DECREE NO. 106/2005/NĐ-CP PROVIDING DETAILS AND GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE ELECTRIC POWER LAW ON THE PROTECTION OF HIGH-VOLTAGE POWER TRANSMISSION LINE CONSTRUCTION PROJECTS

DECREE

Regulations on Detailed Provisions and Guidance for Implementation of Certain Articles of the Electricity Law

concerning the protection of high-voltage power transmission line facilities

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Electricity Law dated December 3, 2004;

At the proposal of the Minister of Industry,

DECREE:

Article 1. Scope of application

1. This Decree provides detailed provisions and guidance for implementation of certain articles of the Electricity Law concerning the protection of high-voltage power transmission line facilities.

2. High-voltage power transmission line facilities include high-voltage power transmission lines and safety protection zones for such lines. A high-voltage power transmission line is a line with a nominal voltage of 1,000 volts or higher.

Article 2. Construction of high-voltage power transmission line facilities

1. After the project plan for high-voltage power transmission line facilities has been approved by the competent state agency for land use planning, the investor must notify in writing within fifteen days the People's Committee of the locality, organizations, households, individuals who are users of land, owners of buildings and other assets located within the safety protection zone of the high-voltage power transmission line facilities. Compensation and support for land, assets on land, and other support for persons currently using the land during construction shall be carried out in accordance with the laws on compensation, support, and resettlement. Any property or structure established after receiving the project implementation notice that violates the safety protection zone as stipulated in this Decree shall be compulsorily demolished and will not be compensated or supported.

2. Investors constructing high-voltage power transmission line facilities must comply with Clause 2 and Clause 3 of Article 49 of the Electricity Law and the relevant laws on construction.

In cases where it is necessary to construct overhead power lines through important works related to politics, economy, culture, security, defense, telecommunications, places frequently gathering large crowds, historical and cultural relics, scenic spots ranked by the State, the following conditions must be met:

a) The section of overhead power lines crossing these works and locations must enhance electrical and construction safety measures.

b) The distance from the lowest point of the overhead conductor in its maximum sag to natural ground shall not be less than the provisions set forth in the table below:

3. The underground cable section connecting to the overhead conductor starting from two meters above ground level must be placed in protective tubing.

4. Upon completion of the construction of high-voltage power transmission line facilities, the investor must immediately notify the People's Committee of the province or centrally administered city where the facility is located to coordinate management.

Article 3. Safe discharge distance according to voltage level

1. The safe discharge distance according to voltage level as prescribed in Clause 1 of Article 51 of the Electricity Law is specified in the table below:

2. The safe discharge distance according to voltage level as prescribed in Clause 4 of Article 51 of the Electricity Law is the minimum distance from the conductor to the nearest point of equipment, tools, or working means within the safety protection zone of high-voltage power transmission line facilities and is specified in the table below:

3. The safe discharge distance according to voltage level as prescribed in Clauses 5, 6, and 7 of Article 51 of the Electricity Law is the minimum distance from the conductor when the conductor is at its maximum sag to the highest point of the object being protected and is specified in the table below:

Article 4. Safety protection zone for overhead power lines

1. The safety protection zone for overhead power lines is a space along the line and is limited as follows:

a) The length of the zone is measured from the position of the line leaving the boundary of the substation protection area to the position of the line entering the boundary of the next substation protection area;

b) The width of the zone is limited by two vertical planes on both sides of the line, parallel to the line, with a distance from the outermost conductor to each side when the conductor is in static condition as specified in the table below:

c) The height of the zone is measured from the bottom of the pole foundation to the highest point of the structure plus the vertical safe distance as specified in the table below:

2. The safety protection zone for cables laid on the ground or suspended in the air is a space along the cable and is limited on all sides by 0.5 m from the outer surface of the outermost cable.

Article 5. Trees inside and outside the safety protection zone for overhead power lines

1. For trees within the safety protection zone of overhead power lines, the distances are regulated as follows:

a) For overhead power lines up to 35 kV in cities, towns, and townships, the distance from any point of the tree to the conductor in its static condition shall not be less than the distance specified in the table below:

b) For overhead power lines from 66 kV to 500 kV in cities, towns, and townships, the tree shall not be taller than the lowest conductor except in special cases where technical measures ensuring safety are taken and approved by the People's Committee of the province or centrally administered city. The distance from any point of the tree to the conductor in its static condition shall not be less than the distance specified in the table below:

c) For overhead power lines outside cities, towns, and townships, the distance from the highest point of the tree vertically to the height of the lowest conductor in its static condition shall not be less than the distance specified in the table below:

 2. For trees outside the safety protection zone of overhead power lines and outside cities, towns, and townships, the distance from any part of the tree when it falls to any part of the power line shall not be less than the distance specified in the table below:

3. For fast-growing trees with a short-term risk of causing safety hazards and those trees which, if topped or pruned, would no longer be economically viable, they must be removed and new planting is prohibited.

