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The Decree 63/2010/nd-Cp: Urban Green Management

Original Language Title: Nghị định 64/2010/NĐ-CP: Về quản lý cây xanh đô thị

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law building on November 26, 2003;

Pursuant to the law on urban planning, June 17, 2009;

Considering the recommendation of the Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the management of trees in urban areas across the country.

2. Organizations and individuals in the country and abroad are related to urban green management on the territory of Vietnam must comply with the provisions of this Decree.

Article 2. Explanation of terms In this Decree, the wording, the concept is understood as follows: 1. the urban green management including: planning, planting, care, nursery, protective and close down, move the Green municipality.

2. urban green is green public use, limited use of greenery and trees dedicated in the municipality.

3. Green urban public use is the type of trees to be planted on the street (including orchards, trees, vines, decorating the tree, natural grass grown on the summer city, divider, traffic island); trees in the Park, flower garden; the green trees and grass in the square and other public areas in the municipality.

4. limited use of greenery in urban trees are grown within the headquarters, schools, hospitals, cemeteries, religious buildings, villas, houses and other public buildings because the Organization, management and personal use.

5. Green Tree dedicated in the municipality are the trees in the nursery or the research service.

6. ancient Trees are perennial trees are cultivated or grows wild, have the minimum age 50 years or 50 cm diameter tree over at 1.3 m height of the tree.

7. Trees are preserved ancient trees, tree list rare plants, trees are listed in the Red data book Vietnam plant, plant recognized cultural historic value.

8. Green Tree list tree planting trees is prohibited have toxins dangerous to humans.

9. Green Tree list tree planting restrictions are the fruit trees, trees create smells to influence health and the environment.

10. dangerous Tree is the tree has come of age, ageing trees or parts of trees easy to crack pouring accident for people, damaging buildings and vehicles, plant pest risks causing widespread disease.

11. a tree is planted garden nurseries, nursery seedling species focus according to the technical procedures to plant and ensure the standard crop before planting out.

12. The unit to perform services on the management of urban greenery is the choice to make the planting, care services, nursery, protective and cut green shift, public use of the town.

Article 3. The principle of urban green management 1. The unified Government to manage urban greenery, have assigned, decentralized responsibility according to the provisions of the law.

2. the State is responsible for investment, the development of green urban public use for the purpose of serving the interests of the community.

3. the State encourages created favorable conditions for organizations and individuals involved in planning; planting, care, nursery, protective management of urban greenery.

4. The management and development of urban green areas to comply with urban planning, technical standards at the same time contribute to the landscape, the protection of the environment and biological diversity.

5. When construction of the new urban area, the owner must ensure the Green Earth Foundation; trees must be planted in the right category, standard crops according to the detailed planning of the new town were approved at the same time are responsible for the care and protection of trees until delivered to the authorities under the provisions of the provincial people's Committee.

6. When the construction of the road of the town must plant trees in sync with the construction of the infrastructure works. When renovating, upgrading of urban road piping works, engineering or when conducting submarine down the line, the cable float in the municipality related to protecting, felling, planting new trees, blue shift, the owner must inform the management authority of local green know to monitor implementation. The felling of green trees, the municipality must comply with Article 15 of this Decree.

Article 4. Investment plans, development of green urban public use 1. Investment plans, development of green urban public use must conform to the planning, land use planning, urban planning was approved by the authority.

2. investment plan, development of green urban public use annually and 5 years include: the work of planting, tending, tree nursery, urban greenery protection; new construction, restoration, tuning and upgrade the construction works in the area of green urban public use.

3. investment plan, green development and urban public use funding made under the plan must be placed in the program or plan of economic and social development of local.

Article 5. Standards and technical regulation of urban green 1. The Organization, individuals are responsible for applying the standards and comply with the technical standards relevant to urban green by the competent State bodies.

2. The construction construction organization of national standards and technical regulations on planning, design of urban greenery.

Article 6. Advocacy, education, common law of urban green management in the ministries, the people's committees of all levels, political organizations, social organizations, careers in the scope of his responsibility coordinating with mass information bodies and popular propaganda, school of education , guide people and communities participate in planting, tending, protecting the urban greenery and accepted the provisions of the relevant legislation on the management of urban greenery.

