Decree No. 64/2010/ND-CP on Urban Green Tree Management

DECREE

Regarding urban green tree management

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THE GOVERNMENT

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

Based on 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:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the management of green trees in urban areas throughout the country.

2. Organizations and individuals, both domestic and foreign, related to the management of urban green trees within the territory of Vietnam must comply with the provisions of this Decree.

Article 2. Interpretation of Terms

In this Decree, the following terms and concepts shall be understood as follows:

1. Urban green tree management includes: planning, planting, caring for, growing seedlings, protecting, and cutting down, relocating urban green trees.

2. Urban green trees are public-use green trees, limited-use green trees, and specialized-use green trees in urban areas.

3. Public-use urban green trees are types of green trees planted on streets (including shade trees, decorative trees, climbing plants, naturally grown trees, grass planted on sidewalks, median strips, traffic islands); green trees in parks and flower gardens; green trees and grass at squares and other public areas in urban areas.

4. Limited-use urban green trees are green trees planted within the premises of headquarters, schools, hospitals, cemeteries, religious sites, villas, houses, and other public facilities managed and used by organizations and individuals.

5. Specialized-use urban green trees are types of trees in nurseries or serving research purposes.

6. Ancient trees are long-standing woody trees planted or naturally grown, with a minimum age of 50 years or a diameter of 50 cm or more at a height of 1.3 meters from the ground level of the tree.

7. Protected trees are ancient trees, rare plant species listed in the Red Book of Vietnam's flora, trees recognized as having historical and cultural value.

8. Trees prohibited from planting are those containing toxins dangerous to humans.

9. Trees subject to restricted planting are fruit-bearing trees and trees that produce odors affecting health and the environment.

10. Hazardous trees are aged and decaying trees, or parts of trees that are prone to breaking off and causing accidents to people, damaging vehicles and structures, or diseased trees posing a risk of widespread disease.

11. Tree nursery is a concentrated garden for growing various tree seedlings according to technical procedures to propagate trees and ensure planting standards before transplantation.

12. Unit implementing services for urban green tree management is a unit selected to carry out services for planting, caring for, growing seedlings, protecting, and cutting down, relocating public-use urban green trees.

Article 3. Principles of urban green tree management

1. The Government uniformly manages urban green trees, assigning responsibilities according to the provisions of the law.

2. The State has the responsibility to invest in and develop public-use urban green trees for the benefit of the community.

3. The State encourages creating favorable conditions for organizations and individuals to participate in planning; planting, caring for, growing seedlings, protecting, and managing urban green trees.

4. Management and development of urban green trees must comply with urban planning and technical standards while contributing to creating landscapes, protecting the environment, and promoting biodiversity.

5. When developing new urban areas, the developer must ensure land for green trees; the planted trees must be of the correct species and meet the planting standards according to the detailed urban area planning already approved, and they must be responsible for caring for and protecting the green trees until their transfer to the management authority according to the regulations of the provincial People's Committee.

6. When constructing new urban roads, green trees must be planted synchronously with the construction of infrastructure works. When renovating, upgrading urban roads, pipeline engineering projects, or when carrying out undergrounding of overhead lines and cables in relevant urban areas involving the protection, cutting down, relocation, and replanting of green trees, the developer must notify the local green tree management authority for supervision. Cutting down and relocating urban green trees must comply with Article 14 of this Decree.

Article 4. Urban public green space investment and development plan

1. The urban public green space investment and development plan must be consistent with the land use plans and urban planning approved by competent authorities.

2. The annual and five-year urban public green space investment and development plan includes: planting, caring for, growing, and protecting urban green trees; constructing new, renovating, refurbishing, and upgrading construction works within the urban public green space area.

3. The urban public green space investment and development plan and the funds to implement the plan must be allocated into the local annual socio-economic development program.

Article 5. Standards and technical regulations on urban green spaces

1. Organizations and individuals have the responsibility to apply standards and comply with technical regulations related to urban green spaces issued by competent state agencies.

2. The Ministry of Construction organizes the establishment of national standards and promulgates technical regulations on urban green space planning and design.

