit, the license for tree felling or moving shall be invalidated.

c) The tree felling or moving serving the execution of a construction work/project shall be carried out according to the schedule of such construction work/project.

d) Tree felling and moving shall be carried out properly to ensure safety for human's life and property.

e) Where a public tree is felled or moved at a legitimate request of an entity, such entity shall compensate for the value of the tree according to its age and type and bear all costs for tree felling or moving and new tree planting (if any).

V. MANAGEMENT AND DEVELOPMENT OF NURSERIES

1. Enhance management and planning of the land fund to develop nurseries.

2. Develop nurseries with species diversity to meet the needs of urban tree development, annual plans for tree development and satisfy the market's needs.

3. Cross-breed and propagate new domestic and foreign breeds with nice crowns, flowers and leaves in order to meet conditions of soil and climate, remain uniqueness of each province when planting trees on the street and in public areas; focus on domestication of local endemic forest species.

4. Be proactive in nursing, breeding and preparation of seedlings to ensure specifications and qualified ones before they are taken out of a garden.

VI. ENCOURAGEMENT TO PARTCIPATE IN URBAN FORESTRY

1. The private sector is encouraged to participate in urban forestry, planting, care and protection and nursery development in compliance with construction planning or specialized tree planning that has been approved by a competent authority.

2. Services related to seedling supply, planted trees, urban tree planting, care and maintenance shall be provided by placing orders or bidding.

3. It is recommended to plant trees on vacant land, traffic safety corridors, isolated areas for waste disposal works, burial works and cemeteries; take advantage of landfills that no longer operate to build nurseries.

4. Households are recommended to plant trees, especially plant trees in front of their houses, on the street according to planning and regulations on approved species of trees.

Part III

RESPONSIBILITY OF URBAN FORESTRY

I. PEOPLE’S COMMITTEES OF PROVINCES

1. Ensure consistency of urban forestry in their provinces. Issue regulations on functions, tasks and power granted to local authorities and authorities responsible for tree management.

2. Issue documents on tree management, develop incentive policies, encourage organizations and individuals to protect and develop urban trees.

II. DEPARTMENTS OF CONSTRUCTION OF PROVINCES AND DEPARTMENTS OF TRANSPORT AND PUBLIC SERVICES OF CENTRAL-AFFILIATED CITIES

1. Grant power to manage urban trees according to regulations of People’s Committees of provinces.

2. Take charge of producing documents on guidelines for urban forestry to submit it to People’s Committees of provinces for issuance or issue them within their power.

3. Prepare and submit a list of ancient trees, conserved trees, banned trees and restricted trees to People's Committees of provinces for issuance or issue it within their power.

4. Provide guidelines, inspect and assess the management and utilization of urban trees, advise People’s Committees to implement state management of all urban tree systems in their provinces.

5. Assist local authorities of urban areas to complete tree management, provide training for officials in charge, technicians and gardeners.

III. LOCAL AUTHORITIES OF URBAN AREAS

People's Committees of districts and communes:

1. Manage, protect and develop urban trees within power granted by People’s Committees of provinces.

2. Prepare and approve urban forestry planning and plans for urban tree development within their power according to approved urban construction planning.

3. Select and conclude contracts with organizations responsible for tree planting, maintenance and care if there are no organizations directly responsible for tree management.

4. Disseminate and raise people's awareness of tree protection, care and development in their districts and communes.

IV. ORGANIZATIONS AND INDIVIDUALS RESPONSIBLE FOR URBAN FORESTRY

1. Plant, take care of and manage urban tree systems in accordance with concluded contracts with a competent state authority and provide services related to urban trees for the society.

2. Make a list and number each type of tree and each conserved tree on the street and in each public area. Make annual reports on inventory of tree area and quantity of planted trees.

3. Regularly carry out inspections and request competent authorities to resolve tree-related issues.

4. Propose species of trees and flowers in accordance with construction planning, characteristics of soil, climate and general landscape; cross-breed and apply types of nice trees and flowers from other areas to the areas that they are assigned to manage.

5. Cooperate with local governments in carrying out activities of the State and people jointly taking care of, managing and developing urban tree systems.

Part IV

IMPLEMENTATION AND EFFECT

1. Organizations and individuals shall comply with regulations on urban forestry. Carrying out any of banned actions specified in Section V Part I herein shall be fined and enforced to compensate according to provisions of Article 31 and Article 36 of the Government's Decree No. 126/2004/ND-CP dated January 24, 2005 on penalties for administration violations against regulations on construction and management of urban infrastructure and management and use of housing.

2. In the places where existing trees fail to comply with guidelines stated herein, step-by-step plans to replace accordingly shall be encouraged.

3. People's Committees of provinces and central-affiliated cities shall implement this Circular.

4. This Circular comes into force after 15 days from the day on which the official dispatch is issued.

5. Any issues arising in the course of implementation shall be reported to the Ministry of Construction.

Appendix No. 1

(Attached to the Circular No. 20/2005/TT-BXD dated December 20, 2005 by the Ministry of Construction)

CLASSIFICATION OF URBAN SHADE TREES

Types of shade trees planted on the street and in public areas shall be divided into 3 types on the basis of their grown height. The distance among planted trees shall comply with provisions for tree classification. Specific provisions:

Shade tree classification and specifications table

Appendix No. 2

CHARACTERISTICS OF COMMON TREES

(Attached to the Circular No. 20/2005/TT-BXD dated December 20, 2005 by the Ministry of Construction)