Article 7. The prohibited acts 1. Planting of trees in the category tree planting prohibition; the growing of crops without limitation authority for permission.

2. Voluntarily plant trees on summer, divider, intersections and public owned areas are not properly regulated.

3. Arbitrary cut, move, close branches, pruning branches, dig roots, close to the roots of trees without permission.

4. Gouged, nailed to trees, Peel the stems; garbage, hazardous materials and building materials on green tree; launch cleaner, Chiseled, burned the base, build the podium, stands around a tree.

5. Hook, attached billboards, signage and other widgets on the tree; John cord, decorative lights strung in trees without permission.

6. the encroachment, illegal construction on land or trees have been identified in urban planning and prevented planting according to regulations.

7. Organizations and individuals manage or be assigned a green management the municipality does not comply the regulations on the management of urban greenery.

8. The violation of other provisions of the law.

Chapter II the GREEN URBAN PLANNING article 8. Requirements for the planning of urban green 1. Consistent with the requirements and objectives of urban planning and urban development.

2. Fit the natural conditions, climate, edaphic properties, function, traditions, culture and identity of the municipality.

3. Combine harmoniously with the water space, landscape and the environment; meet the requirements of management and use.

4. Compliance with the technical standards of planning, urban greenery design.

Article 9. The content of green planning in urban planning 1. Planning the urban greenery is a content in urban planning.

2. the urban master plan must identify: norm green land, the total land area of green to the whole municipality, each area municipality (new area; the old area, and the area is projected to grow), an area of soil to grow nurseries and the scope of urban green land use.

3. In planning urban areas must identify specific: location, scale, nature, functions, scope of urban green land use; the principles of choosing the type of plant.

4. in the detailed planning of the municipality must identify specifically: category tree, standard plants, tree-lined layout forms in the functional areas; Locate the green trees on the street.

Article 10. Detailed planning of green trees, parks-parks municipalities 1. Detailed planning of green trees, parks-parks municipalities was established as the basis to establish a green investment projects, the Park-Garden.

2. the content of the duty of planning the details of trees, parks-flower garden include: a) the scope, boundaries, area planning area;

b) basic norms of land and infrastructure;

c) requirements and the principle of space design in landscape architecture, infrastructure connections and choose suitable crops;

d) component profile projects.

3. the content of the detailed plan, the Park-garden flowers include: a) analysis, reviews the current state of planning areas; the provisions of the General plan, zoning subdivision concerned;

b) define indicators of land use, infrastructure;

c) master plan of land use master plan in the Park-garden flowers: functional areas, regulations on building density, coefficient of land use;

d) specific types of trees, ensuring standard rules on crop;

DD) landscape architecture design of green trees, parks-flower garden;

e) planned technical infrastructure system in the Park-Garden.

4. Record the detailed planning of green trees, the Park-garden flowers include: a) location and limited land area; map the current state (landscape architecture, technical infrastructure); planning map of the premises or land use; map of space organization of landscape architecture (location, form a green layout ...); the drawing illustrates; planning map of technical infrastructure systems; list the types of trees, crop standards;

b) General presentation and related legal documents.

5. Authority to appraise, approve the task, a detailed plan of green trees, parks-local parks under the provisions of the law on urban planning.

Chapter III the PLANTING, care, NURSERY, PROTECTING, FELLING, MOVE the GREEN MUNICIPALITY article 11. General provisions on planting, urban greenery care


1. The planting the municipality must comply with urban planning has been approved by the authority.

2. The planting the municipality must ensure the right technology, the right type, standard and guarantee safety; new tree planting have to be protected against, keep the stems straight, definitely make sure the trees grow and develop well.

3. The plant must be periodically checked, care and determine the status of development of the plant to take measures to track, protect and timely handling the impacts affecting the growth of the tree.

4. The care, pruning the trees must comply with the technical process at the same time must take measures to ensure the safety of people, vehicles and buildings.

Article 12. For the nursery trees municipality 1. The municipality must take the Land Fund to grow nurseries under planning.

2. organizations or individuals using land to grow nurseries to ensure true aim, land use efficiency; application of scientific and technological advances on the study of plants, domesticated trees imported; the work of the nursery grown saplings of trees, flowers, plants to meet the needs of providing trees to the municipality.

