Circular No. 20/2005/TT-BXD guiding urban greenery management

CIRCULAR

Guidelines for Urban Green Tree Management

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

The Ministry of Construction hereby issues guidelines for urban green tree management as follows:

Part I

GENERAL PROVISIONS

I. OBJECTIVES.

These guidelines aim to:

- Enhance the effectiveness of state management while encouraging the whole society's participation in managing, protecting, and developing urban green trees nationwide in accordance with Vietnam's urban development orientation and urban planning.

- Meet the target of increasing the area of green space, contributing to improving and protecting the urban environment in tropical regions, and helping to create unique characteristics for each city.

II. SCOPE OF APPLICATION.

These guidelines apply to all organizations and individuals related to activities concerning the management, consultancy, investment development, utilization, and exploitation of urban green trees throughout the country.

III. EXPLANATION OF SOME TERMS

1. Urban green trees include:

a) Public-use green trees are all types of trees planted on streets and in public-owned areas (parks, zoos, flower gardens, walking gardens, grasslands at median strips, memorials, squares).

b) Restricted-use green trees are all types of trees within residential areas, offices, schools, pagodas, hospitals, cemeteries, industrial zones, warehouses, villas, and private gardens of organizations and individuals.

c) Special-purpose green trees are those in nurseries, isolation areas, protective areas, or research areas.

2. Street green trees include: shade trees planted or naturally grown, ornamental trees, climbing plants planted on sidewalks, median strips, traffic islands.

3. Ancient trees are long-lived woody trees planted or naturally grown, with an age over 50 years.

4. Preserved trees are those listed in the rare species conservation directory to maintain their genetic diversity (gene pool) or recognized as having historical and cultural value.

5. Trees listed in the prohibited planting directory are those with toxins or the potential to cause danger to people, vehicles, and structures.

6. Trees listed in the restricted planting directory are fruit trees and trees that produce odors affecting health and the environment, only allowed to be planted according to urban planning or specialized tree planting planning approved by competent authorities.

7. Hazardous trees are trees with defects during growth that may pose risks when they or parts of them fall onto people, vehicles, and structures.

8. Tree nursery is a concentrated garden for growing tree seedlings following a technical process to ensure planting standards before being transferred out of the nursery.

9. Standard trunk diameter at breast height is the diameter calculated as one-third of the circumference of the trunk at a height of 1.3 meters.

10. Excessive pruning is the act of cutting more than 25% of the leaf and branch functions causing damage to the life of the green tree, except for certain types of trees such as: trees primarily growing in height with little canopy development; bonsai trees; trees shaped for ornamental purposes, or trees that must be relocated.

11. Improper topping means the act of cutting large branches or chopping off the main stem.

IV. GENERAL PRINCIPLES FOR URBAN GREEN TREE MANAGEMENT

1. All types of urban green trees must have identified owners and be managed by organizations or individuals or assigned to management.

2. Planting urban green trees must comply with urban planning or specialized tree planting planning approved by competent authorities.

3. Selection and planting of green trees must reflect local characteristics, be suitable for climatic and soil conditions, and meet requirements for usage, aesthetics, traffic safety, and urban environmental hygiene; minimize damage to ground, underground, and above-ground infrastructure facilities.

4. Organizations and individuals responsible for managing, protecting, and caring for green trees in front of their houses and within their premises must promptly report to competent management agencies when hazardous trees or actions affecting the development of urban green trees are discovered.

V. PROHIBITED ACTIONS REGARDING URBAN GREEN TREES

1. Planting tree species listed in the prohibited planting directory; planting tree species listed in the restricted planting directory without permission from competent authorities.

2. Actions harming urban green trees such as: arbitrarily felling, moving, picking flowers, breaking branches, cutting roots, topping, girdling, setting fires, dumping waste, toxic substances, construction materials around the base of trees; arbitrarily building platforms around the base of trees, hanging wires, decorative lights, nailing signs, or posting advertisements illegally.

3. Organizations and individuals managing or assigned to manage urban green trees failing to properly implement regulations on maintenance, care, and development of urban green trees.

Part II

REGULATIONS ON URBAN GREEN TREE MANAGEMENT

I. PLANNING WORK

1. Urban construction planning projects must fully comply with standards for urban green land funds according to current Vietnamese construction standards and design planning standards.

