The Decree 72/2012/nd-Cp: Regarding The Management And Use Of Common Technical Infrastructure Works

Original Language Title: Nghị định 72/2012/NĐ-CP: Về quản lý và sử dụng chung công trình hạ tầng kỹ thuật

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THE GOVERNMENT.
Numbers: 72/2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 24, 2012

DECREE

V. management and general use of engineering infrastructure

______________________

The Law base. I Government office on December 25, 200. 1 ()

The Law base. Vi The 23rd day. Ah! - 1 1 in 2009;

The Law base. X This is 26 March. 1 1 year 2 0 03;

The Law base amended, compleming some of the l It ' s related to the basic building of the 19th century. Ah! 6 in 2009;

The Law base. Q Urban planning. 1 June 7, 2009;

At the suggestion of the Minister of Construction. ()

The government issued a decree on governance. Why? And we use the same technology infrastructure. Oh,

Chapter I

COMMON RULES

What? 1. The range of adjustment and riddles i private Apply

1. This decree rules on governance. l And using the general public. to The technical infrastructure of the municipality and the promotion of the urban area.

2. Organizations, individuals with activities related to management and joint use of technical infrastructure in the municipality must comply with the provisions of the Parliament of the United States. Shit. This and the rules of the other law are relevant.

What? 2. Explain the word

In this decree the words below are understood as follows:

1. Using the same technical infrastructure is the work of organizations, individuals, laymen, wire-laying, telecommunications cables, electricity, and public lighting (collectively known as line, cable); water pipes, drainage, energy levels (collectively known as pipelines) into the engineering infrastructure.

2. General Technical Infrastructure is the work built to layout, l It's p sets the line, cable and pipeline, including: Antenna Columns; cable-hung (wire); cable; moat and yet technical; urban roads; h And m roads; railway tunnels; sewers; road bridges and c. And Road tumors It's t .

3. Database of shared technical infrastructure including the theory, the completed drawing; the equipment on the equipment, the information about the organization, the individual involved in management and general use.

What? 3. The principle of managing the general use of engineering infrastructure

1. The general use of common use techniques is defined in the planning; expected. And Capital, build up. Okay. Make sure you do. Oh. Set up. Yes. Improve the efficiency of land resources, save costs. And Construction and environmental security.

2. The organization, the individual who owns the common use technical infrastructure is responsible for facilitalation of organizations, individuals with lines, cables, and pipelines into the common use engineering infrastructure construction.

3. Organizations, individuals with new lines, cables, and installed pipelines are responsible for the construction of construction engineering infrastructure construction.

4. The installation, layout of new lines, cables, and pipelines into the construction engineering infrastructure construction has to have solutions that guarantee the normal functioning of the system already.

5. Wires, cables and plumbing. Stain. The installation, the installation of a shared technical infrastructure, must have an indication of the regulations. Okay. The 11 of this decree.

6. The management of the joint use of technical infrastructure must comply with the cycle. Move. n, scale Move. n techniques; technical regulations; safety assurance, urban aesthetics and is done through a regulatory contract at the Travel of the World. Okay. 16, Go. Okay. The 17 of this decree.

What? 4. Standards, technical rules on the engineering infrastructure of use in general.

1. Organizations, individuals when participating in the operation are related to the planning, thi ... What? t k What? Build a landing site. And General use techniques to The standard of compliance with standards, the technical standard applies to the company. What? Yeah. In the absence of standard, technical regulation, allowing for the consumption of consumption. Move. n, q He is Move. n techniques brew A foreign country. The adoption of the criteria Move. n, specification Oh. The foreign language must comply with regulations. brew A law on the application of consumeration Move. n the technical standard in building activity in Vietnam.

2. The Ministry of Construction and ministries within the task function are organized by the Government of the Government to build standards, technical regulations on the technical infrastructure of general use and enact by jurisdiction.

What? 5 . Check out the management violations of the general use of the technical infrastructure.

1. The state governing body on the allocation is available. to Control, detection of management violations of general use of technical infrastructure and criminal justice processing.

