Decree No. 39/2010/ND-CP on Management of Underground Construction Space in Urban Areas

DECREE

On underground urban construction space management

THE GOVERNMENT

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

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Urban Planning Law dated June 17, 2009;

Considering the proposal of the Minister of Construction,

DECREE:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the management of underground construction space in urban areas in Vietnam.

2. Organizations and individuals, both domestic and foreign, participating in activities related to underground construction space in urban areas in Vietnam must comply with the provisions of this Decree and other relevant laws.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. "Underground urban construction space" means the subsurface space used for the purpose of constructing underground urban works.

2. "Management of underground urban construction space" includes planning the underground construction space and activities related to constructing underground urban works.

3. "Planning of underground urban construction space" involves organizing the subsurface construction space for the construction of underground works.

5. "Underground public works" are public service works constructed below ground level.

6. "Underground transportation works" include underground railway works, underground railway stations, road tunnels, pedestrian tunnels, and connecting auxiliary works (including surface connections to the underground sections).

7. "Underground technical hub works" are underground infrastructure technical works, including: water supply stations, wastewater treatment stations, transformer substations, gas stations... constructed below ground level.

8. "Underground power lines, cables, and pipelines" include underground water supply pipelines, energy supply pipelines, drainage pipelines; power transmission lines, communication lines constructed below ground level.

9. "The underground part of surface construction works" includes basements (if any) and parts of the works located below ground level.

10. "Technical trench" is an underground work along a route with sufficient size to ensure that people can perform installation, repair, and maintenance tasks on equipment and pipelines.

11. "Technical ditch" is an underground work along a route with smaller dimensions for installing power lines, cables, and pipelines.

12. "Technical conduit, tank" is a system of pipes, tanks for installing underground communication, telecommunication cables, signal transmission cables, television cables, power cables, lighting cables.

Article 3. Principles of management of underground urban construction space

1. The Government shall uniformly manage, entrusting the People's Committee of the province to manage the underground construction space in urban areas under their jurisdiction.

2. Underground urban construction space must be planned, constructed, managed, and utilized. Urban land surface space planning and development must be closely integrated with safe and efficient utilization of underground space.

3. The use of underground space for constructing underground works must ensure economical land use, environmental protection, and security and defense requirements.

4. Developers of new urban areas, new residential areas, and newly constructed or renovated streets have the responsibility to invest in building technical conduits, tanks, trenches, or trenches to arrange and install technical lines and pipelines according to approved plans. For old urban areas undergoing renovation, the People's Committee of the province must develop investment plans to construct technical conduits, tanks, trenches, or trenches to gradually bury exposed lines and cables.

5. Construction of underground urban works must comply with the following regulations:

a) Urban planning, standards for underground construction, construction permits;

b) Construction must not exceed the building boundary or land use area determined by the competent state agency's decision on land allocation or lease. If there is a need to exceed the building boundary or land use area already determined (except for technical connection parts of underground power lines and pipelines), permission from the competent state agency is required;

c) Ensure safety for the community, the work itself, and adjacent works; do not affect the use, operation, and maintenance of adjacent works as well as existing or planned works in urban planning.

Article 4. Ownership of Underground Construction Projects

Issuance of certificates of ownership for underground construction projects shall comply with the provisions of the laws on issuance of land use right certificates, ownership certificates of houses and other assets attached to land.

Article 5. Land Use for Urban Underground Construction Projects

1. The use of land for urban underground construction projects must be consistent with approved urban planning and land use planning.

2. The People's Committee of the province shall decide on granting organizations within the country and foreign organizations and individuals the right to use land for urban underground construction projects in accordance with the regulations.

3. The use of land for urban underground construction projects (excluding the underground parts of surface construction projects) shall be implemented according to the following provisions:

a) Domestic and foreign organizations and individuals who lease land from the State for constructing urban underground projects for business purposes must pay land rent.

b) Domestic and foreign organizations and individuals who lease land from the State may be exempted or have their land rent reduced for constructing urban underground projects not for business purposes.

4. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to develop management mechanisms and land use for urban underground construction projects, to be submitted for approval.

Article 6. Support and Incentives for Urban Underground Construction Projects

1. The State encourages organizations and individuals to participate in urban underground space planning; to invest in urban underground projects through appropriate investment forms.

2. Types of urban underground projects encouraged for investment include:

a) Underground transportation facilities and underground parking lots;

b) Underground technical hub facilities;

c) Sewers, technical tanks, ditches, and technical pipelines.