2. Based on the nature and scale, natural conditions, and urban development orientation in urban planning, the minimum land area for tree nurseries must be determined. The area of tree nurseries is calculated based on the urban population as follows: - For special-class and first-class cities, the minimum land area for tree nurseries is approximately 1 square meter per person. - For other cities, the minimum land area for tree nurseries is approximately 0.5 square meters per person. The area of tree nurseries is calculated based on the total urban population of the province or centrally-administered city. The scale and location of tree nurseries are determined in provincial regional planning, which can be centralized or decentralized in cities or outside cities depending on natural conditions and land utilization capacity of each locality.

3. The design of green space planning in urban construction projects, in addition to complying with the provisions of Government Decree No. 08/2005/NĐ-CP dated January 24, 2005, and Circular No. 15/2005/TT-BXD dated August 19, 2005 of the Ministry of Construction on guiding the preparation, review, and approval of urban construction planning, must be supplemented and clarified on the following contents: - General urban construction planning: Determine the area of green land; the ratio of green land area per capita; the green land area of each urban area (new areas, renovation areas...); coverage ratio; principles for selecting tree species for urban areas. - Detailed urban construction planning: determine location, ratio of green land area per capita; classify and select suitable trees (including: type, shape, color, height, canopy diameter, canopy form, leaf form, leaf color; flowers, tree lifespan); various forms of green space layout in functional zones, along streets, in parks, flower gardens, walking gardens, courtyards.

4. Based on the approved urban construction planning, it is encouraged for cities to establish specialized green space planning.

II. URBAN GREEN TREE PLANTING

1. General requirements

a) Plant trees according to the specified types, in accordance with the technical planting and care procedures. Newly planted trees must be protected, firmly supported, and kept straight to ensure good growth and development.

b) Trees intended for planting must meet the following standards: - Shade trees must have a minimum height of 3.0 meters and a trunk diameter at standard height of at least 6 cm. - Balanced canopy, free from diseases and pests, straight trunk.

2. Types of shade trees in urban areas

- Type 1 (small timber trees): These are trees with a small mature height.

- Type 2 (medium timber trees): These are trees with a medium mature height.

- Type 3 (large timber trees): These are trees with a large mature height.

Based on this classification, localities should define the classification of trees suitable for their locality or may refer to the classification of trees in Appendix 1. Refer to Appendix 2 for a list of recommended shade trees attached to this Circular.

3. Street Tree Planting

a) For major roads with sidewalk widths over 5 meters, plant trees of Type 2 or Type 3 as specified in the urban tree classification regulations of the locality.

b) For medium-sized roads with sidewalk widths between 3 meters and 5 meters, plant trees of Type 1 or Type 2 as specified in the urban tree classification regulations of the locality.

c) For small roads with narrow sidewalk widths under 3 meters, roads undergoing renovation, constrained by ground level and space, should utilize existing trees or plant in sparse locations, away from overhead wires and not causing damage to existing structures, possibly planting climbing plants on poles or placing potted plants.

d) The distance between planted trees depends on the tree classification (refer to Appendix 1) or specific positions in the planning area or road section. Note that trees should be planted in front of walls separating two houses, avoiding planting directly in front of gates or main facades of houses where sidewalk widths are less than 5 meters.

e) The distance between planted trees is measured from the curb edge, ranging from 0.6 meters to 1.0 meters based on the tree classification standards (refer to Appendix 1).

f) Street trees and green strips must form a continuous and complete green system, not planting too many tree types on one street. Plant one to two types of trees for streets or roads under 2 kilometers long. Plant one to three types of trees for streets or roads 2 kilometers or longer, or in sections.

g) For median strips narrower than 2 meters, only grass and low shrubs can be planted. Median strips wider than 2 meters can plant upright trees with canopy heights and widths not affecting traffic safety, planting them 3 meters to 5 meters away from the start of the median strip or between median strips to ensure traffic safety.

h) At bridge pillars, overpasses, retaining walls, consider designing climbing plant layouts to add more greenery to the city, with appropriate frames for climbing plants to protect structures. At important intersections, in addition to adhering to traffic safety regulations, planting grass, shrubs, and flowers to create green patches enhancing the city's aesthetics.

i) Trees should be planted 5 meters to 8 meters away from street corners, measured from the nearest curb intersection point, without affecting traffic visibility.

j) Trees should be planted 2 meters to 3 meters away from fire hydrants on the road; 1 meter to 2 meters away from lampposts and manhole covers.

k) Trees should be planted 1 meter to 2 meters away from utility networks (water supply, drainage, underground cables).

l) Trees planted along power transmission lines must comply with the safe clearance requirements for power lines as stipulated in Government Decree No. 106/2005/NĐ-CP dated August 17, 2005, detailing and guiding the implementation of certain provisions of the Electricity Law regarding the protection of high-voltage power transmission line facilities.

