Decree No. 41/2007/ND-CP on Underground Urban Construction

DECREE

On Underground Urban Construction

_________

THE GOVERNMENT

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

Pursuant to the Construction Law dated November 26, 2003;

Considering the proposal of the Minister of Construction,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Decree guides the implementation of the Construction Law regarding special requirements for underground urban construction activities in Vietnam.

2. Underground urban construction activities in Vietnam must comply with the provisions of the Construction Law, the provisions of this Decree, and other guiding documents related to the Construction Law.

3. This Decree applies to organizations and individuals, both domestic and foreign, involved in underground urban construction activities in Vietnam.

Article 2. Definitions

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

1. "Underground urban construction activities" refer to construction activities related to underground urban works.

2. "Underground urban works" are works constructed underground in urban areas, including underground infrastructure technical works; underground transportation works; underground public works and the underground parts of construction works.

3. "Underground infrastructure technical works" include pipeline works for water supply, energy supply, drainage; power cable and communication line works; technical trenches and underground infrastructure hub works.

4. "Underground transportation works" are transportation facilities constructed below ground level.

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

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

7. "Technical trench" is an underground culvert suitable for installing technical cables and pipelines.

8. "Technical tunnel" is an underground passage for installing technical cable and pipeline systems. Technical tunnels must meet requirements for ventilation, lighting, fire prevention and extinguishing, drainage, and have a minimum cross-section to ensure that people can perform installation, repair, and maintenance tasks.

9. "Urban underground space" is the space created below ground for the purpose of constructing underground urban works.

10. "Urban underground construction planning" involves organizing the underground construction space to rationally and effectively utilize the underground space to meet urban development needs.

Article 3. Provisions on the Use of Urban Underground Space

1. The use of urban underground space for constructing underground works is determined based on the construction permit.

2. Permission to use urban underground space for constructing underground works must be granted by the competent authority and must comply with the following regulations:

a) Consistent with the urban construction plan approved by the competent authority. In cases where underground works are not specified in the construction plan, there must be an agreement from the competent state administrative agency regarding the construction plan after obtaining opinions from relevant local state management agencies.

b) Not exceeding the building boundary or land plot boundaries already defined. When there is a need to construct beyond the building boundary or land plot boundaries (except for technical connection parts of underground pipeline systems), permission from the Provincial People's Committee is required.

c) Must be at a depth and lateral distance that does not affect the safety, management, operation, and utilization of adjacent works, overlying works, as well as works already identified or expected to be included in the construction plan.

Article 4. Application of Construction Standards for Underground Urban Works

1. The application of construction standards for underground works must comply with the provisions on technical standards and norms.

2. The Ministry of Construction promulgates construction standards for underground works, and construction standards for public works and underground infrastructure technical works.

3. Ministries managing specialized construction works base on the construction standards for underground works, issue construction standards for specialized underground works within their management functions.

Article 5. Support and Investment Incentives for Underground Urban Construction Projects

1. The State encourages organizations and individuals to participate in investment and business operations of underground public works, underground transportation works, and underground infrastructure technical works through appropriate investment forms.

2. Organizations and individuals investing in construction projects as stipulated in Clause 1 of this Article shall be supported and provided preferential conditions as follows:

a) Exemption or reduction of land use tax.

b) Assistance with a portion of the compensation costs for releasing underground space and land plots related to underground works.

c) Access to preferential financial sources.

d) Investment support and investment incentives according to the laws on investment.

Article 6. Archiving Records of Underground Urban Works

1. Completed underground urban works must be archived in accordance with the legal provisions on archiving.

2. Local state management agencies responsible for construction have the responsibility to manage design records of underground urban works; provide information about underground urban works to organizations and individuals in need according to the law.

Article 7. Prohibited Acts

1. Constructing underground urban works in prohibited construction zones; constructing in areas with high risks of geological engineering accidents affecting the safety of underground works.