Article 6. Propaganda, dissemination, and legal education on urban green space management

Ministries, sectors, People's Committees at all levels, political organizations, and social occupational organizations within their scope of responsibility shall cooperate with mass media agencies and schools to disseminate, educate, and guide citizens and community residents to participate in planting, caring for, and protecting urban green spaces and strictly comply with relevant legal provisions on urban green space management.

Article 7. Prohibited Acts

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

2.擅自种植树木在人行道、分隔带、交叉口和公共所有区域，不符合规定。

3.擅自砍伐、移动、修剪树枝、挖掘树根或切断树木的根部，在未获许可的情况下进行。

4. 在树木上钻孔、钉钉子、剥树皮；将垃圾、有害物质和建筑材料倒入树木根部；在树木根部排泄、烹饪、焚烧或建造平台。

5. 在树木上悬挂、安装广告牌、标志和其他物品；未经许可在树木上拉绳索或装饰灯饰。

6. 占用现有或已确定在城市规划中的绿地土地，建设非法工程，并阻碍按规定种植树木。

7. 管理或被委托管理城市绿化树木的组织和个人不遵守城市绿化树木管理的规定。

8. 其他违反法律规定的行为。

Chapter II

URBAN GREEN SPACE PLANNING

Article 8. Requirements for urban green space planning

1. Consistent with the requirements and objectives of urban planning and urban development.

2. Consistent with natural conditions, climate, soil, characteristics, functions, traditions, culture, and identity of the city.

3. Harmoniously integrated with water surface space, landscape, and environment; meeting management and usage requirements.

4. Comply with technical regulations on urban green space planning and design.

Article 9. Content of urban green space planning in urban planning

1. Urban green space planning is a component of urban planning.

2. In the overall urban planning, it must specify: green space land index, total green space land area for the entire city, each urban area (new areas; old areas, renovation areas, and planned development areas), land area for developing nurseries, and the scope of urban green space land use.

3. In the district-level urban planning, it must specifically define: location, scale, nature, function, and scope of urban green space land use; principles for selecting tree species.

4. In the detailed urban planning, it must specifically define: types of trees, planting standards, green space layout forms in functional zones; specific locations of green trees on streets.

Article 10. Detailed Planning for Urban Greenery, Parks - Flower Gardens

1. Detailed planning for urban greenery, parks - flower gardens shall be established as the basis for investment projects on urban greenery, parks - flower gardens.

2. The contents of the detailed planning tasks for urban greenery, parks - flower gardens include:

a) Scope, boundaries, area of the planning zone;

b) Basic indicators regarding land and technical infrastructure;

c) Requirements and principles for designing architectural landscape space, connecting technical infrastructure, and selecting appropriate types of trees;

d) Components of the planning dossier.

3. The contents of the detailed planning dossier for urban greenery, parks - flower gardens include:

a) Analysis and evaluation of the current status of the planning zone; relevant provisions of general planning and district planning;

b) Determination of land use indicators and technical infrastructure;

c) Overall land use planning in parks - flower gardens: functional zoning, regulations on building density, land use coefficient;

d) Specific selection of suitable tree species, ensuring compliance with planting standards;

đ) Landscape architectural design for urban greenery, parks - flower gardens;

e) Technical infrastructure planning within parks - flower gardens.

4. The planning dossier for detailed urban greenery, parks - flower gardens includes:

a) Location map and boundary of the land plot; current status map (landscape architecture, technical infrastructure system); overall land use planning map; spatial organization landscape architecture map (location, layout form of trees...); illustrative drawings; technical infrastructure system planning map; list of tree species and planting standards;

b) Comprehensive explanation and related legal documents.

5. Competent authority to review and approve detailed planning tasks and dossiers for urban greenery, parks - flower gardens according to urban planning laws.

Chapter III

PLANTING, CARE, NURSERY, PROTECTION, PRUNING, AND TRANSFER OF URBAN GREENERY

Article 11. General Provisions on Planting Urban Greenery

1. Planting urban greenery must comply with the approved urban planning.

2. Planting urban greenery must ensure correct technical procedures, appropriate tree species and standards, and safety; newly planted trees must be protected and supported firmly and straight to ensure good growth and development.

3. Trees must be regularly cared for, inspected, and their development status determined to promptly monitor, protect, and address impacts affecting their growth.