Article 13. Urban greenery protection 1. Urban green should be preserved, protected and checked regularly 2. Every organization and individual, households are responsible for care, securing urban greenery, stop time the violations of the provisions on the protection of trees in town at the same time inform the Committee under a management hierarchy to take measures to handle.

3. the people's committees according to the hierarchy of responsible management organizations protect, test, handle the infringement of urban greenery; organizations and individuals violating the regulations on the protection of urban greenery responsible for remedy, compensation prescribed by the law.

4. The Unit perform services on management of green municipality is responsible for the protection of local urban greenery be delivered under a contract with the municipality of green management according to hierarchy.

Article 14. Cut, move the Green municipality 1. Conditions of felling, municipality of green shift: a) the trees have died, have been pouring snapped or risk breaking pour dangerous;

b) trees sick or old age does not guarantee safety;

c) trees in the area of the project construction investment.

2. The case of felling of green trees, the municipality must have a licence: a green tree list) conservation;

b) shade on the streets;

c) shade Trees; preservation of trees; the tree was numbered, in parks, sea, hanging gardens, public areas and the areas of the project construction works;

d) shade has a height of 10 m or more; tree conservation in campus organizations and individuals.

3. cases are exempt from felling permits, move the Green municipality is: cut immediately to the emergency situation, due to natural disaster or dead tree, has been dumped. Before felling, moved to have the minutes, the snapshot status and must report back to the governing body of the municipality of greenery at the latest within 10 days from the day done.

4. recommended profiles permit felling of green trees, the municipality includes: a) petition stating the location of the cut, move; the size, type of tree and the reason need to cut, move the Green municipality;

b) diagram location of urban greenery need cut, shift;

c) green status snapshot municipalities need to cut, move.

5. Receiving records and time-resolved to license a) record licensing proposal cut green shift, the municipality was filed in green administration the municipality under the provisions of the provincial people's Committee;

b) time resolution for the licensing of felling, shift must not exceed 15 working days from the date of receipt of a valid application.

6. the people's Committee of the provincial licensing authority regulations cut, move the Green municipality. Licensing proposal form and felling permits, move the Green municipality specified in Appendix I and Appendix II of this Decree.

7. Make the cut, move the Green municipality a) the time limit to implement the cut, move the Green municipality not more than 30 days from the date of license;

b) against the felling of green trees, shift in the investment project of construction must be done according to the progress of the project;

c) before deploying the felling, the green movement, organization or individual should notify local authorities;

d) The felling of green trees, municipality in the public areas and in the campus of institutions, individuals manage to ensure the technical processes, the safety of people and property.

8. The unit made the green management services the municipality was given the task of felling trees, public use of local municipalities must comply with the provisions in this article. In the case of felling of green trees, public use of the town and new crops must ensure the right provided for in article 11 of this Decree.

9. The organizations and individuals who have a need to cut, move the Green municipality in addition to compliance with the provisions of this Article have to be responsible to compensate the value of trees, bear all costs for the felling of green trees, the municipality.

Article 15. For trees in urban public use 1. For trees on the street a) shade grown on the streets to ensure the technical regulation and plant spacing, height, tree diameter;

b) the choice of the form of the tree layout, type of plant on the street have to fit each type of streets, the particularities of each municipality and to ensure safety for people and vehicles involved in traffic. In the traffic island in the arrangement of green plants must comply with the regulations on ensuring traffic safety;

Green Plants are planted) under power lines must ensure the safe corridor grid according to the provisions of the law on electricity;

d) On the streets of the municipality of shade must be numbered tree to tree management prepare and periodically check the technical regulatory process;

DD) planting does not obscure the Sea Road and traffic signal lights.

2. for trees in the Park-gardens, squares and other public areas of the municipality.

a tree planted in a park), flower garden, Lake, water, on the banks of the river and other public areas of the municipality must comply with the detailed planning of green trees, parks-flower garden or urban planning was approved by the authority;

b) planting, care, protect, move, felling trees to comply with the provisions of article 11, article 13 and article 14 of the Decree.

3. Green urban public use must be developed according to the annual plan of the municipality.

Article 16. For the limited use of greenery in the municipality 1. The Organization and the individuals responsible in the planting, care, protect trees in its campus management.

