Circular No. 20/2009/TT-BXD amends and supplements certain provisions on urban green management, including the identification of dangerous trees, design of green planning in urban construction master plans, planting standards, establishment of lists of trees to be preserved and replacement of dangerous trees. This Circular takes effect from August 15, 2009.
适用范围
Departments of Construction of provinces and centrally governed cities; urban management agencies; project investors; units implementing urban green construction.
要点
- Urban management agencies → identify dangerous trees and establish monitoring files for timely replacement (Article 5)
- Project investors → green planning designs must comply with standards regarding tree height, trunk diameter, and canopy width (Articles 3 and 4)
- Urban management agencies → establish lists of ancient trees, trees to be preserved, prohibited trees, and restricted trees (Article 7)
- Departments of Construction of provinces and centrally governed cities → establish lists of dangerous trees and submit them to competent authorities for approval to cut down or relocate according to plans (Article 8)
- Urban management agencies → comply with regulations stipulated in Decree No. 23/2009/NĐ-CP on administrative penalties for violations in construction activities and urban green management (Article 2)
🌐 本文件的社会影响
- Positive impact: Strengthened urban green management, improved living environment, reduced accidents caused by dangerous trees.
- Negative impact: Increased costs for project investors due to compliance with planting standards and green planning design requirements (Articles 3 and 4).
❓ 常见问题
Which agency is responsible for identifying dangerous trees?
Departments of Construction of provinces and centrally governed cities are responsible for identifying dangerous trees and establishing monitoring files for their development status (Article 5).
What standards must project investors comply with when designing green planning?
Project investors must ensure a minimum height of 2.0 meters and a trunk diameter of at least 4.0 cm for small trees; a minimum height of 3.0 meters and a trunk diameter of at least 5.0 cm for medium and large trees (Article 4).
Which agency is responsible for establishing the list of trees to be preserved?
Departments of Construction of provinces and centrally governed cities are responsible for establishing lists of ancient trees, trees to be preserved, prohibited trees, and restricted trees and submitting them to the provincial People's Committee for issuance (Article 7).
Which agency is responsible for establishing the list of dangerous trees?
Departments of Construction of provinces and centrally governed cities are responsible for establishing lists of dangerous trees and submitting them to competent authorities for approval (Article 8).
How will violations of urban green management regulations be penalized?
Violations of prohibitions concerning urban green trees will be handled according to Decree No. 23/2009/NĐ-CP (Article 2).
全文
CIRCULAR
Regarding the amendment and supplementation of Circular No. 20/2005/TT-BXD dated December 20, 2005 of the Ministry of Construction guiding urban green tree management
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Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction,
The Ministry of Construction amends and supplements Circular No. 20/2005/TT-BXD dated December 20, 2005 of the Ministry of Construction guiding urban green tree management as follows:
Article 1. Amend Clause 7, Section III, Part I as follows:
"7. Dangerous trees are trees or parts of trees that have the potential to break and fall causing accidents to people, damaging vehicles and buildings."
"4. Violations of prohibitions on urban green trees shall be handled according to the provisions of Decree No. 23/2009/NĐ-CP dated February 27, 2009 of the Government on administrative penalties for violations in construction activities; real estate business; exploitation, production, and trading of construction materials; management of technical infrastructure works; development of housing and public offices."
"3. Designing green tree planning in urban construction master plans, in addition to complying with the provisions of Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on urban planning and Circular No. 07/2008/TT-BXD dated April 7, 2008 of the Ministry of Construction on guiding the preparation, review, and approval of urban planning, must be supplemented and clarified with the following contents:"
Article 4. Amend Point b, Clause 1, Section II, Part II as follows:
"b) Green trees planted must meet the standards:
- For small trees, the minimum height is 2.0 meters and the trunk diameter at standard height is 4.0 centimeters or more;
- For medium and large trees, the minimum height is 3.0 meters and the trunk diameter at standard height is 5.0 centimeters or more.
- The canopy is balanced, free from diseases, and the trunk is straight."
Article 5. Supplement Point c into Clause 6, Section III, Part II as follows:
"c) Identify dangerous trees to establish monitoring files and develop timely replacement plans."
Article 6. Amend Section II, Part III as follows:
"II. Department of Construction of provinces and centrally governed cities
The Department of Construction of provinces and centrally governed cities is the advisory body assisting the People's Committee of the province in implementing urban green tree management within their jurisdiction:"
Article 7. Amend Clause 3, Section II, Part III as follows:
"3. Organize the compilation and submission to the Provincial People's Committee for issuance or issue by delegation the list of ancient trees, trees requiring conservation, prohibited trees, restricted trees, and dangerous trees requiring replacement."
Article 8. Supplement Clause 6 into Section IV, Part III as follows:
"6. Compile a list of dangerous trees requiring replacement and submit it to the competent authority for approval and implement the felling and relocation according to the plan."
Article 9. Implementation Provisions
1. This Circular takes effect from August 15, 2009.
2. In the course of implementation, if there are difficulties or obstacles, please send comments to the Ministry of Construction for study and resolution./.
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