3. Organizations and individuals participating in the investment and construction of the underground projects specified in Clause 2 of this Article shall be supported and incentivized for investment in accordance with current laws.

4. Ministries of Finance, Natural Resources and Environment, Planning and Investment shall guide the implementation of the provisions of Clause 3 of this Article based on their respective functions and tasks.

Article 7. Standards and Regulations for Urban Underground Construction

1. Organizations and individuals operating in the field of urban underground space planning and underground construction projects must comply with the relevant technical standards issued by competent state agencies.

2. The Ministry of Construction and specialized ministries shall organize the development of national standards; issue technical standards related to underground construction projects in accordance with their assigned functions and tasks by the Government.

3. The application of foreign underground construction standards must comply with the provisions of the laws on the application of foreign construction standards in Vietnam.

Article 8. Establishment and Storage of Data Bases and Records for Urban Underground Construction Projects

1. The database on urban underground projects includes:

a) Data on the current status of urban underground projects;

b) Data on urban underground space planning;

c) Other data related to urban underground space management.

2. Records on the current status of underground projects and underground space planning shall be stored in accordance with the laws on record keeping. It is encouraged that management agencies at all levels apply advanced technology in managing databases and providing information on urban underground projects.

3. The Ministry of Construction shall be responsible for guiding the establishment of databases on urban underground projects.

4. The People's Committee of the province shall be responsible for directing the establishment of databases to serve management, planning, and investment in urban underground construction projects within its jurisdiction.

5. Local state management agencies on construction shall be responsible for implementing the establishment of databases; storing records and providing information to organizations and individuals in need in accordance with the law.

6. Organizations and individuals within and outside the country having urban underground construction projects shall be responsible for providing data on the underground projects they manage to local state construction management agencies for the purpose of establishing databases on urban underground construction projects.

Article 9. Prohibited Acts

1. Constructing urban underground works contrary to urban planning or underground space construction planning; contrary to construction permits or without construction permits.

2. Violating safety corridors and protection zones for underground works.

3. Participating in construction activities without meeting the conditions stipulated by laws on construction.

4. Violating regulations on management, exploitation, utilization, and maintenance of underground works.

5. Other acts violating laws on construction, urban planning, and related laws.

Chapter 2

URBAN UNDERGROUND SPACE CONSTRUCTION PLANNING

Article 10. Regulations on Urban Underground Space Construction Planning

1. Urban underground space construction planning is part of the urban planning project. The content of urban underground space construction planning in the urban planning project complies with the provisions of laws on urban planning.

2. For cities that have approved urban planning or in cases where there is a need to invest in constructing underground works but not yet determined in the approved planning project, the establishment of general or detailed underground space construction planning shall be considered and decided by the Provincial People's Committee.

3. General underground space construction planning is established for cities; detailed underground space construction planning is established for urban areas or to serve as a basis for investment projects in constructing underground works. The content of planning complies with the provisions of Articles 12 and 13 of this Decree.

4. The examination and approval of general and detailed underground space construction planning for cities shall be carried out in accordance with the provisions of laws on urban planning.

Article 11. Requirements for Urban Underground Space Construction Planning

Urban underground space construction planning must ensure rational, economical, and effective land use; compatible and synchronized connections between underground works and between underground works and surface works; ensuring requirements for environmental protection and underground water resources, safety of underground works and underground parts of surface works.

Article 12. Content of General Urban Underground Space Construction Planning

1. Analyze and assess natural conditions, engineering geology, hydrogeology; current status of construction of surface and underground urban works.

2. Analyze and assess overall urban planning and construction situation according to approved planning.

3. Based on the orientation for development of space and technical infrastructure of the city already determined in the overall urban planning project:

a) Forecast demand for development and use of urban underground space;

b) Define functional zoning for use of urban underground space to construct underground works;

c) Identify restricted and prohibited construction zones for underground works;

d) Determine the underground transportation system including: route direction, location, and scale of subway stations (if any); location, scale of road tunnels and areas planned for underground parking lots;

đ) Determine utility trenches, technical ditches, sewers, technical reservoirs along main streets up to district level;

e) Determine primary and secondary water supply and drainage pipelines, power transmission lines from 22KV and above;

g) Determine areas for construction of underground public works and underground infrastructure hub works;

h) Anticipate technical and spatial interconnections;

i) Strategic environmental assessment;

k) Anticipate priority items and resources for implementation.