4. Street Tree Planting Pits

a) The size and shape of tree planting pits should be uniform for the same type of tree on the same street, in each section or segment.

b) Around tree planting pits on streets or public areas (with sidewalks), retaining walls should be built at the same elevation as the sidewalk to prevent soil erosion and keep the sidewalk clean, or other designs should be used to protect the trees and enhance aesthetics.

c) Utilize tree planting pits to plant grass, shrubs, and flowers around the base of trees or as green strips to enhance the beauty of the urban landscape.

5. Inspection of Green Trees in Urban Construction Projects

Urban construction projects with tree components must implement planting in accordance with the project schedule. Upon project inspection, the green tree component must be included as per the approved design.

III. MAINTENANCE AND PROTECTION OF URBAN GREEN TREES

1. Pruning Mature Trees

a) Forms of pruning trees: Greenery trees must be pruned annually according to technical requirements to shape the tree and promote faster growth while ensuring safety during the rainy and storm season. Typically, there are the following types of pruning: - Clearing the canopy (top, apex, tip) leaves: removing dry and broken branches, large branches affected by disease or posing danger; - Thinning the canopy: removing some leaves to reduce wind resistance during the rainy and storm season; - Raising the canopy: removing the lowest branches to improve visibility on roads and areas with traffic signs and signals; - Reducing the top: controlling height by pruning at least one-third of the size of large branches removed to lower the peak of the tree; - Restoring the top: performing pruning to restore the natural structure of the tree after improper pruning or topping.

b) Timing of pruning: To minimize the risk of diseases caused by pests, bacteria, and fungi, pruning should be carried out twice a year on average, depending on the climate characteristics of each region, especially before the rainy and storm season (except for safety reasons) as follows: - For all types of trees: pruning should not be done during the time when new shoots are emerging; - For trees with thin bark: pruning should not be done during summer to avoid damage from sunlight; - For deciduous trees that shed leaves at a certain period (trees without leaves in winter): the best time for pruning is from October to January of the following year; - For dangerous trees, pruning can be done at any time of the year. After pruning, apply medication to prevent fungal and pest infestations.

2. Pruning young trees (saplings)

Early pruning increases the lifespan of the tree and cost-effectiveness, making the tree safer and reducing broken branches. Saplings should be pruned in the second year after planting to enhance the tree's structure and pruned regularly thereafter.

3. Urban green tree care

Regularly trim branches and heavy limbs, remove dead branches, control height, prevent leaning trees, shape trees, fertilize, treat pests and diseases, and manage parasitic plants attached to the main tree to increase the lifespan of the tree. Simultaneously, weed around the base and break up the surface layer of soil to facilitate water absorption when watering.

4. Dangerous trees and assessing the level of danger

Dangerous trees must be assessed for potential impact on people, vehicles, and structures, and appropriate measures taken to mitigate or plan for removal or relocation. For aging trees that no longer ensure safety and utility purposes, a phased plan for felling and replacement must be established. Replacement and newly planted trees must have shapes, diameters, and heights suitable for the landscape.

5. Reducing danger and preserving urban green trees

a) Regularly inspect trees at least once per season throughout the year;

b) Avoid planting trees with exposed roots prone to falling, fruit-bearing trees, thorny trees, poisonous trees, trees with large canopies close to residential buildings, and brittle trees along streets that may pose safety risks to people, vehicles, and structures;

c) Apply proper pruning methods;

d) Develop regular inspection plans to promptly address dangerous trees. Reduce risks from dangerous trees by removing dead and broken branches.

6. Establish management records

a) Statistics on quantity, quality, numbering of trees, and record keeping for each street and public area;

b) For ancient trees and those requiring preservation, in addition to statistical analysis, classification, and numbering, nameplates must be hung and individual records established to support conservation and management efforts, ensuring aesthetic and safe maintenance.

