Joint Circular No. 12/2007/TTLT-BXD-BTTTT dated December 11, 2007 of the Ministry of Construction and the Ministry of Information and Communication guiding construction licensing to base transceiver stations in urban areas
THE MINISTRY OF CONSTRUCTION - THE MINISTRY OF INFORMATION AND COMMUNICATION
SOCIALIST REPUBLIC OF VIET NAM
Independence Freedom Happiness
Hanoi, December 11, 2007
GUIDING CONSTRUCTION LICENSING TO BASE TRANSCEIVER STATIONS IN URBAN AREAS
Pursuant to the Governments Decree No. 86/2002/ND-CP of November 5, 2002, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
Pursuant to the Governments Decree No. 16/2005/ND-CP of February 7, 2005, on management of work construction investment projects;
Pursuant to the Governments Decree No. 112/2006/ND-CP of September 29, 2006, amending and supplementing a number of articles of Decree No. 16/2005/ND-CP on management of work construction investment projects;
The Ministry of Construction and the Ministry of Information and Communication jointly guide the construction licensing to base transceiver stations in urban areas as follows;
I. GENERAL PROVISIONS
1. Scope of regulation
This Circular guides the grant of construction permits for the construction and installation of base transceiver station (below referred to as BTS for short) works in urban areas.
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2. Subjects of application
This Circular applies to state management agencies and organizations and individuals investing in BTS construction and installation in urban areas.
3. Objectives and requirements
3.1. The promulgation of this Circular aims to reduce administrative procedures for licensing the construction of BTS works; and accelerate BTS construction and installation in service of socio-economic development, security and defense.
3.2. BTS construction and installation in all cases must ensure safety for the works themselves and adjacent works; meet technical norms and criteria, not negatively affect the environment and public health; and ensure conformity with urban construction and architectural planning and view.
4. Interpretation of terms
In this Circular, the terms below are construed as follows:
4.1. Grade-1 BTS means a construction work which comprises a station and an antenna transmitting and receiving information in mobile communication built on the ground.
4.2. Grade-2 BTS means an antenna transmitting and receiving information in mobile communication and support devices installed on a ready-built work.
5. BTS construction or installation subject to a construction permit
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5.1. When constructing or installing a BTS, investors shall apply for a construction permit under the guidance of this Circular and relevant current regulations.
5.2. Grade-2 BTS being installed outside areas subject to construction licensing are exempted from a construction permit.
6. Areas subject to construction licensing
6.1. Areas subject to construction licensing include;
- Airport areas, defense and security areas.
- Political-cultural centers subject to management of urban architecture and view.
- Other areas subject to management of urban architecture and view.
6.2. Based on each localitys realities, provincial-level Peoples Committees may decide on and publicize the boundaries of areas subject to construction licensing.
7. Requirements for designing grade-2 BTS
7.1. Prior to designing, the force-bearing capacity of a work must be investigated and tested to identify the location for installing the antenna and support devices.
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7.2. The structure and construction of an antenna must be designed based on specific conditions of the work, and natural and climate conditions of the area where it is installed to ensure the force bearing capacity, safety and stability of the antenna and the entire work after installation.
II. PROVISIONS ON CONSTRUCTION PERMITS
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