4. Planning documents include: explanatory notes and relevant legal documents; maps showing the current status of underground works systems and general urban underground space construction planning.

Article 13. Contents of Detailed Urban Underground Construction Planning

1. Analyze and assess natural conditions, construction geology, hydrogeology; current status of surface construction works and underground works; relevant provisions of general planning, district planning for the planned area.

2. Determine the scope, boundaries, nature, and functional use of space for constructing underground works.

3. Specifically determine the location, scale, and land use scope of underground construction works.

4. Detail technical connection positions and spatial connections among works.

5. Strategic environmental assessment.

6. Planning documentation includes: explanatory notes and related legal documents; current status maps, detailed underground construction space planning maps, and drawings depicting cross-sections of underground space usage, including detailed arrangements of underground works vertically.

Chapter 3

URBAN UNDERGROUND CONSTRUCTION

PART 1 LICENSE FOR URBAN UNDERGROUND CONSTRUCTION

Article 14. General Provisions

1. Prior to commencing construction of underground works, the project investor must obtain a construction license, except where exempted from obtaining such a license according to laws on construction.

2. Issuance of construction licenses for underground works must comply with relevant provisions in guiding documents for the Construction Law, the Urban Planning Law, and the regulations stipulated in this Decree.

Article 15. Construction License for Underground Power Lines, Underground Pipelines, Trenches, and Technical Tanks

1. The application documents for construction permit include:

a) Application for construction permit;

b) One of the documents regarding permission to invest in construction;

c) Agreement on route direction with local urban planning management authority if the work has not been determined in the approved urban planning;

d) Design drawings showing the position, plan view, cross-section; depth of the work; technical connection diagram.

2. Licensing authority:

a) Provincial People's Committee shall issue construction permits for underground power lines, underground pipelines, trenches, and technical tanks of Class I and II;

b) Provincial People's Committee shall specify the issuance of construction permits for remaining underground power lines, underground pipelines, trenches, and technical tanks.

3. The application for construction permit and construction permit form are specified in Appendix I and Appendix II issued together with this Decree.

Article 16. Construction License for Underground Transportation Works, Underground Public Works, Underground Tunnels, and Underground Infrastructure Hub Works

Construction license for underground transportation works, underground public works, underground tunnels, and underground infrastructure hub works shall comply with the provisions of the Construction Law.

Article 17. Underground Part of Surface Construction Works

1. When issuing a construction license for surface construction works with an underground part, the construction license must specify the scope of the underground part of the work, number of basement floors, total depth of basement floors, and parts of the work located below ground level.

2. Construction of the underground part of the work must comply with the construction license and other relevant provisions of this Decree.

PART 2 SURVEY AND DESIGN OF URBAN UNDERGROUND WORKS

Article 18. For underground power lines, pipelines, and technical trenches

1. Requirements for survey:

a) Survey work must reflect the current topography, geology, hydrology, and existing underground and surface works to serve design and construction activities;

b) Ensure technical requirements for surveys as stipulated in technical standards for each type of work.

2. Requirements for construction design:

a) Comply with urban planning and underground construction space planning approved by competent authorities. In cases where there is no urban planning or underground construction space planning, approval from local planning management agencies is required;

b) Adhere to regulations set forth in technical standards for each type of work;

c) Construction design must ensure the coordinated layout of pipelines, power lines, cables leading to subscribers and loads, consistent with the city's overall technical infrastructure system, and must include operational procedures, usage guidelines, and maintenance regulations appropriate for the work;

d) Design consultants must calculate and forecast the demand for power lines and technical pipelines to determine the scale of technical trenches or drainage structures suitable for urban development plans and master plans.

Article 19. For underground transportation works, public works, and underground infrastructure hub works

1. Requirements for construction survey work:

a) Provide complete data, documents, and technical parameters on existing underground and surface works, geological and hydrogeological conditions, and the potential for harmful gases in the construction area to establish the scope and depth of the work, select appropriate construction technologies to ensure safety for people, the work itself, and adjacent works;

b) Forecast abnormal geological and hydrogeological conditions to implement appropriate measures to serve the design and construction of underground works;

c) Ensure environmental hygiene and restore the site after completing the survey tasks.