4. Rice, flowers, and crops shall be planted at least 0.5 meters away from the edge of the foundation of the pole or anchor.

Article 6. Residential buildings and structures within the protection zone of overhead power transmission lines

1. Conditions for residential buildings and structures to exist within the safety protection zone of high-voltage power transmission lines up to 220 kV:

a) The roof covering and surrounding walls must be made of non-combustible materials;

b) The roof covering, metal frame, and surrounding walls made of metal must be grounded in accordance with technical grounding regulations;

c) They must not obstruct access routes for inspection, maintenance, and replacement of parts of high-voltage power transmission lines;

d) The distance from any part of the residential building or structure to the nearest conductor when it is in a static state must not be less than the distance specified in the following table:

đ) Electric field intensity ≤ 5 kV/m at any point outside the building one meter above ground level and ≤ 1 kV/m at any point inside the building one meter above ground level.

2. For residential buildings and structures legally constructed before the construction of overhead power transmission lines if they do not meet the conditions stipulated in Clause 1 of this Article, the investor of the high-voltage power transmission line project shall bear the costs and organize the renovation to satisfy those conditions. In cases where only part of the building or structure is demolished but the remaining part still exists, can be used, and meets the conditions stipulated in Clause 1 of this Article, compensation shall be provided for the value of the demolished part of the building or structure and the cost of completing the renovation according to the equivalent technical standards of the building or structure before demolition. The investor of the high-voltage power transmission line project shall be responsible for paying compensation for that demolished part. If it is impossible to renovate to meet the aforementioned conditions and demolition or relocation is required, compensation for the building or structure and support for relocation in accordance with the law on compensation, assistance, and resettlement shall be provided.

Article 7. Safety Protection Zone for Underground Power Cable Lines

The safety protection zone for underground power cable lines is limited as follows:

1. The length of the protection zone is measured from the position where the cable exits the boundary of the protection area of this substation to the position where it enters the boundary of the protection area of the next substation.

2. The width of the protection zone is limited by:

a) The outer surface of the trench for cables placed in a trench;

b) Two vertical faces located at a distance from the outer surface of the cable sheath or the outermost cable strand on both sides of the underground power cable line for cables directly laid in the ground or water, as specified in the following table:

3. Height is measured from the ground or water surface to:

a) The outer surface of the bottom of the trench for cables placed in a trench;

b) A depth 1.5 meters lower than the lowest point of the cable sheath for cables directly laid in the ground or in water.

Article 8. Safety Protection Zone for Substations

1. The safety protection zone for substations is the space surrounding the substation and is limited as follows:

a) For substations without surrounding walls or fences, the safety protection zone for substations is limited by the space surrounding the substation with a distance to the nearest live parts of the substation as specified in the following table:

b) For substations surrounded by walls or fixed fences, the width of the safety protection zone is limited to the outer surface of the wall or fence; the height of the safety protection zone is measured from the deepest foundation base of the substation structure to the highest point of the substation plus the vertical safe distance specified in Point c Clause 1 of Article 4 of this Decree.

2. Buildings and structures constructed near the safety protection zone of substations must ensure that they do not damage any part of the substation; do not encroach upon the access routes to the substation; the drainage system of the substation, the safety protection zone for underground power cable lines, and overhead power transmission lines; do not obstruct the ventilation system of the substation; and do not allow wastewater to enter and damage electrical facilities.

Article 9. Signage and Signals

1. The management unit of high-voltage power transmission lines must install prohibition signs and warning signs in accordance with current regulations and standards.

2. Power poles must be painted white and red from a height of 50 meters upwards and must have signal lights installed at the top of the pole in the following cases:

a) Poles that are 80 meters or higher;

b) Poles that are more than 50 meters but less than 80 meters in height and located in positions with special requirements.

3. In cases where high-voltage power transmission lines are within 8,000 meters of the nearest runway of an airport, painting and installing warning signals must comply with the regulations of the national authority responsible for aviation.

