No. 79/2009/ND-CP
Independence- Freedom- Happiness
Hanoi, September 28, 2009
On management of urban lighting
Pursuant to the December 25, 2001 Law on organization of the Government;
Pursuant to the November 26, 2003 Construction Law;
Pursuant to the December 3, 2004 Electricity Law;
At the proposal of the Minister of Construction,
Chapter I
Article 1.
Scope of regulation and subjects of application
1. This Decree provides for lighting activities in urban centers and the application thereof to non-urban areas nationwide is encouraged.
2. Domestic and foreign organizations and individuals conducting activities related to urban lighting in the Vietnamese territory shall comply with the provisions of this Decree.
Article 2.
Interpretation of terms
In this Decree, the terms and concepts below are construed as follows:
1. Urban lighting activities include planning on, development investment in, and organization of, urban lighting; management and operation of urban public lighting systems.
2. Urban lighting includes the lighting of traffic works; lighting of public spaces; lighting of work facades; advertisement and decoration lighting and lighting of festival areas; lighting in premises of works owned, managed and used by organizations or individuals.
3. Urban public lighting systems include the lighting of traffic works and lighting of public spaces in urban centers.
4. Management and operation of urban public lighting systems includes activities of investment in, upgrading, renovation, maintenance and development of, urban public lighting systems.
5. Urban administrations include People’s Committees of centrally run cities; provincial cities and towns; towns of centrally run cities and townships of districts.
Article 3.
Urban lighting management principles and development policies
1. Urban lighting constitutes a specialized urban technical infrastructure uniformly managed with specific assignment and decentralization of responsibilities and powers under law.
2. Urban lighting must ensure economical, efficient and safe use of electricity, environmental protection and comply with technical standards.
3. Urban lighting must be planned; urban lighting development and investment must comply with approved urban planning or urban lighting planning.
4. The State shall formulate strategies for urban lighting development, aiming to invest in construction and unceasingly raise the operation efficiency of urban lighting works, ensuring the quality of urban lighting and incrementally modernizing and developing urban centers in a sustainable manner.
5. The State encourages domestic and foreign organizations and individuals of all economic sectors to invest in, produce and use high-efficacy and electricity-saving lighting products.
6. Upon repair, replacement and installation of lighting sources and equipment at construction works and urban lighting facilities funded with state budget capital, lighting sources and equipment with certificates of energy-saving products issued by or bearing energy-saving tamps affixed by competent agencies under law must be used.
Article 4.
General requirements on designing, construction and maintenance of urban lighting
1. Urban lighting designing:
a/ To comply with technical standards on urban lighting for each type of work or each lighted area;
b/ To ensure decoration and appearance requirements and to suit the functions of works or lighted areas;
c/ To adopt solutions to the use of high-efficacy and electricity-saving lighting sources and equipment in designing each work or each lighted area.
2. The construction and installation of urban lighting works must strictly comply with approved designs; the construction thereof must ensure safety and convenience and comply with regulations on work construction management.
3. The maintenance must ensure that urban lighting systems operate stably; reach high lighting efficacy, save electricity and ensure safety for managers, operators and users.
Article 5.
Standards and technical regulations on urban lighting
1. The Ministry of Construction shall formulate national standards and promulgate technical regulations on urban lighting.
2. Ministries and branches shall, within the ambit of their functions and tasks assigned by the Government, study and propose national standards and promulgate technical regulations related to urban lighting.
3. Organizations and individuals involved in urban lighting activities shall apply national standards and comply with technical regulations on urban lighting, which are promulgated by competent state agencies.
Article 6.
Protection of urban public lighting systems
Units managing or operating urban public lighting systems shall protect the property thereof (lighting sources, lighting equipment, wire lines, lampposts, electrical boxes, control systems and other electrical equipment) in their assigned areas.
2. All organizations and individuals shall observe regulations on protection of urban public lighting systems, detect in time, stop and report to competent agencies acts in violation of regulations on protection and use of urban public lighting systems.
Article 7.
Propagation and dissemination of and education in law on urban lighting
Ministries, branches, People’s Committees at all levels, political organizations and socio-professional organizations shall, with in the ambit of their functions and tasks, propagate, disseminate, educate and mobilize people in the safe and proper use of lighting electricity as well as high-efficacy and electricity-saving lighting products and in the strict observance of the law on urban lighting.
Article 8.
Prohibited acts
1. Designing or constructing urban lighting works in contravention of urban planning or urban lighting planning and designs approved by competent authorities.
2. Organizing urban lighting in contravention of regulations.
3. Using electricity sources supplied for urban lighting systems for other purposes.
4. Stealing urban lighting equipment.
5. Abusing lighting to cause bad impacts on the environment, human health and urban safety and beauty.
6. Manufacturing or importing lighting sources and lighting equipment at variance with technical regulations.
7. Managing and operating urban public lighting systems in contravention of regulations.
8. Other acts of violation prescribed by law.
Chapter II
Article 9.
General provisions on urban lighting planning
1. Urban lighting planning constitutes a content of urban planning, which is formulated, appraised, approved and managed under the law on urban planning.
2. For centrally run cities, urban lighting planning must be formulated. For other urban centers with approved urban plannings, the additional formulation of urban lighting planning before the urban planning is adjusted shall be considered and decided by provincial-level People’s Committees.
Article 10.
Requirements on urban lighting planning
1. To comply with the requirements and objectives of urban planning and development.
2. To suit natural, economic and social conditions as well as the characteristic, functions and particularities of each urban center.
3. To be in synchronism with technical infrastructure facilities and suitable to lighted works and areas.
4. To comply with technical regulations and standards on urban lighting.
5. To ensure the lighting purposes of electricity saving and efficiency.
Article 11.
Contents and dossiers of urban lighting planning
1. Basic contents of the urban lighting planning:
a/ Investigation and assessment of current conditions of urban lighting systems;
b/ Determination of economic and technical norms of urban lighting;
c/ Forecast of urban lighting demands;
d/ Proposed tentative urban lighting planning;
e/ Proposed priority investment projects and measures to implement the urban lighting planning.
2. A planning dossier comprises drawings and general explanations.
3. The Ministry of construction shall specify the contents and dossiers of urban lighting planning.
Click Download to see full text