Decree No. 118/2004/ND-CP Amending and Supplementing Certain Provisions of Government Decree No. 54/1999/ND-CP dated July 8, 1999 on the Protection of High Voltage Power Transmission Line Safety

DECREE

Amending and supplementing some articles of Decree No. 54/1999/NĐ-CP

dated July 8, 1999 of the Government on the protection of high-voltage power transmission lines safety

_______________________

 THE GOVERNMENT

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

At the proposal of the Minister of Industry,

 DECREE:

Article 1. Amending and supplementing some articles of Decree No. 54/1999/NĐ-CP dated July 8, 1999 of the Government on the protection of high-voltage power transmission lines safety as follows:

1. Amending and supplementing Point c Clause 1 Article 6 as follows:

"c) Height: Measured from the bottom of the foundation to the top of the pole plus the safe distance vertically specified in the table below:"

“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”

Rights of People's Credit Funds

1. For trees within the protected zone for high-voltage power transmission lines:

a) In cities, towns, and townships:

The distance from the nearest point of the tree to the power line with voltage up to 35 kV when the wire is in a static state must not be less than the distance specified in the following table:

The distance from the nearest point of the tree vertically to the power line with voltage from 66 kV to 500 kV when the wire is in a static state must not be less than the distance specified in the following table:

b) Outside cities, towns, and townships:

The distance from the nearest point of the tree vertically to the power line when the wire is in a static state must not be less than the distance specified in the following table:

c) For fast-growing trees that pose a risk to safety within a short period (such as poplar, bamboo, rattan, teak, and pine) and trees that would lose economic value if topped or pruned (such as coconut, palm, and rubber), they must be cut down to the ground and new planting is prohibited.

2. For trees outside the protected zone for high-voltage power transmission 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 must not be less than the distance specified in the following table:

3. Rice and crops must be planted at least 0.5 meters away from the edge of the pole foundation or anchor foundation."

3. Amending and supplementing Article 8 as follows:

"Article 8.

1. Houses and structures existing within the protected zone for high-voltage power transmission lines up to 220 kV must meet the following conditions:

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

b) Metal roofing and fencing must be grounded according to regulations;

c) They must not obstruct access for inspection and maintenance of power transmission line facilities;

d) The vertical distance from any part of the house or structure to the power line when the wire is in a static state must not be less than the distance specified in the following table:

đ) Power lines crossing over houses and structures must implement measures to enhance electrical and construction safety;

e) Electric field intensity must be less than 5 kV/m; induced current density must be less than 10 mA/m2 or magnetic field strength must be less than 100 μT. Measurement points are specified anywhere within the power line corridor and 1 meter above ground level.

2. For houses and structures built legally before the construction of overhead power 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 these conditions. If renovation cannot be carried out to meet the requirements, the investor of the high-voltage power transmission line project must compensate for relocation of the house or structure according to the law.

3. Owners or users of houses and structures existing within the protected zone for high-voltage power transmission lines may not use the roof or any other part of the house or structure for purposes that violate the distances specified in Point d Clause 1 of this Article and must comply with regulations on the protection of high-voltage power transmission lines during repair or renovation of the house or structure.

4. Before granting permission to organizations or individuals to construct or expand houses or structures within the protected zone for high-voltage power transmission lines, the issuing authority must require the developer of the house or structure to agree in writing with the competent power transmission line management unit on measures to ensure the safety of the high-voltage power transmission lines and safety during construction, expansion, and use of the house or structure.

5. Houses and structures where people live or work regularly are not allowed to exist within the protected zone for high-voltage power transmission lines with voltage of 500 kV or higher, except for specialized facilities serving the operation of such power transmission lines."

4. Amending and supplementing Clause 1 of Article 9 as follows:

"1. It is prohibited to carry out any work within the protected zone for overhead power lines if equipment, tools, or means are used that could violate the safe distances specified in the table in Clause 1 of Article 1 of this Decree. In special cases, due to urgent security or defense needs, prior agreement must be obtained from the power transmission line management unit and necessary safety measures must be implemented."

5. Amending and supplementing Point c Clause 2 Article 10 as follows:

"c) Underground cable sections connected to overhead power lines must be placed in protective conduits from ground level up to 2 meters."

6. Amending and supplementing Article 11 as follows:

"Article 11.

1. When constructing high-voltage power transmission line projects, organizations, households, or individuals whose land or property attached to the land is expropriated or located within the protected zone for high-voltage power transmission lines suffer losses, they shall be compensated and supported according to the law. The investor of the high-voltage power transmission line project has the responsibility to pay compensation and support expenses to the affected organizations, households, and individuals.

2. When the construction project of a high-voltage power transmission line has been approved by the competent state authorities for the construction site, the investor of the high-voltage power transmission line project must notify the organizations, households, and individuals who are the land users, owners of houses, and other properties within the scope of the project. After the announcement of the decision, newly constructed houses, buildings, or growing trees that violate government regulations on the protection of high-voltage power transmission lines will be removed or pruned without compensation or support.

3. House owners or building owners who have the conditions to exist within the protected zone for high-voltage power transmission lines, have received compensation and support according to the law, and wish to relocate outside the protected zone must do so themselves and will not receive additional compensation or support.

4. The Ministry of Finance and the Ministry of Industry have the responsibility to guide compensation and support when constructing high-voltage power transmission line projects."

7. Amend and supplement Point c Clause 1 Article 14 as follows:

"c) The width of the clearance zone shall be measured from the bottom of the deepest foundation of the station building component of the power substation to the highest point within the substation, plus the vertical safety distance specified in the table set forth in Clause 1 Article 1 of this Decree."

8. Amend and supplement Article 19 as follows:

"Article 19. The entity managing and operating the high voltage power grid shall be responsible for:

1. Inspecting the clearance zones within its management scope to promptly detect violations of the Government's regulations on the protection of high voltage power grid safety. Upon detecting a violation, depending on the severity of the violation, it shall notify the violator to immediately cease such violations or report and cooperate with the competent state authorities at the local level to prepare records and handle such violations.

2. Inspecting, maintaining, and servicing the lines in accordance with the prescribed deadlines. It shall not operate lines passing over residential buildings or structures beyond their capacity.

3. Statistically tracking and monitoring violations of the high voltage power grid safety clearance zones within its management scope and reporting to the local government authority responsible for electricity management, and higher-level supervisory bodies as stipulated."

9. Add Article 26a as follows:

"Article 26a.

1. 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 address violations of the Government's Decree on the protection of high voltage power grid safety within their management scope.

2. Based on the situation in each locality, the Ministry of Industry shall provide opinions to the Chairman of the People's Committee of provinces and centrally governed cities to establish a Steering Committee to resolve issues related to the protection of high voltage power grid safety. The composition and operational rules of the Steering Committee shall be decided by the Chairman of the People's Committee of provinces and centrally governed cities."

Article 2. This Decree takes effect fifteen days from the date of publication in the Official Gazette. Previous provisions that conflict with this Decree are hereby abolished.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of central government agencies, Chairmen of the People's Committees of provinces and centrally governed cities, and related organizations and individuals shall be responsible for implementing this Decree.