The Decree 39/2010/nd-Cp: Management Of Urban Underground Construction Space

Original Language Title: Nghị định 39/2010/NĐ-CP: Về quản lý không gian xây dựng ngầm 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 1.

GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the management of underground construction space in the town in Vietnam.

2. Organizations and individuals in the country and abroad to participate in activities related to the construction of underground space in urban areas in Vietnam must comply with the provisions of this Decree and the provisions of other relevant laws.

Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "urban underground construction space" is the space under the ground to be used for the purpose of constructing the urban underground.

2. "management of urban underground construction space" including the construction of underground space planning and activities related to urban underground construction.

3. "planning of underground construction space of the town" is the Organization of space built under the ground to the underground construction.

4. "urban underground works" are works built below ground in the municipality include: public works, transportation, public works and engineering hub of underground part of the building on the ground, line, cable, pipeline of underground engineering , and yet nen techniques.

5. "public works" are works that serves public activities are built below ground.

6. "transportation" is the underground works, subway stations, tunnels, pedestrian tunnels and ancillary works connection (including the underground part connections section to the ground).

7. "works of underground engineering clue" is the underground engineering infrastructure works, including: water supply stations, waste water treatment stations, substations, gas stations ... are built below ground.

8. "line, cable, pipeline of underground engineering" is the feed water pipe works, power and drainage; line power supply, communication is built below ground.

9. "the Underground Part of the building on the ground" is the basement (if any) and the Department of public works is located below ground.

10. "Yet nen technique" is the underground works by big enough to ensure that people can make the task of installation, repair and maintenance of equipment, pipeline engineering.

11. "technical" is the underground works by small size to install the lines, cables and piping engineering.

12. "the drains, hot techniques" is the system of pipes, hot cable to installation of underground cable lines, information, telecommunications, signal transmission cable, tv cable, power cable, lighting.

Article 3. Space management principle subterranean urban construction 1. The management unity Government on the basis of delivery of provincial people's committees to manage the construction of underground space on its urban management.

2. The space construction of urban underground must be planned, built, managed and used. Planning, urban space development on the ground must be closely combined with the safe and effective use of space.

3. The use of underground space for the construction of underground works be sure to use the save Earth, protect the environment and the requirements of security and defense.

4. The owner of the new city, new houses and new roads constructed or renovated, expanded responsible investing in construction of the drains, ditches or technique, but tank nen technique to layout, installation of pipe lines and techniques according to the master plan is approved by the authority. For the former municipality, municipality improvement and provincial people's committees are planning to invest in construction of drains, ditches or technique, but tank nen technique to gradually lower the subway line, the floating cable.

5. The construction of urban underground works must comply with the following rules: a) urban planning, building regulation, building permit;

b) not built to exceed just about building or land use scope is determined by the decisions, land rental of competent State agencies. When there is demand building exceeds just about building or land use range has been identified (excluding technical connection of the system line, piping) must then be competent State agencies;

c) guaranteed security for the community, for the works itself and surrounding buildings; does not affect the use, exploitation, operation of the adjacent buildings as well as the works have had or have defined in urban planning.

Article 4. Ownership of underground constructions The certificates of ownership of underground constructions in accordance with the provisions of the law on the certification of land use rights, ownership of housing and other assets tied to the land.

Article 5. Use of land to urban underground construction 1. The use of land for the construction of urban underground works must conform to the urban planning, land use planning authorities granted approval.

2. provincial people's Committee decided to organize in the country; organizations, foreign individuals use land to urban underground construction as specified.

3. The use of land for the construction of urban underground works (not including the underground part of the building on the ground) to follow the following rules: a) individual organizations within the country and abroad is State land lease to pay rent of land for construction of urban underground business purposes;

b) organizations, domestic and foreign individual State land lease was considering exempting or reducing land rents for urban underground construction is not intended for trading.

4. Ministry of natural resources and the environment, in coordination with the ministries concerned construction management and land use to urban underground construction, the Prime Minister's decision.

Article 6. Support and incentives to urban underground construction 1. The State encourages organizations and individuals involved in the planning of underground construction space; construction of underground structures under the appropriate investment form.