2. Constructing underground urban works contrary to the construction plan, deviating from the design approved by the competent authority, constructing without a permit or contrary to the construction permit.

3. Violating the protection zone of underground works.

4. Engaging in underground construction activities without meeting the legal requirements for construction capacity.

5. Violating regulations on the exploitation, use, and maintenance of underground works.

6. Other acts violating the construction laws.

Chapter II

URBAN UNDERGROUND CONSTRUCTION PLANNING

Article 8. General Provisions on Urban Underground Construction Planning

1. Urban underground construction planning is a component of urban construction planning and is established, reviewed, approved, and managed in accordance with the legal provisions on construction planning.

2. Approved urban underground construction planning serves as the basis for subsequent underground urban construction activities.

3. For cities with more than one million inhabitants, the construction planning must include a subway system.

4. The planning for new urban areas, new towns, and new streets in old towns must include planning for tunnel and technical ditch systems to install power lines and pipelines. For old towns, there must be plans to construct tunnels and technical ditches to gradually bury underground power lines and pipelines.

5. For cities classified as type 2 or higher that have approved construction plans, supplementary underground construction plans must be established. For the remaining cities, supplementary underground construction plans should be established when it is not yet time to adjust the construction plan, as determined by the provincial People's Committee based on actual needs at the local level.

Article 9. Requirements for underground urban construction planning

1. Ensure rational, economical, and effective land use.

2. Ensure compatibility, synchronization, and safety for underground works and between underground works and surface works.

3. Ensure requirements for environmental protection and groundwater sources.

4. Closely integrate with security and defense requirements; while ensuring safety and protection for secret operations of security and defense works.

Article 10. Contents of underground urban construction planning

1. For overall urban construction planning:

a) Analyze and evaluate natural conditions, engineering geology, hydrogeological conditions related to underground construction; current status of underground infrastructure network construction and urban underground space usage areas.

b) Forecast development and underground space usage needs.

c) Forecast locations for connecting underground works spaces.

d) Forecast positions and scales of public facilities, transportation, and underground infrastructure works.

đ) Determine restricted and prohibited construction zones for underground works.

e) Determine safety protection ranges for underground transportation works.

2. For detailed urban construction planning:

a) Analyze and evaluate the current status of underground works construction.

b) Specifically determine positions and scales of public facilities, transportation, and underground infrastructure works.

c) Determine spatial and technical connection points for works.

Article 11. Urban underground construction planning dossier

The urban underground construction planning dossier is part of the urban construction planning project dossier, including additional documents as follows:

1. Drawings:

a) For overall urban construction planning:

- Current map of construction and underground space usage areas;

- Map of zoning for underground construction work areas.

b) For detailed urban construction planning:

- Current map of underground construction works;

- Planning map for underground construction works.

The scale of these maps must comply with the regulations on urban construction planning.

2. Supplementary comprehensive report explaining and relevant legal documents concerning underground construction works.

Chapter III

URBAN UNDERGROUND WORKS CONSTRUCTION AND MAINTENANCE

Article 12. Permit for constructing urban underground works.

1. Before commencing construction of underground works, the investor must obtain a construction permit in accordance with the regulations. The application and issuance of construction permits must comply with relevant laws and this Decree.

2. Conditions for issuing construction permits for underground works:

a) Compliance with guidelines for implementing the Construction Law.

b) Meeting the requirements stipulated in Clause 2, Article 3 of this Decree.

c) Ensuring safety for the works, adjacent works, and overlying works, as well as safety for people and communities.

d) Ensuring requirements for ventilation, lighting, drainage, fire prevention, escape routes, rescue operations, and environmental protection.

e) Minimizing the impact of underground construction activities on normal urban activities.

3. The underground portion of a construction project shall be issued a construction permit together with the construction project, and the permit must specify the underground scope of the project, number of basement floors, and depth of basement floors.