2. Requirements for construction design work:

a) Must be compatible with geological and hydrogeological conditions;

b) Must be integrated and connected appropriately with the architectural ensemble of adjacent surface works, with the city's overall technical infrastructure system; ensure safety without affecting nearby construction works; combine with security and defense requirements when necessary; at the same time, solutions for preserving greenery and protecting historical and cultural relics in the construction area (if applicable) must be provided;

c) Architectural space organization design within the works (if applicable) must meet functional requirements, sustainability, and aesthetic standards, consistent with the cultural and historical characteristics of the construction area;

d) Lighting, air conditioning, ventilation, water supply, drainage, electricity supply, fire prevention, escape, and operation control systems design in the works must comply with the type and level of the work as prescribed by construction laws;

đ) Ensure waterproofing, corrosion resistance, and erosion protection requirements;

e) Ensure convenient use for persons with disabilities, ensuring quick evacuation in emergencies;

g) Include operational procedures, usage guidelines, and maintenance regulations for the work, and propose tasks for geotechnical monitoring.

PART 3 CONSTRUCTION OF URBAN UNDERGROUND WORKS

Article 20. For underground power lines, pipelines, ditches, and technical reservoirs

1. Prior to construction of the works, the project investor of underground power lines, pipelines, and technical ditches must notify the commencement of the works to the People's Committee of the ward or town where the underground construction takes place for coordination in inspection and supervision during the construction process.

2. The construction contractor must design construction methods ensuring safety for the normal operation of power lines, cables, other underground and above-ground works, and ensuring traffic safety and environmental hygiene.

3. The construction contractor of underground power lines, pipelines, ditches, and technical reservoirs must ensure safety, quality, and progress of the construction work.

Article 21. For underground transportation works, public works, retaining walls, and underground infrastructure technical works

1. Before commencing construction, the project investor must determine the current status of existing underground works within the construction area to adopt appropriate measures.

2. Construction contractors must design construction methods approved by the project investor or their representative.

3. Ensure safety for people and works, minimize impact on the normal operation of the city, nearby works, and those above; implement measures to ensure environmental hygiene, particularly groundwater pollution and urban geological environment.

4. Prepare plans and be ready with solutions to address potential incidents during construction such as encountering weak soil layers, water-bearing layers, toxic gases, fires, explosions, landslides, ground heave, and ground rupture to ensure safety for personnel, construction equipment, and the works.

5. Strictly follow procedures and work sequences and maintain regular inspections to ensure safety conditions during construction. When encountering unusual incidents, the construction contractor must inform the project investor and relevant parties to take appropriate measures.

Article 22. Acceptance, certification of sufficient load-bearing safety conditions, and certification of compliance with quality standards for urban underground construction works

1. Urban underground construction works must be accepted before being put into operation according to regulations.

2. Organizing acceptance, issuing certificates of sufficient load-bearing safety conditions for urban underground construction works must comply with laws on construction.

3. Works or parts of works of any type and grade may be certified for compliance with quality standards upon request from local state management agencies on construction or at the proposal of the project investor or owner.

PART 4 LOWERING OVERHEAD POWER LINES AND CABLES IN URBAN AREAS

Article 23. Principles for lowering overhead power lines and cables

1. Adhere to urban planning, underground space development planning, undergrounding plans, and design documents approved by competent authorities.

2. Comply with relevant technical standards.

3. The State encourages the lowering of overhead power lines and cables in urban areas. Organizations and individuals participating in the lowering of overhead power lines and cables in urban areas are supported and given investment incentives according to current laws.

4. Design, construction, renovation, and undergrounding of overhead lines and cables on streets must meet the following requirements:

a) Ensuring safety for people, works, adjacent works, and overall safety for related infrastructure systems;

b) Ensuring connectivity with the city's common power lines and cable systems;

c) Jointly using shared spaces in sewers, reservoirs, trenches, or retaining walls to save underground space usage.

5. For streets that have already been constructed with sewer, reservoir, or trench works, overhead pipes shall not be laid on the surface. Provincial People's Committees are responsible for promulgating regulations on the joint use of sewer, reservoir, or trench systems under their jurisdiction.

Article 24. Undergrounding overhead power lines and cables

1. The undergrounding of overhead power lines and cables on streets may be carried out using one of the following forms: technical conduits, technical tanks; technical trenches and tunnels.

2. The construction contractor must ensure safety, quality, and progress of the project when implementing the undergrounding of overhead power lines and cables.