2. The type of urban underground works are encouraged to invest in construction include: a) transportation and parking;

b) technical clue works;

c) Drain, hot techniques, DIME, but nen techniques.

3. Organizations and individuals involved in investing in the construction of underground structures are specified in clause 2 of this Thing is support and investment incentives under the provisions of the current law.

4. The Ministry of finance, resources and the environment, planning and investment functions, base your mission instructions implement the provisions in paragraph 3 of this Article.

Article 7. Regulation, standards for urban underground construction 1. Organizations and individuals active in the field of spatial planning of underground construction and underground construction is responsible for compliance with the provisions of the relevant technical regulation by competent State bodies.

2. The Ministry of construction, the Ministry of construction has specialized in the Organization of national standards; enactment of relevant technical regulation on underground construction according to the functions and tasks assigned by the Government.

3. The application of construction standards of foreign countries must comply with the provisions of the law on application of construction standards in construction activities in Vietnam.

Article 8. Build the database and archive records of underground constructions of the town 1. The database of urban underground works include: a) data about the current state of urban underground works;

b) data on the construction of underground space planning of the municipality;

c) other data relevant to the management of urban underground construction space.

2. The record of the current state of the underground works, construction of underground space planning are stored pursuant to the law on archives. Encourages the Agency to manage the level of advanced technology application in the management of the database and provide information on the process of the urban underground.

3. The Ministry of construction is responsible for guiding the establishment of databases on urban underground works.

4. provincial people's Committee has the responsibility for directing the construction of a database for the management, planning, investment in the construction of underground works on its urban management.

5. State administration of local construction is responsible for implementing the construction of databases; archive records and provides information for organizations and individuals in need in accordance with the law.

6. The organization, individuals in and outside have the underground constructions in municipalities are responsible for providing data about its management of underground works for the State administration of building locally to develop databases on urban underground construction.

Article 9. The prohibited acts 1. Construction of urban underground wrong urban planning or construction of underground space planning; wrong building permit or without a building permit.

2. Violation of the safe corridors and the protection of underground works.

3. Join elaborate activities that do not qualify under the provisions of the law on construction.

4. Violation of the regulations on the management of the extraction, use and maintenance of underground works.

5. other acts violating the provisions of the law on construction, urban planning and related laws.

Chapter 2.

PLANNING of URBAN UNDERGROUND CONSTRUCTION SPACE article 10. Regulations on the planning of underground construction space municipality 1. Planning of urban underground construction space is a content of the urban plan. The content of the planning of underground construction space in the urban projects of urban planning in accordance with the provisions of the law on urban planning.

2. for the urban planning had been approved or in the case of investment needs of underground construction but have not been identified in the approved plan, the conduct of general planning or detailed planning of underground construction space by the provincial people's Committee to consider decision.


3. Overall planning of underground construction space was created for the municipality; detailed planning of underground construction space be created for urban areas or are set up to make the basis of project construction investment. Planning for content in accordance with the provisions of article 12 and article 13 of this Decree.

4. The evaluation, approval of the overall planning and detailed planning of underground construction space of the town follow the provisions of the law on urban planning.

Article 11. Requirements for the planning of space construction of urban underground space planning of underground construction to ensure rational land use, save and effectively; compatible connection and synchronisation works between the underground and the underground works with the works on the ground; ensure the environmental protection requirements and groundwater, underground works and safety of underground part of the work on the ground.

Article 12. Content of the overall planning of underground construction space municipality 1. Analysis, evaluation of natural conditions, geological, hydrogeological work; current status of building works on land and urban underground.

2. Analysis, assessment of overall planning and urban construction situation according to the approved plan.

3. on the basis of the orientation of space development and technical infrastructure of the municipality has been defined in the General Plan of the town: a) predicts the development needs and the use of the underground space of the town;

b) functional partitioning using subterranean space to build the underground works;

c) identified the limited area, area of underground construction;

d) define the underground transportation system including: location, directions and scale House Metro (if available); the location, the scale tunnel road and the area is expected to build underground car parking;

DD) defining the system yet nen, boasting technique, drains, hot techniques on the main streets to the level region;

e) determine the water supply pipe, drainage levels 1, 2, from 22 KV power transmission lines;

g) define the areas of underground public works construction, works of technical clues;

h) expected technical connections, connect the space;

I) strategic environmental assessment;

k) expected the categories of priority and resources to implement.