2. Organizations, individuals who violate regulations. to This decree depends on the extent to which the law will be processed according to the laws of the law.

What? 6. The banned acts

1. Construction of the general engineering infrastructure does not comply with urban planning; there is no construction permit or no construction permit.

2. Installation of lines, cables, and pipes into the engineering infrastructure is generally unregulated.

3. Impede participation in common use by the provisions of this decree and other provisions of the relevant legislation.

4. Violation of management regulations, use of use, insurance to What? cell General engineering infrastructure.

Chapter II

PLANNING AND INVESTMENT DEVELOPMENT TECHNOLOGY INFRASTRUCTURE USE

What? 7. Required for planning work

1. The urban planning must determine the common use technical infrastructure (fiction). Oh. Line, location and scale) to ensure consistency, synchrony in building investment management.

2. The municipal general planning must define the route and q All of the tools. to The tribute, the moat, and the K The magic on the lines. - Urban.

3. The division planning must determine the location, number, scale of the digital infrastructure works using the site. d It ' s in general from the main road to the ground and it ' s shown on the typical cross-section.

4. The detailed planning must determine the location, number, scale of the overall technical infrastructure use from the internal sugar level onwards and is shown on the c-side. It's Typical horizontal.

5. For the Central City of Central, the technical infrastructure plan must define the work categories of the company. What? According to the field of participation in the engineering infrastructure use general assurance of synchrony, as the basis for the construction of construction projects.

6. In the planning regulations at Clause 2, Clause 3 and Clause 4 This must determine the number, type of line, cable and pipeline involved in the joint use of the engineering infrastructure.

7. For municipalities there have been approved urban planning but not yet c. Boob The content is specified in Clause 2, 3, 4, 5 at this, and then it must be added as soon as the planning adjustment. Public case to General infrastructure is not in the urban planning, as the construction investment must have an agreement by the state governing body for local planning.

8. For the existing municipality, on the basis of an evaluation of the existing technical infrastructure, the proposal for improved solutions, upgrades and new construction to ensure inheritance, meet the general demand for use in the planning area.

What? 8. Investment Building Engineering Infrastructure

1. For the new municipality, the new urban district, the investment owner is responsible for the investment of building a joint-use technical infrastructure program under the approved planning authority. .

2. For the existing towns, Brew The people of cities, towns, towns, according to management hierarchy must plan to step into new building investments, renovate, upgrade the infrastructure. And General engineering.

3. For other areas, encouraging investment building investment in China. to Digital infrastructure Yeah. general in order to secure connectivity, extraction, use d Good, good, good, good.

4. The state encourages the economic components to participate in the investment of building engineering infrastructure joint use in accordance with the appropriate forms of investment and c ... Boob Policy h. I have Help, help. Stain. i with t socket Individual investment worker. Well, Engineering infrastructure in general.

5. B There. K What? Planning and Investment, in collaboration with the Finance Ministry implementing policy support and incentives for organizations, individuals who invest in building engineering infrastructure work.

What? 9. The investment capital building engineering infrastructure using the same company.

1. State budget.

2. Credit for the State of the State.

3. State investment credit.

4. ODA Capital Oh, foreign funding.

5. Capital from investors in, out of the country.

6. Other legal sources.

The Provincial People ' s Committee has a policy of mobiling l It ' s a good idea to invest in the construction of engineering infrastructure on the site.

What? 10. Own the Joint Use Technical Infrastructure

1. The People ' s Committee of Cities, Town, Town on the Management hierarchy is the owner of the common use technical infrastructure that includes:

a) Public to General use of investment techniques are invested from local budgetary resources;

b) Receiving a return from the organization, the individual who left the capital invested in the construction of the engineering infrastructure in general after the expiration of the regulatory management deadline.

2. The organizations are entrusted with and using the central budget capital fund that builds joint use engineering infrastructure works as the owner, managing the operation of the general use of technical infrastructure until the table to the local in accordance with the rules. Oh,

3. Organizations, individuals who invest in new urban construction, the new municipality is the owner, managing the operation of engineering infrastructure in general until the table is prescribed.