4. For public underground works, underground transportation works, and underground infrastructure works:

a) The application dossier for obtaining a construction permit for urban underground works includes:

- Application for construction permit.

- A copy of one of the documents regarding land use rights or authorization from competent authorities for underground space use.

- Design drawings showing the position, floor plan, cross-section, typical elevation view; foundation floor plan and depth of the work; location or route diagram of the work; system diagram and technical and spatial connection points, and photographs of the current condition (for renovation and improvement projects, a construction permit is required).

- Technical connection agreements and spatial connection agreements.

- Technical solutions to ensure safety for people, works, adjacent works, overlying works, construction equipment, and other public activities.

- Commitment to restore the ground surface according to regulations.

b) Main contents of the construction permit for urban underground works:

- Location and position of the work or underground construction route.

- Type of work.

- Land plot boundary on the ground floor plan.

- Underground construction work boundary.

- Work area (excluding linear underground works).

- Maximum depth of the work and depth of each basement floor.

- Connection point of the work.

c) The construction permit for public underground works, underground transportation works, and underground infrastructure works shall follow the model specified in the appendix of this Decree.

d) The provincial People's Committee or its authorized Director of the Department of Construction shall issue construction permits for urban underground works within their jurisdiction.

Article 13. Requirements for connecting urban underground works

1. Technical connections

The technical connection between underground works and the city's common infrastructure must meet the following requirements:

a) The technical connection point must be consistent with the construction plan.

b) It must meet the usage needs of each work.

c) It must satisfy synchronization requirements.

d) It must meet the technical requirements specified for each type of work.

2. Spatial connections

The spatial connection between underground works and surface works must meet the following requirements:

a) The spatial connection point must follow the construction plan.

b) Ensure safety for the works.

c) Ensure convenience in use and safe evacuation when necessary.

3. Agreement on connection: When designing underground works, the investor of the underground work must have an agreement with units managing and operating urban technical infrastructure works and owners or managers using the works to be connected spatially (if any).

4. Implementation of connection: Before carrying out the connection construction, the investor has the responsibility to notify the plan and progress of the connection construction to the agencies and units that agreed on the connection for supervision and coordination in implementation.

Article 14. Requirements for surveying and constructing underground urban works

1. Surveying for constructing underground works must provide complete data, documents, technical parameters about existing underground works and on the surface, geological conditions of the works, hydrogeological conditions, and the possibility of harmful gases in the construction area to serve as the basis for determining the scope and depth of the works, selecting appropriate construction technology to ensure safety for people, works, and adjacent works.

2. The surveying work must clarify abnormal conditions regarding geological conditions of the works and hydrogeology to take appropriate measures for handling to serve the design and construction of underground works.

3. During the construction of underground works, if the contractor discovers factors that are unusual compared to the initial survey documents, they must conduct supplementary surveys to adjust appropriately.

4. Surveying for constructing underground urban works must ensure environmental hygiene and must restore the site after completing the survey tasks.

Article 15. Requirements for designing and constructing underground urban works

1. Designing and constructing underground works must comply with urban planning.

2. Designing and constructing underground works must be suitable for geological conditions of the works, hydrogeological conditions, and possible changes thereof.

3. Designing and constructing underground works must be integrated and connected appropriately with the architectural ensemble of adjacent works, on the surface, and the city's common technical infrastructure system; ensuring safety without affecting nearby construction works above; combining with security and defense requirements when necessary; at the same time, there must be solutions to preserve green trees and protect historical and cultural relics in the construction area (if any).

4. Designing the architectural space organization inside underground works, in addition to requirements for functionality and sustainability, must also meet aesthetic requirements and be consistent with the cultural and historical characteristics of the construction area.

5. Designing lighting, air conditioning, ventilation, fire prevention, firefighting, escape systems, and operational control systems in underground works must be appropriate to the type and level of the works according to the laws on construction.

6. Designing and constructing underground works must ensure requirements for waterproofing, corrosion resistance, and erosion protection.