4. Care and pruning of trees must follow technical procedures while ensuring safety for people, vehicles, and structures.

Article 12. Regarding Urban Greenery Nurseries

1. Urban areas must allocate land for developing nurseries according to planning.

2. Organizations or individuals using land for nursery development must ensure proper purpose and effective land use; apply scientific and technological advancements in researching tree varieties, acclimatizing imported trees; seedling cultivation work for various tree, flower, and ornamental plant species to meet urban greenery supply needs.

Article 13. Protection of Urban Greenery

1. Urban greenery must be maintained, protected, and inspected regularly.

2. All organizations, individuals, and households have the responsibility to care for and protect urban greenery, promptly prevent violations of urban greenery protection regulations, and report to the People's Committee at the appropriate management level for handling.

3. The People's Committee at the appropriate management level is responsible for organizing the protection, inspection, and handling of acts infringing upon urban greenery; organizations and individuals violating urban greenery protection regulations must take corrective measures and compensate for damages according to the law.

4. Units implementing urban greenery management services are responsible for protecting urban greenery within the assigned area under contracts with urban greenery management authorities at the appropriate management level.

Article 14. Cutting down and relocating urban green trees

1. Conditions for cutting down and relocating urban green trees:

a) Trees that have died, fallen, or are at risk of falling and causing danger;

b) Green trees that are diseased or old and no longer ensure safety;

c) Green trees in areas implementing investment construction projects.

2. Cases of cutting down and relocating urban green trees must have a permit:

a) Green trees listed in the conservation tree directory;

b) Shade trees on streets;

c) Shade trees; conservation trees; trees that have been numbered and marked with signs in parks, flower gardens, public areas, and areas implementing investment construction projects;

d) Shade trees with a height of 10 meters or more; conservation trees within the premises of organizations and individuals.

3. Cases exempted from obtaining a permit for cutting down and relocating urban green trees are: immediate cutting due to emergency situations, natural disasters, or dead or fallen trees. Before cutting down or relocating, there must be a record, photographs of the current state, and a report to the urban green tree management authority within no later than 10 days from the date of completion.

4. Documents for applying for a permit to cut down and relocate urban green trees include:

a) A request form clearly stating the location of cutting down and relocating; the size, type of tree, and reasons for cutting down and relocating urban green trees;

b) A diagram showing the location of urban green trees to be cut down and relocated;

c) Photographs of the current state of urban green trees to be cut down and relocated.

5. Receiving documents and processing time for issuing permits

a) Applications for permits to cut down and relocate urban green trees shall be submitted to the urban green tree management authority according to the regulations of the provincial People's Committee;

b) The processing time for issuing permits to cut down and relocate shall not exceed 15 working days from the date of receipt of complete and valid documents.

6. The provincial People's Committee stipulates the authority to issue permits to cut down and relocate urban green trees. The application form and permit for cutting down and relocating urban green trees are specified in Appendix I and Appendix II of this Decree.

7. Implementing the cutting down and relocation of urban green trees

a) The deadline for implementing the cutting down and relocation of urban green trees shall not exceed 30 days from the date of issuance of the permit;

b) For the cutting down and relocation of urban green trees in investment construction projects, it must be carried out according to the project implementation schedule;

c) Prior to implementing the cutting down and relocation of urban green trees, organizations or individuals must notify the local authorities;

d) The cutting down and relocation of urban green trees in public areas and within the premises managed by organizations and individuals must ensure technical procedures and safety for people and property.

8. Units entrusted with the task of managing urban green trees and providing services for the cutting down and relocation of public-use urban green trees on their territory must comply strictly with the provisions of this Article. In cases of cutting down and relocating public-use urban green trees and planting new trees, they must ensure compliance with the provisions of Article 11 of this Decree.

9. Organizations and individuals with legitimate needs for cutting down and relocating urban green trees, in addition to complying with the provisions of this Article, must also bear the responsibility for compensating the value of the trees and all costs associated with the cutting down and relocation of urban green trees.