2. The felling of green trees, should follow the provisions in point a, point DD of item 2; clause 4; point a, point c, point d of paragraph 7 of article 14 of this Protocol.

3. The cultivation of decorative plants, trees, flowers on the balconies, a terrace to guarantee safety, sanitation and urban landscape.

Article 17. For the tree is preserved in the municipality 1. The trees to be preserved are statistics on the number, quality, number of trees, hang the establishment's name seas, at the same time to have special care and protection for each plant to serve the conservation.

2. The people's Committee under a management hierarchy issued a category tree needs to be preserved in its management.

Article 18. For dangerous plants in the municipality 1. Dangerous plants in the municipality must take measures to protect and plan to cut, shifted in time. The new plant is secured as prescribed in article 11 of this Decree.

2. The unit made about green management services is responsible for establishing bad track record of growing plants; planning the felling the trees move, the competent bodies for approval at the same time implementing organizations.

Article 19. Unit selection made the green management services 1. The unit made about green management service must have sufficient capacity, operational experience in the field of urban greenery, have the equipment and technical means necessary to implement the requirements and tasks according to the regulations of the people's Committee under decentralized management.

2. The selection of the units to perform services on green management in the form of tender or order through the contract.

3. specific conditions at the base and the provisions in clause 1 of this article, the people's Committee as the management hierarchy of decision choosing the unit to perform services on management of green areas by themselves.

Chapter IV RESPONSIBILITY of MANAGING URBAN GREENERY article 20. The responsibilities of the ministries 1. The responsibility of the Ministry of construction a) unify the governance of urban greenery;

b) your Government issued or issued under the authority and guidance of the legal texts on the management of urban greenery;

c) Guide to managing costs to maintain the trees used in public use which State budget;

d) to check compliance with the provisions of the law on the management of urban greenery all around the country.

2. Ministry of planning and investment, Ministry of finance, Ministry of natural resources and environment, Ministry of agriculture and rural development, and other relevant ministries in the scope, duties and functions of their powers is responsible for coordinating The implementation of building governance for urban greenery article 21. The responsibility of the provincial people's Committee 1. Green management consistency of the municipalities in the province. Assigned responsibility for the specialized agencies and decentralized management for district-level people's committees on the management of urban green areas.

2. Issued or decentralized to district level people's Committee issued the text of specific regulations on the management of urban green areas.

3. Pursuant to the regulations, the Government's guidelines and conditions for socio-economic development of local:


a) Organization directs the preparation and approval of the annual plan, five years of investment, the development of green urban public use;

b) study issued mechanisms, investment policy, financing and land use to encourage organizations and individuals involved in the urban green management, development and investment in nurseries, parks, gardens;

c) regulations regarding the management and use of resources obtained from the felling of green trees, public use has its benefits.

4. Organize implementation of the text of the Government on the management of urban greenery.

Article 22. The responsibility of the people's Committee of the district level 1. Implementation of green management of local municipalities under decentralization of the provincial people's Committee.

2. Enact specific regulations on the management of urban green under local divisions assigned to manage and inspect the implementation of this regulation.

3. Promulgation of the category tree, plant conservation and tree planting prohibited restrictions on the deliveries, according to hierarchy.

4. Select units to perform services on management of green areas are assigned according to hierarchy.

5. The organization directing the annual statistics and establish a database of urban green areas are managed and delivered the report to track construction Department, General.

Article 23. The responsibility of the Department of construction of the central cities, 1. Chairman of the provincial people's Committee to help implement state management functions of urban green areas.

2. Presiding over drafting the written instructions on the management of urban greenery, annual planning and five years of developing green public use the provincial people's Committee.

3. Determine the category of plant, trees need conservation, hazardous tree, tree planting, crops limited bans in the provincial people's Committee.

4. General database of urban greenery; tutorials, tests, reviews of the management of urban greenery on the province and periodically report annual provincial people's Committee and the Ministry of construction.

Chapter V IMPLEMENTATION article 24. Effective enforcement of this Decree in effect enforced since July 30, 2010.

Article 25. Implementation 1. The Ministry of construction, in coordination with the ministries concerned have the responsibility to guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.