4. Organizations, individuals are public owners. to The technical infrastructure uses the same as a result of the construction of the investment capital until the table is established.

5. The owners of the joint technology infrastructure must comply with the management regulations using the technical infrastructure enacted by the Provincial People's Committee.

Chapter III

GENERAL USE OF TECHNICAL INFRASTRUCTURE

What? 11. The indication of signs of recognition l Ah! path Wires, cables, and pipes in the engineering infrastructure work.

1. The sign of recognition of lines, cables, and pipes is the most basic information that is unified by symbols, colors by regulation to recognize, distinguish each type of line, cable and pipe installed into the digital infrastructure work. General.

2. The basic information of the recognition sign includes the owner; properties and type of road type. d Here, cable and pipe.

3. The unit has lines, cables, and pipelines installed into the general use of general use techniques. to The ace of battle All Signs of recognition by definition.

4. Chair Builder, in collaboration with the Ministry of Public Affairs Please. g, the Ministry of Information and Communications regulations on signs of recognition of lines, cables and pipes used. It's p puts together the general engineering infrastructure.

What? 12. Use the general sewers, moat, and yet technical

1. The type of work involved in the general use of the tribute, moat, and, however, the following technique:

a) The common use of the sewers includes: Line, telecommunications cable, power and public lighting;

b) The work uses a general technical general: Line, telecommunications cable, power and public lighting; the water-level pipeline; the energy-level pipeline;

c) General Use Menu Yeah. : The line, the telecommunications cable, electricity and public lighting; the water line; the road. Stain. Energy levels; drainage pipes (if available).

2. The use of the general sewers, the moat. v However, the technique must comply with standards, technical standards, and ensure technical requirements under the current regulations.

3. The lines, cables, pipes must be installed in the right position, ensuring texture and showing signs of regulation, while ensuring convenient and maintenance management.

What? 13. Use urban general road; road tunnel; railway tunnel; sewers; road bridges and railway bridges.

1. Line, cable and pipeline works; cable pole (wire); c. Stain. Cable. What? T It ' s using the same thing. p with each type of road work Shit. ; the road tunnel; the railway tunnel; the sewers; the road bridge and the railway bridge.

2. The design of urban road construction; the road tunnel; the railway tunnel; sewers; road bridges and rail bridges must comply with the planning, standard, technical standard and have a fine technical solution. p to layout, install lines, cables and roads. Stain. Yeah.

3. Common use of urban road works; road tunnels; railway tunnels; sewers; road bridges and railway bridges are now required to comply with the provisions of this decree and have the agreement of the management agency, while ensuring the safety of the railway. Oh. n traffic, public safety and urban aesthetics.

What? 14. Use the same antenna column, cable pole (wire)

1. The type of construction, the device using the antenna mast, the cable pole (wire):

a) The device using the antenna column consists of electrical radio devices;

b) The general use of the cable (wire) column consists of: Line lines, telecommunications cables, electricity, and public lighting.

2. The general use of the antenna column, the cable pole (wire) must ensure the force, safety, and the urban authority.

3. The lines, cables, equipment must install the right location, ensure technical requirements and have a specified sign of recognition.

What? 15. The choice of the management unit to operate the technical infrastructure using the same

1. For the general use of technical infrastructure invested from budgetary funding, the selection of the operating management unit complied with the provisions of the existing law.

2. Organizations, individuals who quit investing in engineering infrastructure use together directly operate operating management or charter management units through h. The board of operations is regulated at Article 16 of this decree.

What? 16. p. n Manage the operation of the joint technical infrastructure.

1. The management of the operation of the following works is done through the operation management contract:

a) Antenna columns.

b) Cable column (wire);

c) The tribute.

d) I'm proud and technical.

2. Oh. A co-management of the specified operation at Clause 1 This is signed between the owner and the management unit operating the technical infrastructure.

3. The Ministry of Construction issued the management contract management of the joint engineering infrastructure operation.

