Decree No. 41/2007/ND-CP dated March 22, 2007 of the Government on urban underground construction
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, March 22, 2007
ON URBAN UNDERGROUND CONSTRUCTION
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Construction Law dated November 26, 2003;
At the proposal of the Minister of Construction,
Article 1. Governing scope and subjects of application
1. This Decree guides the implementation of the Construction Law regarding the particular requirements of the urban underground construction in Vietnam.
2. The urban underground construction in Vietnam shall comply with the provisions of the Construction Law, the provisions of this Decree and relevant documents guiding the Construction Law.
3. This Decree applies to domestic and foreign organizations and individuals conducting activities relating to urban underground construction in Vietnam.
Article 2. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Urban underground construction means the construction related to urban underground works.
2. Urban underground works mean those built underground in urban centers, including underground infrastructures, underground traffic works; underground public works and underground sections of construction works.
3. Underground technical infrastructures include water supply pipelines, energy supply works, water drainage facilities; electricity supply works, communication cables; ditches, technical tunnels and technical infrastructure hubs built underground.
4. Underground traffic works mean those in service of traffic, built underground.
5. Underground public works mean those in service of public activities, built underground.
6. Underground sections of construction works include basement floors (if any) and construction works' sections built underground.
7. Technical ditches mean underground sewers of appropriate sizes for installation of cables, technical tubes.
8. Technical tunnels mean tunnels for installation of systems of cable, technical tubes. Technical tunnels must meet the requirements on air ventilation, lighting, fire and explosion prevention and fighting, water drainage and be large enough for people to perform the tasks of work installation, repair and maintenance.
9. Urban underground space means the space created underground for use for the purpose of construction of urban underground works.
10. Urban underground construction planning means the organization of underground construction space with a view to rationally and efficiently exploiting and using the underground space to meet the urban development demands.
Article 3. Provisions on the use of urban underground space
1. The use of urban underground space for construction of underground works is determined according to construction permits.
2. The use of urban underground space for construction of underground works shall be permitted by competent authorities and comply with the following regulations:
a) To be in line with urban construction plannings approved by competent authorities. If underground works are yet identified in the construction plannings, there must be the consent of competent state bodies in charge of construction planning after the concerned local state management agencies give their opinions.
b) Not to construct works beyond the identified construction line limits or the land plot boundaries. When there is a need to construct works beyond the identified construction line limits or the land plot boundaries (excluding the technical connections of underground cable or pipe systems), the permission of provincial-level People's Committees is required.
c) The works' depth and horizontal distance must not affect the safety, management, exploitation and use of adjacent works, above ground works as well as works already specified or projected in the construction plannings.
Article 4. Application of urban underground construction norms and standards
1. The application of urban underground construction norms and standards shall comply with the regulations on technical standards and norms.
2. The Ministry of Construction promulgates norms on underground work construction, standards on construction of public works, underground technical infrastructures.
3. Ministries managing specialized construction works shall base on the underground work construction norms to promulgate standards on construction of specialized underground works falling under their respective management.
Article 5. Supports and preferences for investment in construction of urban underground works
1. The State encourages organizations and individuals to invest in the construction, commercial exploitation of underground public works, underground traffic works and underground technical infrastructures in appropriate forms of investment.
2. Organizations and individuals investing in the construction of works specified in Clause 1 of this Article are given the following supports and preferences:
a) Land use tax exemption or reduction.
b) Partial support in compensation funding for clearance of underground space and grounds related to underground works.
c) Access to preferential financial sources.
d) Investment supports and preferences according to the provisions of law on investment.
Article 6. Archive of urban underground work dossiers
1. The dossiers on completed urban underground works shall be archived according to the legal provisions on archive.
2. Local state management bodies in charge of construction shall manage the dossiers on designs of urban underground works, supply information on urban underground works to organizations or individuals at their requests according to the provisions of law.
Article 7. Prohibited acts
1. Building urban underground works in areas where construction is banned; building such works in regions highly prone to geotechnical problems, affecting the safety of underground works.
2. Building urban underground works in contravention of construction plannings, or designs already approved by competent authorities, building such works without permits or in contravention of construction permits.
3. Encroaching upon the underground works protection scope.
4. Participating in underground construction while failing to fullymeet the conditions on capabilities as provided for by the law on construction.
5. Violating the regulations on exploitation, use and maintenance of underground works.
6. Other acts of violating the legal provisions on construction.
URBAN UNDERGROUND CONSTRUCTION PLANNING
Article 8. General provisions on urban underground construction
1. The urban underground construction planning constitutes part of the urban construction planning and is elaborated, appraised, approved and managed according to the legal provisions on construction planning.
2. The approved urban underground construction planning serves as a basis for subsequent urban underground construction activities.
3. The planning for construction of urban centers with a population of over one million each must covers the planning on metro systems.
4. The planning for construction of new urban centers, new cities, new thoroughfares in old urban centers must covers the plannings on systems of tunnels, technical ditches for installation of cables, technical tubes. For old cities, there must be plans on construction of tunnels, technical ditches for incrementally laying underground of cable works, technical tubes.
5. For cities of grade II or higher, for which the construction plannings have been already approved, additional planning on underground construction must be elaborated. For remaining urban centers, the elaboration of additional planning on underground construction before the time the construction planning is adjusted shall be considered and decided by provincial-level People's Committees according to practical local demands.
Article 9. Requirements on urban underground construction planning
1. To ensure the rational, thrifty and efficient use of land.
2. To ensure compatible, synchronous and safe connection among underground works as well as between underground works and aboveground works.
3. To ensure the requirements on protection of the environment and underground water sources.
4. To closely combine with the requirements on security and defense; at the same time to ensure safety for and confidentiality of security and defense works.
Article 10. Contents of urban underground construction planning
1. For urban construction overall planning:
a) Analysis and assessment of the natural geotechnical and hydro-geological conditions, which are related to the underground construction; the current situation of construction of underground technical infrastructure networks and areas using urban underground space.
b) Forecast of demands for development and use of underground space.
c) Forecast of positions of spatial connection of underground works.
d) Forecast of locations and sizes of underground public and traffic works and technical infrastructures.
e) Identification of areas where construction of underground works is banned or restricted.
f) Determination of safety protection areas for underground traffic works.
2. For urban construction detailed planning:
a) Analysis and assessment of current situation on construction of underground works.
b) Specific identification of locations and sizes of underground public, traffic works and technical infrastructures.
c) Determination of positions of spatial connection and technical connection of works.
Article 11. Dossiers on urban underground construction planning
Dossiers on urban underground construction planning constitute part of the dossiers on urban construction planning blueprints; the additional dossiers are as follows:
a) For urban construction general planning:
- The map on current status of construction areas and the use of underground space;
- The map on areas zoned off for construction of urban underground works.
b) For urban construction detailed planning:
- The map on current situation of underground work construction;
- The map on underground work construction planning.
The scales of the above maps comply with the provisions of law on urban construction planning.
2. General report on additional explanations and legal documents relating to the construction of underground works.
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