Thông tư 20/2009/TT-BXD sửa đổi 20/2005/TT-BXD quản lý cây xanh đô thị

CIRCULAR

ON AMENDMENTS TO THE CIRCULAR NO. 20/2005/TT-BXD DATED DECEMBER 20, 2005 BY THE MINISTRY OF CONSTRUCTION ON GUIDELINES FOR URBAN FORESTRY

Pursuant to the Government's Decree No. 17/2008/ND-CP dated February 04, 2008 on functions, tasks, power and organizational structure of the Ministry of Construction,

The Ministry of Construction amends the Circular No. 20/2005/TT-BXD dated December 20, 2005 by the Ministry of Construction on guidelines for urban forestry as follows:

Article 1. Clause 7 Section III Part I shall be amended as follows:

“7. “dangerous tree” means a tree may be a threat to human, vehicles and construction works if a part of the tree falls down.”

Article 2. Clause 4 shall be added to Section V Part I as follows:

“4. Violations against regulations on banned actions shall be handled according to provisions of the Government's Decree No. 23/2009/ND-CP dated February 27, 2009 on penalties for administrative violations against regulations on construction activities; real estate business; exploitation, production and trading of building materials; management of technical infrastructure; and management of development of houses and offices.”

Article 3. Clause 3 Section I Part II shall be amended as below:

“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 on construction planning and the Circular No. 07/2008/TT-BXD dated April 07, 2008 of the Ministry of Construction on guidelines for preparation, assessment and approval of construction planning and shall add and clarify the following details: …”

Article 4. Point b Clause 1 Section II Part II shall be amended as below:

“b) Criteria for a planted tree:

- For a small tree: Height: at least 2.0 m, DBH (Diameter at breast height): at least 4.0 cm;

- For a medium tree and a large tree: Height: at least 3.0 m, DBH: at least 5.0 cm;

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

Article 5. Point c Clause 6 Section III Part II shall be added as follows:

“c) Identify dangerous trees to keep records on tree development and make prompt response.”

Article 6. Section II Part III shall be amended as follows:

“II. Departments of Construction of provinces and central-affiliated cities

Departments of Construction of provinces central-affiliated cities shall act as advisors to assist People's Committees of provinces to manage urban trees in their provinces: ..."

Article 7. Clause 3 Section II Part III shall be amended as below:

"3. Prepare and submit a list of ancient trees, preserved trees, banned trees, restricted trees and dangerous trees that need replacing to People's Committees of provinces for issuance or issue it within their power."

Article 8. Clause 6 Section IV Part III shall be added as follows:

“6. Make and submit a list on dangerous trees that need replacing to a competent authority for approval and carry out tree felling or moving on schedule."

Article 9. Implementation provisions

1. This Circular comes into force from August 15, 2009.   

2. Any problems arising in the course of implementation shall be reported to the Ministry of Construction.