3. The investor is responsible for coordinating with the owner of the overhead power lines and cables to recover unused poles, power lines, and cables. The local construction management authority is responsible for inspecting this recovery process.

4. Organizations and individuals exploiting and using overhead power lines and cables in urban areas are responsible for cooperating, participating, and contributing financially to implement the undergrounding of overhead power lines and cables according to the provincial People's Committee's overall plan.

5. The provincial People's Committee is responsible for organizing and directing the planning and implementation of the undergrounding of overhead power lines and cables within its jurisdiction.

Chapter 4

ORGANIZATION OF CONNECTIONS, TECHNICAL SURVEILLANCE AND MAINTENANCE OF UNDERGROUND WORKS

SECTION 1 CONNECTIONS OF URBAN UNDERGROUND WORKS

Article 25. Technical Connections

1. Technical connections refer to the connection between underground power lines, cables, pipelines; technical trenches and tunnels.

2. Requirements for technical connections:

a) Compliance with the urban planning or underground urban space planning approved by the competent authority;

b) Compliance with the usage requirements of each work;

c) Ensuring synchronization requirements;

d) Ensuring technical requirements specified for each type of work.

Article 26. Spatial Connections

1. Spatial connections refer to the creation of spatial gaps to connect underground construction works with adjacent works ensuring human and machine operation.

2. Requirements for spatial connections:

a) Must comply with the urban planning or underground urban space planning approved by the competent authority. In cases where there is no urban planning or underground urban space planning, it must be approved by the local planning management agency;

b) Ensuring safety for people and works, adjacent works;

c) Ensuring convenience for use, exploitation, and escape when necessary.

Article 27. Connection Agreements

When designing underground construction works, the investor must reach agreements with units managing and operating urban infrastructure technical works or owners or managers using works for spatial connections (if applicable).

Article 28. Implementation of Connections

Before carrying out connection construction, the investor is responsible for notifying the plan and progress of the connection construction to the agencies or units that have agreed on connections for supervision and coordination.

SECTION 2 TECHNICAL GEOLOGICAL SURVEILLANCE AND MAINTENANCE OF UNDERGROUND WORKS

Article 29. Geological Technical Surveillance of Underground Works

1. Underground transportation works, public works, tunnels, and key infrastructure technical underground works must carry out geological technical surveillance.

2. Requirements for geological technical surveillance:

a) Geological technical surveillance must be carried out throughout the construction and operation and use of underground works;

b) Geological technical surveillance includes surveillance on the underground works themselves, geological environment, and adjacent works;

c) Geological technical surveillance must be carried out according to the surveillance plan approved by the investor or the user manager;

d) When abnormal factors are detected during surveillance, the construction contractor must notify the investor or the user manager and the design agency to take timely measures.

Article 30. Requirements for Underground Construction Maintenance

1. Underground construction projects must be maintained in accordance with the provisions of the Construction Law.

2. Underground transportation works; underground public works; however, technical connection points underground works must implement maintenance regimes (regular and periodic).

3. Underground power lines, pipelines, and technical trenches must implement periodic maintenance regimes.

4. When performing maintenance work, strict inspection of the project connection system; ventilation control devices, lighting, fire prevention and explosion protection equipment, and environmental protection facilities (if any) must be noted.

Article 31. Responsibilities of Relevant Authorities in Underground Construction Maintenance

1. The owner or manager of the facility has the responsibility to:

a) Organize the implementation of maintenance for underground constructions;

b) Implement maintenance for underground constructions according to the guidance and regulations of the design contractor, material and technological equipment suppliers, and comply with standards and specifications;

c) Bear legal responsibility for the decline in quality of construction works due to non-compliance with the prescribed construction maintenance procedures;

d) Report periodically on maintenance activities and the operational status of underground constructions to the local state management agency for construction.

2. The local state management agency for construction has the responsibility to organize regular or spot checks on the maintenance activities of the owners or managers of underground constructions.

Chapter 5

IMPLEMENTATION

Article 32. Effectiveness

1. This Decree takes effect from May 25, 2010.

2. This Decree replaces Decree No. 41/2007/NĐ-CP dated March 22, 2007 of the Government on urban underground construction.

Article 33. Implementation Organization

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government within their respective duties and authorities shall be responsible for implementing this Decree.

2. The Ministry of Construction shall take the lead and coordinate with relevant ministries and sectors to guide, monitor, and inspect the implementation of this Decree./.