 4. Along underground power cable lines in the ground, the project owner must set up markers or signs.

Article 10. Management and Operation of High-Voltage Power Transmission Lines

1. The management and operation unit of high-voltage power transmission lines has the responsibility to:

a) Inspect the safety protection zones of high-voltage power transmission lines within their management scope to promptly identify violations of regulations concerning the protection of high-voltage power transmission lines. Upon discovering violations, they must require violators to immediately cease such actions and report and cooperate with local authorities with jurisdiction to prepare records and handle these violations;

b) Inspect, maintain, and repair power lines according to the prescribed deadlines. Do not overload power lines passing over residential buildings and structures;

c) Statistically track violations of the safety protection zones of high-voltage power transmission lines within their management scope and report to the local government's electricity management agency and superior agencies as prescribed.

2. Managers and repairers of power grids must comply with regulations on ensuring safety according to technical safety standards.

3. Pruning trees to ensure the safety of high-voltage power transmission lines shall be organized by the management unit of the high-voltage power transmission line and must notify the management unit or the owner of the trees five working days in advance.

4. In cases where it is necessary to cut down trees to address emergencies, the management unit of the high-voltage power transmission line must immediately inform the number of trees to be cut and compensate the tree owners. If it is not possible to notify the tree owners, the management unit must inform the People's Committee of the commune where the trees are located before cutting them down.

5. It is strictly prohibited to take advantage of the maintenance or repair of high-voltage power transmission line projects to arbitrarily cut down trees.

6. The entity managing the high-voltage power transmission line project must notify organizations or individuals using land where underground cables or overhead power lines pass through three days prior to carrying out regular repairs; in case of urgent repairs due to accidents, notification must be made before the work begins. If it is not possible to make such notifications, the entity must inform the People's Committee of the commune where the work will be carried out beforehand. After inspection and repair, the entity managing the high-voltage power transmission line project must restore the site to its original condition.

7. Organizations or individuals using land where underground cables or overhead power lines pass through have the responsibility to facilitate the entity managing the high-voltage power transmission line project in conducting inspections or repairs on the facilities.

Article 11. Prohibited acts

1. Entering substations, dismantling or climbing parts of the high-voltage power transmission line project without a designated task.

2. Stealing, throwing, shooting at, or damaging parts of the high-voltage power transmission line project.

3. Using the high-voltage power transmission line project for purposes other than those agreed upon with the entity managing the high-voltage power transmission line project.

4. Flying kites or objects near the high-voltage power transmission line project; releasing any object that could cause damage to the high-voltage power transmission line project.

5. Installing antennas, clotheslines, scaffolding, signs, advertising lights, and other items in positions where they may fall and come into contact with the high-voltage power transmission line project.

6. Planting trees or allowing tree branches or vines to violate safety distances from overhead power lines or substations; allowing trees to fall onto power lines during clearance operations.

7. Shooting birds resting on power lines or substations; throwing or shooting any object onto power lines or substations; dismantling guy wires, grounding wires, and other accessories of poles; digging soil causing subsidence of the high-voltage power transmission line project; piling soil violating safety distances; using poles or substations for housing, tents, shops, tying cattle, buffalo, or other livestock.

8. Blasting, mining, storing flammable and explosive materials, chemicals that corrode parts of the high-voltage power transmission line project; burning fields, using construction equipment causing strong vibrations or damage to the high-voltage power transmission line project.

9. Aircraft flying within 100 meters of the nearest part of the high-voltage power transmission line project, except when aircraft are performing management, maintenance, or repair tasks on power lines according to regulations of the Ministry of Industry.

10. Other acts violating regulations on protecting the safety of the high-voltage power transmission line project.

Article 12. Responsibilities for protecting the safety of the high-voltage power transmission line project

1. When discovering the high-voltage power transmission line project being violated, destroyed, burned, or experiencing serious accidents, the entity managing the high-voltage power transmission line project, local People's Committees, police, and military forces stationed in the area shall cooperate promptly to mitigate losses and return the project to operation.

2. The Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for directing relevant agencies to inspect, prevent, and promptly handle violations of regulations on protecting the safety of the high-voltage power transmission line project within their jurisdiction.

3. Based on the situation in each locality, the Chairman of the People's Committee of provinces and centrally governed cities shall establish a Provincial Steering Committee to address issues related to the protection of the safety of the high-voltage power transmission line project. The composition and operational rules of the Steering Committee shall be decided by the Chairman of the People's Committee of the province or centrally governed city.

Article 13. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 54/1999/NĐ-CP dated July 8, 1999, on the protection of the safety of high-voltage power transmission lines and Government Decree No. 118/2004/NĐ-CP dated May 10, 2004, on amending and supplementing certain provisions of Government Decree No. 54/1999/NĐ-CP dated July 8, 1999, on the protection of the safety of high-voltage power transmission lines.

Article 14. Responsibility for Implementation

1. The Minister of Industry is responsible for monitoring, inspecting, and guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.