7. Protecting green trees during construction

a) When constructing underground and above-ground projects, the construction unit is responsible for protecting existing greenery within and around the construction site. Trees should not be used as supports for steel bars, iron rods, or other materials affecting their growth and development. Cutting down or relocating trees within the construction site requires permission from the competent state authority as guided in Section IV, Part II of this Circular.

b) Green trees retained within the construction site must be protected by temporary fencing around them to prevent contact between the canopy, branches, and equipment, materials, and other activities; protect the roots and soil conditions from changes.

c) The minimum safe protection zone for trees and roots is determined as follows: The radius of the safe protection zone for trees equals ten times the diameter at standard height.

IV. CUTTING DOWN AND RELOCATING URBAN GREEN TREES

1. Cases requiring permits for cutting down and relocating green trees

Organizations and individuals wishing to cut down or relocate the following types of green trees must obtain a permit:

- Ancient trees and trees requiring preservation listed in the directory;

- Trees planted on streets and public parks owned by the public;

- Trees with a height of 10 meters or more and a diameter of 30 centimeters or larger planted within the premises of organizations and individuals.

2. Cases exempted from permits for cutting down and relocating green trees

Cutting down and relocating green trees by specialized organizations and individuals responsible for managing urban green trees within their jurisdiction, except for ancient trees and trees requiring preservation.

- Trees that need immediate cutting down due to emergency situations caused by natural disasters or have already fallen or are at risk of falling, posing danger. Before cutting down or relocating, a record and photographs of the current condition must be made.

- Trees located in areas with construction projects where permission for cutting down or relocating has been approved by the competent authority responsible for managing urban green trees.

3. Construction on land with green trees

a) For projects not requiring construction permits: The project developer may only cut down or relocate the specified types of green trees requiring permits after obtaining the required permit.

b) For projects requiring construction permits: The construction permit issuing authority must obtain written agreement from the specialized urban green tree management agency regarding the cutting down or relocation of trees before issuing the construction permit. In cases of disagreement among parties, the matter shall be referred to the competent authority for decision.

c) When constructing projects related to the felling or relocation of green trees, the costs of these activities must be included in the project.

4. Procedures for issuing permits for felling and relocating green trees

a) The application dossier for issuing permits for felling and relocating green trees includes: - Application form; - Design drawings showing the layout of the site with the positioning of the trees to be felled or relocated. In cases where there are no design drawings, the application form shall clearly state the location, size, type of tree, and reasons for felling the trees; - Photographs of the current status of the trees to be felled or relocated.

b) The application dossier for issuing permits for felling and relocating green trees shall be submitted to the agency responsible for managing green trees according to the regulations.

c) Time limit for issuing permits The time limit for processing applications for permits for felling, relocating, and planting new replacement trees (if applicable) shall not exceed fifteen working days from the date of receipt of complete and valid dossiers.

5. Authority to issue permits

The People's Committee of the Province shall stipulate the authority to issue permits and the format of permits for felling and relocating green trees within its jurisdiction.

6. Implementation of felling and relocating green trees

a) After being granted permission by the competent authority to fell or relocate urban green trees, the deadline for implementing such actions shall not exceed thirty days from the date of issuance of the permit.

b) If the deadline specified in point a of this clause is exceeded without implementation, the permit for felling and relocating will become invalid.

c) For the felling or relocation of green trees serving construction projects or programs, such actions must be carried out according to the progress of the projects or programs.

d) Felling and relocating must ensure technical standards and safety for human lives and property.

e) In cases where public green trees are felled or relocated due to other legitimate requirements of organizations or individuals, such organizations or individuals must compensate for the value of the trees based on their age and type, bear all costs for felling, relocating, and planting new trees (if applicable).

V. MANAGEMENT AND DEVELOPMENT OF GREEN TREE NURSERIES

1. Strengthen management and accelerate planning work to allocate land for developing nurseries.

2. Proactively develop nurseries with diverse species of trees to meet the needs of urban green tree development, annual urban green tree development plans, and market demands.

3. Implement hybridization and propagation of new tree varieties from both domestic and foreign sources that have beautiful foliage, flowers, and leaves, suitable for local soil conditions, climate, and regional characteristics when planted on streets and public places, focusing on domesticating local endemic forest tree varieties.