7. Designing underground works must ensure convenient use for people with disabilities, ensuring safety and quick escape in case of accidents.

8. Designing underground works must include operation and usage procedures and maintenance regulations for the works.

9. Designing and constructing underground works must propose tasks for geotechnical monitoring work.

10. Contractors designing and constructing underground works must provide guidance to facilitate construction according to the design drawings, while performing author supervision throughout the construction process to address discrepancies between actual construction and design projects.

Article 16. Requirements for constructing underground urban works

1. Before constructing underground works, the investor must conduct investigations to determine the current status of existing underground works in the construction area to take appropriate measures.

2. Construction contractors must design construction methods approved by the investor or the investor's representative.

3. The construction process of underground works must ensure safety, minimize impact on normal urban activities, adjacent works, and those above; implement measures to ensure environmental hygiene, particularly groundwater pollution and urban geological environment.

4. Constructing underground works must have plans to address potential issues during construction such as encountering weak soil layers, water-bearing layers, toxic gases, fires, explosions, landslides, ground heave, and subsidence to ensure safety for people, construction equipment, and the works.

5. Constructing underground works must strictly follow procedures, work sequences, and regularly inspect safety conditions during construction, closely monitor personnel entering and exiting the underground works throughout the construction period. When encountering unusual incidents, construction contractors must report to the investor and related parties to take appropriate measures.

6. Underground construction sites must have barriers and signs as required for construction works.

7. Underground public works and transportation works must be inspected and certified for quality compliance before being put into operation according to the laws on construction.

8. Personnel participating in the construction of underground works must be trained technically and provided with appropriate labor safety equipment based on the construction conditions of each type of underground work.

Article 17. Requirements for geotechnical monitoring of underground urban works

1. Geotechnical monitoring must be carried out according to regulations throughout the construction and operation of underground works.

2. Geotechnical monitoring includes monitoring on the underground works themselves, geological environments, and adjacent works above.

3. Geotechnical monitoring work must be implemented according to the approved monitoring plan by the investor or the management user.

4. When abnormalities are detected during monitoring, they must be reported to the investor or the management user and the design agency for timely measures.

Article 18. Maintenance of underground urban works

1. Requirements for maintaining underground works:

a) Implement regular maintenance and periodic maintenance for underground public works and underground transportation works; implement periodic maintenance for underground technical infrastructure works.

b) When performing maintenance work, strict inspection of the system connections of the works; ventilation control equipment, lighting, fire prevention and explosion protection, and environmental protection equipment must be carried out.

2. Responsibilities of relevant agencies in maintaining underground works:

a) Agencies and organizations that review the technical design of underground public works and underground transportation works shall review the maintenance procedures for underground works.

b) The owner or manager/user of the works shall be responsible for:

- Organizing the implementation of maintenance for underground works.

- Performing maintenance for underground works according to the guidance and regulations of the design contractor, material supply contractor, technology equipment, and construction equipment, and complying with standards and specifications.

- Being liable under the law for the quality of construction works that have deteriorated due to non-compliance with the prescribed maintenance procedures for construction works.

- Reporting periodically on maintenance activities and the operational status of underground works to the local state management agency for construction.

c) The local state management agency for construction has the responsibility to organize regular or spot checks on the implementation of maintenance activities by the managers/users of underground works.

Chapter IV

IMPLEMENTATION

Article 19. State Management of Underground Urban Construction

1. The Ministry of Construction is responsible before the Government for unified state management of underground urban construction nationwide. Ministries managing specialized construction works coordinate with the Ministry of Construction in managing specialized underground construction works in cities.

2. People's Committees at all levels are responsible for state management of underground construction in cities within their administrative boundaries.

Article 20. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 21. Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees within their respective duties and authorities shall be responsible for organizing the implementation of this Decree.

2. The Minister of Construction shall take the lead and coordinate with related ministries and sectors to guide, monitor, and inspect the enforcement of this Decree./.