What? 17. p. n Use of ch. Un Miss. n g What? Technical infrastructure.

1. The general use of the work below is done through the contract. Oh. Use:

a) Antenna columns.

b) Cable column (wire);

c) The tribute.

d) I'm proud and technical.

Tunnel tunnels; railroad tunnels; sewers; road bridges and rail bridges.

2. The contract to use the same rules at Clause 1 This is signed between our owners. in Right or unit management is authorized by the owner of the organization, the individual has the need for use.

3. The Ministry of Construction issued a contract using the joint engineering infrastructure.

What? 18. The lease of the technical infrastructure using the same

1. Valuation Principles

a) The lease of the common use technical infrastructure must be calculated correctly, calculating the cost of building investment; operating management costs, maintenance, maintenance; quite a cost of management. c according to q U The law of the law. n with the censer the service; in line with the ch What? policy, the level of business. What? -engineering, which cost the authority issued by the authority.

b) School. p, the investment worker, the construction of the general public use technology. Okay. business under h What? All right. I The rent price is defined on the process of regulatory costs and profit. Excuse me.

2. - What? Identify the rent.

a) Cost of production, service supply;

b) Supply relations, market prices;

c) Change, change in price and muscle. What? the policy of the State;

d) What? event Local socioeconomic development.

3. Lease price management:

a) The Ministry of Finance chaired, in collaboration with the Ministry of Mechanism Guidance, the principle of price control and the Uh ... The law determines the price of rent; the regulation of the exemption, the reduction in the price of service to the defense of the defense, security in accordance with the rule of law;

b) The Committee of the Provincial Population is based on Clause 1, Clause 2 This and the method of determining the rent under the guidance of the Construction, Finance to decide the price for hire. to The technical infrastructure uses the same investment from the source of state budgets that apply to the unification of the table;

c) Organization, individual base stipulated at paragraph 1, Clause 2 This and the method of determining the rent according to the instructions of the Well, In the United States, Finance to set up a lease on the lease of the technical infrastructure used by the investment (in addition to the state budget) and the agreement with the organization, the individual has the need to use; and the implementation of the price register under the rule of price management. Where the parties do not negotiate the lease, the state agency has jurisdiction. Okay. The organization of the price treaty is legally defined by the law of price management.

Chapter IV

ACCOUNTABILITY AND THE POWERS OF THE ORGANIZATIONS, INDIVIDUALS IN THE MANAGEMENT OF THE JOINT USE OF TECHNICAL INFRASTRUCTURE.

What? 19. The responsibility and powers of the owner

1. Organization, selection of operational management units and contracting Oh. The management of engineering infrastructure works in common with the current regulation.

2. Directly or authorized by the operation management unit using the v ... Oh. i socket function, the individual with the need c And Use the same technology infrastructure.

3. Exercise rights and to Aces for the operating management unit; with organizations, individuals participating in the joint use of the landing work. And The techniques under the operation management contract and contract use have been signed.

4. Renovation planning, repair, upgrade of general use technical infrastructure.

5. The management of the construction management unit, the management of the data process and providing information about the technical infrastructure of use under the provisions of this decree and the relevant legislation.

6. Recommend the state agency with the authority to review the socket i, the standard addition, technical regulation is related to the general use of the engineering infrastructure.

7. Implementing a report mode for the state governing body with a prescribed jurisdiction.

What? 20. The responsibility and powers of the operating management unit

1. There must be cadres and workers with sufficient capacity; equipment and technical means necessary to carry out the requirements and duties of the operational management work.

2. Signing with the organization, the individual has the need to use the joint technical infrastructure by jurisdiction or authorized by the owner of the organization. .

3. Exercise rights and responsibilities to the owners; with organizations, individuals participating in the joint use of technical infrastructure under the management of operations management contracts and h ... p co-signed .

4. Compliance with job management regulations to The general use of the technical infrastructure at this decree and the provisions of the other laws are relevant. Build, process management process l Operator. to General management of the general use of management.