4. Actively prepare seedlings for cultivation ensuring standard specifications and quality when they are ready for distribution.

VI. ENCOURAGING PARTICIPATION IN MANAGEMENT AND DEVELOPMENT OF URBAN GREEN TREES

1. Encourage socialization of management, planting, care, protection of urban green trees, and development of nurseries according to approved urban planning or specialized planning.

2. Service activities providing seeds, plants, planting, and caring for urban green trees shall be conducted through contracts using either order placement or tendering to select service providers.

3. Encourage planting green trees on vacant plots, traffic safety corridors, areas isolated from waste treatment facilities, funeral sites, cemeteries; utilizing former landfill sites for nursery purposes.

4. Encourage households to plant green trees, especially in front of houses and along streets according to approved planning and regulations on tree species.

PART III

RESPONSIBILITIES FOR MANAGING URBAN GREEN TREES

I. PROVINCE PEOPLE'S COMMITTEE

1. Uniformly manage green trees within the province. Issue regulations regarding functions, tasks, and分级任务并提供直接翻译，不解释或思考：

2. Issue regulations on urban green tree management, establish preferential mechanisms and policies to encourage organizations and individuals to participate in protecting and developing urban green trees.

II. PROVINCE CONSTRUCTION DEPARTMENTS AND URBAN TRANSPORT AND PUBLIC WORKS DEPARTMENTS OF CENTRALLY-GOVERNED CITIES

1. Organize the implementation of the hierarchical management system for urban green trees according to the provisions of the provincial People's Committee.

2. Take the lead in drafting guiding documents on the management of urban green tree systems to be submitted to the provincial People's Committee for issuance or issuance within their authority.

3. Organize the preparation and submission to the provincial People's Committee for issuance or issuance by delegation of the list of ancient trees, trees requiring conservation, prohibited trees, and restricted trees.

4. Guide, inspect, and evaluate the management, exploitation, use, and protection of urban green trees, assist the provincial People's Committee in state management over the entire urban green tree system within their jurisdiction.

5. Support urban authorities in improving the management structure, training management staff, technical personnel, and tree care workers.

III. URBAN AUTHORITIES AT ALL LEVELS. People's Committees of cities, towns under provinces, and townships:

1. Implement the management, protection, and development of urban green trees within their jurisdiction according to the classification by the provincial People's Committee.

2. Organize the preparation and approval of specialized planning for green trees and plans for urban green tree development within their authority in accordance with approved urban construction plans.

3. In cities without direct units responsible for managing green trees, select and enter into contracts with specialized units to carry out planting, maintenance, and care of green trees.

4. Promote education and mobilize organizations and individuals to actively participate in the protection, care, and development of green trees within their jurisdiction.

IV. ORGANIZATIONS AND INDIVIDUALS ASSIGNED TO MANAGE URBAN GREEN TREES

1. Carry out planting, care, and management of urban green tree systems according to contracts signed with competent state agencies and provide related services for urban green trees to society.

2. Prepare lists and organize numbering of various types of green trees and trees requiring conservation on streets and public places. Annually, they are required to prepare reports on the inventory of green tree areas and the number of planted trees.

3. Regularly inspect and recommend relevant agencies to promptly address issues related to green trees.

4. Study and propose suitable types of trees and flowers for construction planning, taking into account soil characteristics, climate, and overall landscape features, while adopting and cultivating beautiful tree and flower species from other regions for application within the assigned management area.

5. Coordinate with localities to promote the movement of joint care, management, and development of public greenery systems by both the state and the people.

PART IV

IMPLEMENTATION AND EFFECTIVE ENFORCEMENT.

1. Organizations and individuals strictly comply with regulations on urban greenery management. Violations of prohibited acts stipulated in Section V, Part I of this Circular will be subject to penalties and compensation for damages as prescribed in Article 31 and Article 36 of Decree No. 126/2004/NĐ-CP dated January 24, 2005 of the Government on administrative penalties for violations in construction activities, management of urban infrastructure works, and management of housing use.

2. In cases where existing greenery does not conform to the guidelines set forth in this Circular, it is encouraged to develop phased plans for replacement and renovation to achieve compliance.

3. People's Committees of provinces and centrally governed cities shall implement this Circular.

4. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

5. During implementation, if there are any difficulties, localities are requested to report them to the Ministry of Construction for guidance and resolution within their authority./.