4. planning records include: presentation and the relevant legal texts; map the current state of the system works and overall planning the urban underground construction space.

Article 13. Content of detailed planning of underground construction space municipality 1. Analysis, evaluation of natural conditions, geological, hydrogeological work; current state of construction on the ground and underground works; the regulation of overall planning, the planning sector relevant to the planning area.

2. Determine the scope, boundaries, nature, functional use of space for the construction of underground works.

3. Determine the specific location, scale and scope of use of the construction works.

4. Identify in detail the position of technical connections, connect the space works.

5. strategic environmental assessment.

6. the planning profile covers: presentation and the relevant legal texts; map the current state of the map, detailed planning of underground construction space and the drawing describes the cross-section of underground space use which can show details the layout of underground works vertically.

Chapter 3.

CONSTRUCTION of URBAN UNDERGROUND section 1. The UNDERGROUND CONSTRUCTION PERMITS the MUNICIPALITY article 14. General provisions 1. Before the construction of the underground works, the owner must have a building permit, unless a building permit are exempt under the provisions of the law on construction.

2. The license to build the underground works must comply with the relevant provisions in the text to guide construction Law, urban planning Law and the provisions of this Decree.

Article 15. The license to build the underground line works, piping, and drains, hot techniques 1. Records suggest construction license include: a Single licensing proposal);

b) one of the papers about allowing the construction works;

c) agreement on the direction the agency administered local planning if the process has not been defined in urban planning was approved;

d) design drawings expressing location, side by side, cut; depth of field works; the technical connection diagram.

2. the licensing authority: a) the provincial people's Committee organizing the construction license for the construction of lines, underground piping, and drains, hot techniques level I, II;

b) provincial peoples Committee providing building permit for the construction of lines, underground piping, and drain the remaining engineering tank.

3. Application for license and permits to build are specified in annex I and annex II attached to this Decree.

Article 16. The license to build the underground transportation, public works, but nen and works of underground engineering infrastructure clue building permit transportation, public works, but nen and works of underground engineering infrastructure hub in accordance with the provisions of the law on construction.

Article 17. The underground part of the building on the ground 1. When the construction permit on the ground there, part of a building permit to prescribe the scope of underground works, part of the basement, the total depth of the basement and the Department of public works is located below ground.

2. The construction of the underground section works to comply with building permit and other relevant provisions of this Decree.

Section 2. SURVEY DESIGN of UNDERGROUND WORKS, the MUNICIPALITY of Article 18. As for the line works, underground piping, Hao techniques 1. Requirements for survey: a survey) must show the current state of the topography, geology, hydrology and subterranean works, on the ground to serve the work of design, construction;

b) ensure the technical requirements of the survey are set forth in the technical standards for each category of works.

2. Requirements for building design: a) comply with urban planning, urban underground construction space is the approval authority. In case urban planning or planning of the urban underground construction space, they must be approved by the governing body of the local planning;

b) in compliance with the provisions of the technical standards for each type of works;

c) The building design to ensure synchronous pipeline layout, line, cable leads to extra subscribers, downloads, consistent with the technical infrastructure of the municipality and must have operating procedures, using the prescribed maintenance work, suits;

d) design consultant must calculate demand forecasting, use line, pipeline techniques to determine the scale of the engineering trenches or drains the hot line with the plan, the planning of urban development.

Article 19. For transportation, underground public, but nen and works of underground engineering infrastructure clue 1. Requirements for building survey: a) provides a full range of data, documents and specifications of the works and works on the ground we have, the geological works, hydrogeology, the possibility exists of toxic gases of the construction area to determine the scope , depth, choose the appropriate technology to ensure safety for people, works and surrounding buildings;

b) forecasting on geological, hydrogeological works to take measures appropriate to serve the construction design of underground works;

c) ensure environmental hygiene and must repay the premises after completion of the survey mission.

2. Requirements for the work of building design: a) Must match the geological works, hydrogeology;

b) To sync, connect the line with the architectural ensemble of the adjacent buildings, on the ground, with the technical infrastructure of the municipality; secure not affecting the surrounding buildings; combined with the required security, defense when necessary; at the same time must have solutions for the conservation of trees, protect historical monuments, the culture in areas of the building (if available);

c) designed the architectural space organization inside the works (if any) must meet the use and ensure sustainable and landscape requirements, consistent with the historical and cultural characteristics in the area of building construction;

d) designed the lighting system, air conditioning, ventilation, water supply, drainage, power supply, fire escape, fire control system and operating in the mining works must match the type and level of works under the provisions of the law on construction;

DD) ensures waterproofing requirements, corrosion and erosion;

e) ensure favorable usage for disabled, ensure safe and quick escape when there is a problem;

g) operating procedures Are used, the specified maintenance works and must propose the task of monitoring the work of engineering geology.

Category 3. The CONSTRUCTION of URBAN UNDERGROUND WORKS article 20. As for the line works, piping, and drain hot techniques 1. Before the construction works, the owner line works, underground piping, proud engineering must announce the commencement to ward people's Committee, the town is in the area of underground constructions, to examine, supervise the construction process.

2. Building Contractor construction measures designed to guarantee safety for the normal operation of the route the wires, cables, underground works, other famous and ensure traffic safety, hygiene and the environment.

3. The contractor building the line, piping, and drain hot techniques to ensure the safety, quality, progress of construction.

Article 21. For transportation, underground public, but nen and works of underground engineering infrastructure clue 1. Before the construction works of the investor must determine the current state of the existing underground works construction in the region to take measures to handle the suit.

2. The building contractor must execute measures design was the owner or representative of the owner.


3. Ensure the safety for people and buildings, restrictions affecting the normal operation of the municipality, neighboring buildings and above; There are measures to ensure environmental hygiene, especially of pollution of groundwater and geological environment of the town.

4. Planning and preparing projects to remedy the problems that can happen in the construction process as the weak soil, floor: meet the water layer, toxic gas, fire, avalanche, land class, the podium ground to ensure safety for people, vehicles and construction for public works.

5. strict compliance processes, workflow and have regular mode to check security conditions when executing. When experiencing any unusual problems building contractor is responsible to notify the owner and the parties concerned to take measures to handle the suit.

Article 22. Trials, qualifying certification bearing safety and certification of conformity of the quality of underground constructions of the town 1. Urban underground construction works before putting on the harness used must be checked as specified.

2. The organization collecting, testing and certification of qualified safety of underground construction works bearing the municipality must comply with the provisions of the law on construction.

3. The work or construction work items regardless of the type and level of certification of conformity of quality upon request of the State Agency of the local building or as proposed by the owner or owners.

ITEM 4. The UNDERGROUND CABLE LINES, LINE DOWN GO FLOATING in the MUNICIPALITY Article 23. The principle subterranean down lines, cable walk 1. Comply with urban planning, planning of underground construction space, the lower plan and profile design to be approved by the authority.

2. In compliance with the technical standards of the relevant industry.

3. the State encourages the lowering of underground cable lines, floating away in the municipality. Organizations and individuals involved in the underground cable lines, line down go floating in the municipality are supported, investment incentives under the provisions of the current law.

4. The design, construction, renovation and arrangement of lines, underground cables on the streets must meet the requirements: a) ensure safety for people, buildings, adjacent and safe work for technical infrastructure systems are concerned;

b) ensure the connected cable, line system of the municipality;

c) combination used in drains, hot techniques; dime or nen to save on the use of underground space.

5. for the streets was built the drain works, technical or Hao, but the tank should technically not layouts aqueducts on the ground. The provincial people's Committee has the responsibility for issuing regulations on the general use of the sewers, ditches, or engineering tank nen on their technical management.

Article 24. The underground cable lines, lines down walk 1. The underground cable lines down on the city can use one of the following forms: drains, hot techniques; pride and tuynen techniques.

2. construction contractors carried down the underground cable lines, floating away to guarantee safety, quality, progress of works.

3. The owner has the responsibility to coordinate the system's owner, cable lines floating away proceed to revoke the column, line, cable, walk not in use. The governing body of a local building inspection responsibility this revocation.

4. Organizations and individuals harness, use line, cable go on the famous town is responsible for coordination, to participate and to contribute funding to make the submarine cable line, walk under the plan of the provincial people's Committee.

5. the provincial people's Committee is responsible for organizing, directing and planning the implementation of the underground cable lines, go on famous due to her management.

Chapter 4.

CONNECTING ORGANIZATIONS, TECHNICAL MONITORING and MAINTENANCE of UNDERGROUND WORKS ITEM 1. The UNDERGROUND WORKS CONNECTING the MUNICIPALITY of article 25. Engineering connections 1. Engineering connections is the connection between the line works, cable lines, pipeline techniques; and yet nen techniques with each other.

2. Requirements for technical connections: a) fit urban planning or planning of the urban underground construction space was approved by the authority;

b) match the needs of each of the works;

c) ensure synchronous requests;

d) ensure that the technical requirements specified for each category of works.

Article 26. Space connection 1. Connected space is creating the space to connect between the underground construction with surrounding buildings guaranteed for the activities of humans and machines.

2. Requirements for spatial connections.

a) Must match the urban planning or planning of the urban underground construction space is the approval authority. In case urban planning or planning of the urban underground construction space, they must be approved by the governing body of the local planning;

b) ensure safety for people and buildings, surrounding buildings;

c) guarantees convenient when use, exploit and escape when needed.

Article 27. When the connection agreement design of underground construction, the owner of underground construction must have the agreement with the management unit to operate the infrastructure works of the municipality or the owner or the management server using a connected space (if any).

Article 28. Make connections before connecting the work, the owner is responsible for notification of the plans and progress of works connected to the Agency, unit connection agreement to oversee and coordinate implementation.

Section 2. TECHNICAL MONITORING and MAINTENANCE of UNDERGROUND WORKS Article 29. Observation of engineering geology of underground works 1. Transportation, underground public, but nen and works of underground engineering infrastructure clue must be done related work in surveying engineering.

2. Requirements for the work of technical observation: a) technical monitoring must be done according to the rules during the construction and exploitation, use of underground works;

b) technical monitoring includes observations on underground works itself, environmental geology, the surrounding buildings;

c) technical monitoring work done according to the scheme was the owner or management server used for approval;

d) When monitoring has found unusual elements, the building contractor must notify the owner or the management server to use and the design agency to take timely measures.

Article 30. Ask about maintenance of underground works 1. The underground constructions must be maintained according to the provisions of the law on construction.

2. Transportation; public works; but nen, the works of underground engineering clue to perform maintenance mode (regular and recurring).

3. The line works, pipelines and underground engineering to perform periodic maintenance mode.

4. When performing maintenance work, to pay attention to strict check connection system works; the control device for ventilation, lighting, fire prevention and environmental protection (if any).

Article 31. The responsibilities of the bodies involved in the maintenance of underground works 1. The owner or owners of the works use management is responsible for: a) the Organization perform maintenance works;

b) perform maintenance of underground works according to the instructions and regulations of the design contractor, contractors providing supplies, equipment, construction equipment and comply with the standards, the standards;

c) responsible before the law on construction quality degraded due to not perform maintenance of prescribed construction work;

d) periodic report on the work of maintenance and operational situation of the underground works for the State administration of building locally.

2. State Administration about building local institutions responsibility to check periodically or irregularly fulfilling the maintenance work of the owner or owners of the underground structures use management.

Chapter 5.

The ORGANIZATION Made 32. Effect 1. The Decree has effect from the date of May 25, 2010.

2. This Decree replaces Decree No. 41/2007/ND-CP dated 22 March 2007 from the Government on the construction of urban underground.

Article 33. Implementation 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities in the scope of the task, their powers are responsible for implementation of this Decree.

2. The Ministry of construction, in coordination with the ministries concerned have the responsibility to guide, monitor, inspect the enforcement of the Decree.

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