5. Periodically testing, evaluating the operational situation of the general technical infrastructure. Handling of the incident Yeah. i is responsible for timely notice of the relevant parties for the same treatment coordination, remediation.

6. Implement and inform the coordinated related units that implement the renovation plan, repair, upgrade of general use technical infrastructure.

7. Build, exploit and manage c Uh ... The database. The report periodically provides the operation of the operation of the authority under the prescribed jurisdiction.

What? 21. Responsibility and the rights of the organization, the individual participating in the use of the Un g

1. Exercise rights and responsibilities to owners of h ... o It ' s a management unit. p. Oh. Using signed k What? t.

2. Implement the regulation of general use of the technical infrastructure of this Decree and the regulation of the other law is relevant.

3. Provide information about the pipeline, line, cable, common use equipment and is provided with relevant information about the general use of the general-use technical infrastructure.

4. Timely notice for the Uh ... The management of the operation when abnormal phenomena can be attempted, the same thing. Yeah. I have to be in a timely fashion. Oh. Operational management units, Please. You're involved in handling and handling the incident.

5. Remix p. Please. The manager of the operation, the operation, the operation was removed. i Engineering infrastructure uses the same pipelines, lines, cables, and equipment that need to upgrade or be damaged.

What? 22. Ministry responsibility, peer agency

1. The responsibility of the Ministry of Construction

a) Yes. to The yoke of state administration of the common use of engineering infrastructure in the cities of the country;

b) Coordinating with ministries, peer agencies, the Provincial People ' s Provincial Committee. Oh. Lead, according to d. It was i, check out the law enforcement. Okay. management of the general public use of engineering infrastructure.

2. The responsibility of the ministries, the horizontal organ

Ministries, peer agencies within the mission range, your powers are in charge of coordination. p. i Ministry of Construction; ministries, related fields and Brew The People's Department of the Provincial People's Guide, according to the d It was i, check out the regulation of this decree.

What? 23. The responsibility of the Provincial People ' s Commission

1. The Provincial People ' s Committee unified the state management of the use of ch U Engineering infrastructure, tasked with specialized agencies, devolve. to As for the People's Committee, the municipal committee on the table.

2. Issuing detailed regulatory documents on management, the management hierarchy uses the same technical infrastructure on the site by jurisdiction.

3. It is directed to combine the general use when planning to develop a general use of the engineering infrastructure on the management site.

4. The raising of capital investment from other economic components involved in the investment of building engineering infrastructure using the same company. .

5. Enacted mechanisms, the policy encourages organizations, individuals to have sufficient capacity by the provisions of the law to participate in the construction, management of engineering infrastructure operations.

6. Presiding, in coordination with the ministries, the organizational sector addresses disputes over the general use of engineering infrastructure on the site by the rule of law.

7. The organization is popular and deployed implementation of regulatory legislation regulating v. Okay. management of the general public use of the engineering infrastructure on the site.

What? 24. The responsibility of the professional authorities at the site Please. g

1. The responsibility of the Construction Department

a) Host, coordinate the muscles. a n the expertise involved in the drafting of regulatory documents on management of the general use of the Department of Provincial People's Committee on the authority;

b) Aggregation, database storage, provision of information about the general use of engineering infrastructure; report of the management situation using joint engineering infrastructure with the Provincial People's Committee and the Ministry of Construction by regulation;

c) Guidance, inspection, and disposal of regulatory violations of the general use of engineering infrastructure on the site by jurisdiction.

2. Responsibility for the local authority in the locality: Coordination with the Construction Department implementing the state management of the joint use of engineering infrastructures by function, mandate by the People's Committee of the Provincial Committee.

Chapter V.

THE ORGANIZATION.

What? 25. l Male execs

This decree has been in effect since 10 November 2012.

What? 26 . Organization implemented

The Minister. , chief agency officer, Head of Government Office, Chairman of the Government Brew The people of the provinces, the central city of the Central Committee, are within the scope of their mandate. to It was the execution of this decree. /.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung