The DECREE on the construction of urban underground _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law building on November 26, 2003;
Considering the recommendation of the Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree Law enforcement guidelines build on the specific requirements of the urban underground building activities in Vietnam.
2. the underground construction activities of municipalities in Vietnam must comply with the provisions of the construction Law, the provisions of this Decree and guidance documents other related construction Law.
3. This Decree shall apply to the institutions and individuals in the country and abroad have activities related to the construction of urban underground in Vietnam.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "urban underground construction activities" is the activity related to the construction of underground works.
2. "urban underground works" are works built underground in the municipality include technical infrastructure works; traffic engineering; public works underground and the underground part of the building.
3. "public works infrastructure" includes the works of water supply pipelines, power and drainage; line power supply, contact information; trenches, tunnels and technique clues technical infrastructure to be built underground.
4. "transportation" is the traffic server is built below ground.
5. "public works" are works that serves public activities are built below ground.
6. "the Underground Part of the construction works" include the basement (if any) and the Department of public works building is located below ground.
7. "the technique" is the appropriate size conduit for installation of lines, pipeline engineering.
8. "the engineering of tunnel" is the underground tunnel for installation of pipe lines, systems engineering. Factories technically have to ensure the requirements of ventilation, lighting, fire prevention, drainage and has minimal to ensure people can perform the task of installation, repair and maintenance works.
9. "urban underground space" is the space created below the surface to use for the purpose of constructing the urban underground.
10. "the planning of underground construction" is the Organization of space built under the ground to dig, fair use, the effect of underground space to meet the needs of urban development.
Article 3. Regulations on the use of underground space municipality 1. The use of underground space to urban underground construction is determined by the building permit.
2. The use of underground space allows the municipality to build the underground works must be the authorized permit and must comply with the following rules: a) fit the planning urban construction was approved by the authority. The case of underground works not yet determined in the planning, the building must have the agreement of the competent State agencies on planning building after the opinion of the authorities of the State concerned.
b) not exceed just about build or boundaries of land plots have been identified. When there is demand building exceeds just about build or boundaries of land plots have been identified (excluding technical connection of the system line, piping) then must be provincial people's Committee.
c) Are in depth and horizontal distance does not affect the safety, management, exploitation and use of the adjacent buildings, constructions above as well as the works were identified or expected in construction planning.
Article 4. Application of the standard rules, the underground construction standards municipalities 1. The application of the standard rules, the underground construction standards to comply with the provisions on standards and technical standards.
2. The Ministry of construction issued the underground construction standards, building standards for public buildings, infrastructure works.
3. The Ministry has construction management majors based on underground construction standards, issued standard submarine construction majors in his management functions.
Article 5. Support, incentives to invest in construction of underground works of the town 1. The State encourages organizations and individuals involved in the mining business, the public works, transportation and infrastructure works of underground engineering under the appropriate investment form.
2. Organizations and individuals investing in the construction of works set forth in paragraph 1 of this article was to support and facilitate the following incentives: a) Long or land use tax.
b) supported a portion of funding of compensation freed subterranean space, the ground is related to underground works.
c) used the preferential financing.
d) supported investment and investment incentives in accordance with the law on investment.
Article 6. The underground works records the municipality 1. Urban underground construction works done has to be filing under the provisions of the law on archives.
2. State Administration about building local records management responsibilities to design of underground works of the town; provides information on urban underground works for the Organization, individuals in need in accordance with the law.
Article 7. The prohibited acts 1. Underground urban construction in the zone to build; build in high-risk areas about the geological hazard work affecting the safety of the works.
2. Construction of urban underground construction planning wrong, wrong design has been approved by the authority, no building permit or the wrong building permit.
3. Violate the protection of underground works.
4. Join the underground construction activities that do not qualify under the provisions of the law on construction.
5. Violation of the regulations on use and maintenance of underground works.
6. other acts violating the provisions of the law on construction.
Chapter II the PLANNING of UNDERGROUND CONSTRUCTION MUNICIPALITY article 8. General provisions on the underground urban construction planning 1. The planning of underground construction is part of the urban planning and construction was set, appraisal, approval, administered under the provisions of the law on construction planning.
2. Planning of underground construction is approved as the basis for the construction of underground activities in the municipality.
3. building plan for the municipality has a population of over a million people to the planning system of subway train.
4. Planning the construction of the new city, a new municipality, the newly built Street in the old town are planning the tunnel system, boasting technique to install the line works, pipeline engineering. For the former municipality is planning to build the tunnels, trenches techniques to gradually lower the underground line works, pipeline engineering.
5. for the urban type 2 or over had approved construction planning, to conduct additional set construction planning. For the rest of the municipality undertook additional construction plan set implicitly when not to adjust the planned building by the provincial people's Committee to review the decision, according to local needs.
Article 9. The requirements for the planning of underground construction municipality 1. Ensure rational land use, saving and effective.
2. Ensure compatibility and synchronization connection, underground works and safety between the underground works with the works on the ground.
3. Ensure the requirements on the protection of the environment and groundwater.

4. Associated closely with the requirements of security and defence; at the same time ensuring the safety and protection for the work of the security and defense.
Article 10. The content of the planning of underground construction municipality 1. For overall planning for urban construction: a) analysis, evaluation of natural conditions, geological, hydro geological works related to the construction of the subway; the current state of the network construction of underground infrastructure and the use of underground space area of the town.
b) predicts the development needs and the use of underground space.
c) predicts the location of space connection of underground works.
d) predicts the location, the scale of the public works, transportation and infrastructure.
DD) identified the area and restricted area of underground construction.
e) define the scope of protection for the safety of the transportation.
2. for detailed planning of urban construction: a status assessment) analysis of construction of underground works.
b) determine the specific location, the scale of public works, transport and technical infrastructure.
c) locate space connections and connect engineering works.
Article 11. Planning of underground construction records of the town planning of underground construction records is a division of profile construction plan of the town, the additional records section as follows: 1. The drawings: a) for overall planning for urban construction:-map the current state of the construction sector and the use of underground space;
-A map partitioning the area of underground construction.
b) for detailed planning of urban construction:-a map of the current status of underground construction;
-Planning map of underground works construction.
The rate of the map on the compliance with the provisions of the law on urban construction planning.
2. the additional report presentation and legal documents related to the construction of underground works.
Chapter III CONSTRUCTION and MAINTENANCE of UNDERGROUND WORKS of the TOWN article 12. The underground construction license.
1. Before the construction of the underground works, the owner must have the building permit according to regulations. Applying the construction permit and must comply with the relevant legal provisions and the provisions of this Decree.
2. license conditions of underground construction: a) in compliance with the provisions in the text to guide the implementation of the law building.
b) meet the requirements stipulated in paragraph 2 of article 3 of this Decree.
c) guaranteed security for adjacent buildings, constructions and works above, safety for people and the community.
d) ensure requirements for ventilation, lighting, drainage, fire prevention, escape, rescue, rescue and protect the environment.
e) minimize the influence of the underground construction activities for the normal operation of the municipality.
3. the Underground Part of the building was built along with the licensing of construction works and the building permit must be specified: the scope of underground works, part of the basement and the depth of the basement.
4. With respect to public works, civil and underground engineering infrastructure works: a) application for a license to build the underground structures of the town include:-building permit application.
-A copy of the papers on land use or text allows the use of the underground space of the competent State bodies.
-Design drawings show the location, side by side, the cut, the facade of typical; and the depth of the nail works; location or online works; the system diagram and the technical connection points, connected space and snapshot status quo (for repair works, restoration requires a building permit).
-The agreement of technical connections and connect the space.
-The technical solutions related to ensuring safety for people, buildings, works and works on party construction and the media, the other public activities.
-Repayment commitment Paper land on the ground according to the regulations.
b) primary content license to build the underground structures of the town:-location, location of buildings or building works.
-Type of works.
-The boundaries of land plots on the ground.
-The boundaries of underground construction.
-An area of works (except the underground works line).
-The maximum depth and the depth once the basement.
-Location of connect works.
c) building permit for public works, transportation and public works of underground engineering infrastructure according to the form prescribed in annex of this Decree.
d) provincial people's Committee to grant or authorize the Director of the Department of building construction license implicitly local municipalities by themselves.
Article 13. Asked about the urban underground works connections 1. The technical connection between the connection of underground works with the overall infrastructure works of the municipality must ensure the following requirements: a) the location of the technical connections must conform to the building plan.
b) match the needs of individual projects.
c) meet the requirements.
d) ensure that the technical requirements specified for each category of works.
2. Connect the space connecting the space between buildings, underground constructions with works on the ground must meet the following requirements: a) the location of space connection is according to the construction plan.
b) ensure the safety of the works.
c) ensuring convenience when using and escape when needed.
3. connection agreement: When the underground construction design, the owner of underground construction must have agreed with the management unit operating the infrastructure works of the municipality and the owner or Manager to use a connected space (if any).
4. 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.
Article 14. Asked about the survey the urban underground construction 1. Survey of underground construction must provide sufficient data, documentation, specifications of works and 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 adjacent buildings.
2. Survey to clarify the unusual geological, hydrogeological works to take measures appropriate to serve the construction design of underground works.
3. In the process of the construction of underground works, if the contractor detected the unusual elements in comparison with the original survey documents must then conduct additional surveys to take appropriate adjustment measures.
4. Survey urban subterranean construction must ensure environmental sanitation and must repay the premises after completion of the survey mission.
Article 15. Asked about the design of urban underground construction 1. Design of underground construction is subject to building urban planning.
2. design of underground construction is consistent with geological, hydrogeological and these fluctuations can occur.
3. design of underground construction is in sync, connect the line with the architectural ensemble of the adjacent buildings, on the ground and the technical infrastructure of the municipality; secure, does not affect the neighboring constructions, above; combined with the required security, defense when necessary; at the same time to have the green preservation solution, protect historical monuments, the culture in areas of the building (if available).

4. Design of architectural space organization inside the underground works in addition to the requirements on the use and sustainability have to ensure the U.S. requirements, consistent with the historical and cultural characteristics in the area of building construction.
5. Design of the lighting system, air conditioning, ventilation, fire escape, fire control system and exploitation of underground works in operation must match the type and level of works under the provisions of the law on construction.
6. design of underground construction to ensure waterproofing requirements, corrosion and erosion.
7. design of underground works must ensure the use of convenient for disabled people, ensuring safe and quick escape when there is trouble.
8. The design of underground works must have operating procedures used and prescribed maintenance works.
9. The design of underground building construction must propose the task of monitoring the work of engineering geology.
10. The contractor building design of underground works must have the instruction, facilitate construction in accordance with design drawings, and make the work of the author supervision during construction to handle the differences between the actual construction and design projects.
Article 16. Asked about the construction of urban underground works 1. Before the construction of the underground works owner should conduct the probe, 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. The process of the construction of underground works must secure, restricted affect 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. The construction of underground works must have a plan to fix 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. The construction of underground works must comply with stringent processes, workflow and have regular mode check the conditions ensure safe execution, tight control on people, out of underground works throughout the construction process. When experiencing any unusual problems building contractor is responsible to notify the owner and the parties concerned to take measures to handle the suit.
6. Construction of underground works must have railings, signs prescribed for construction works.
7. Public works, underground must be checked and be issued a certificate of conformity of quality construction works before put into use according to the regulations of the law on construction.
8. The Force participated in the construction of underground works are technically trained and equipped safety protective suit construction conditions of each type of underground works.
Article 17. Monitoring requirements engineering geology of underground works of the town 1. Observation of engineering geology must be taken as prescribed during the construction and exploitation of underground works use.
2. technical monitoring includes observations on underground works itself, environmental geology, the works above and adjacent.
3. technical monitoring work done according to the scheme was the owner or management owners use approval.
4. When the observation of unusual elements found there, they must inform the owner or owners of the management, use and design agency knows to have the measure promptly.
Article 18. Urban underground works maintenance 1. The underground works maintenance requirement: a) perform regular maintenance and periodic maintenance for the public works and transportation; perform periodic maintenance mode for the construction of underground infrastructure.
b) when performing maintenance work, to pay attention to strict check connection system works; the control device for ventilation, lighting, fire prevention and environmental protection.
2. The responsibilities of the bodies involved in the maintenance of underground works: a) the Agency, organization, technical design of underground public works and transportation implicitly to assess maintenance of underground works.
b) the owner or the Manager, use of works is responsible for:-implementation of maintenance works.
-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.
-Responsible before the law on construction quality degraded due to not perform maintenance of construction works as specified.
-Periodic reports on the work of maintenance and operational situation of the underground works for the State administration of building locally.
c) State Administration about building local institutions responsibility to periodically check or unscheduled maintenance woes implementation of server management, use of underground works.
Chapter IV IMPLEMENTATION article 19. Responsible for the governance of urban underground construction 1. The Ministry of construction is responsible before the unity Government to manage state on the underground urban construction nationwide. The Ministry has the management of specialized construction works in collaboration with the Ministry of construction in the management of the construction of underground works in urban areas.
2. the people's committees of all levels have the responsibility to manage state on the underground building at the municipality within its administrative boundaries.
Article 20. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 21. 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. Construction Minister chaired, in coordination with the ministries concerned have the responsibility to guide, monitor, inspect the enforcement of the Decree.