Article 15. Regarding public greenery in urban areas

1. For trees on streets

a) Shade trees planted on streets must comply with technical standards and planting distances, tree height, and trunk diameter;

b) The selection of tree arrangements and types of trees planted on streets must be suitable for each type of street, the specific characteristics of each urban area, and must ensure safety for people and vehicles participating in traffic. At traffic islands, the arrangement of greenery must comply with regulations ensuring traffic safety;

c) Trees planted under power lines must ensure safe clearance according to the provisions of laws on electricity;

d) On urban streets, shade trees must be numbered to establish management records and regularly inspected according to the prescribed technical procedures;

đ) Planting trees must not obstruct road signs and traffic signal lights.

2. For greenery in parks, flower gardens, squares, and other public areas in urban areas.

a) Trees planted in parks, flower gardens, squares, along lakes, riverbanks, and other public areas in urban areas must comply with detailed planning for greenery, parks, and flower gardens or detailed urban planning approved by competent authorities;

b) The planting, care, protection, relocation, and felling of trees must comply with the provisions of Articles 11, 13, and 14 of this Decree;

3. Public greenery in urban areas must be developed according to the annual plan of the city.

Article 16. Regarding restricted-use greenery in urban areas

1. Organizations and individuals are responsible for planting, caring for, and protecting trees within their managed premises;

2. The felling and relocation of trees must be carried out in accordance with the provisions of points a and đ of Clause 2; Clause 4; points a, c, and d of Clause 7 of Article 14 of this Decree;

3. Planting ornamental plants, flowers on balconies, rooftops must ensure safety, environmental hygiene, and urban aesthetics.

Article 17. Regarding preserved trees in urban areas

1. Preserved tree species must be inventoried in terms of quantity and quality, numbered, named with plaques, documented, and provided with special care and protection measures for each tree to serve conservation work;

2. People's Committees at various levels shall issue lists of trees that need to be preserved within their jurisdiction.

Article 18. Regarding dangerous trees in urban areas

1. Dangerous trees in urban areas must have protective measures and timely plans for felling and relocation. New plantings must comply with the provisions of Article 11 of this Decree;

2. Units implementing services for managing greenery are responsible for establishing monitoring files on the development status of trees, drafting plans for felling and relocating trees for approval by competent authorities, and organizing implementation.

Article 19. Selection of units implementing services for managing greenery

1. Units implementing services for managing greenery must have sufficient capacity and experience in the field of urban greenery, necessary equipment and technical means to fulfill assigned requirements and tasks as stipulated by People's Committees at various levels;

2. The selection of units implementing services for managing greenery shall be conducted through bidding or ordering through contracts;

3. Based on specific conditions in localities and the provisions of Clause 1 of this Article, People's Committees at various levels shall decide on the selection of units implementing services for managing greenery within their jurisdiction.

Chapter IV

RESPONSIBILITIES FOR URBAN GREENERY MANAGEMENT

Article 20. Responsibilities of Ministries and Sectors

1. Responsibilities of the Ministry of Construction

a) Uniform state management over urban greenery;

b) Submitting to the Government for issuance or issuing within its authority and guiding the implementation of legal documents on urban greenery management;

c) Guiding the establishment and management of costs for maintaining public greenery funded by the state budget;

d) Inspecting compliance with legal provisions on urban greenery management nationwide.

2. The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, and other relevant ministries and sectors within their functions, tasks, and powers shall cooperate with the Ministry of Construction in managing urban greenery.

Article 21. Responsibilities of the Provincial People's Committee

1. Uniformly manage greenery in cities within their province. Assign responsibilities to specialized agencies and delegate management authority to district-level People's Committees regarding urban greenery management within their jurisdictions;

2. Issue or delegate to district-level People's Committees the issuance of specific regulations on urban greenery management within their jurisdictions;

3. Based on government regulations, guidelines, and local socio-economic development conditions:

a) Organize and approve annual and five-year plans for investment and development of public greenery in urban areas;

b) Study and issue mechanisms and policies on investment, finance, and land use to encourage organizations and individuals to participate in urban greenery management, investment, and development of nurseries, parks, and flower gardens;

c) Specify the management and use of revenues from the felling and relocation of public greenery with revenue-generating potential;

4. Implement government documents on urban greenery management.

Article 22. Responsibilities of the People's Committee at the district level

1. Organize the implementation of urban green tree management within its jurisdiction according to the分级授权 of the People's Committee at the provincial level.

2. Issue specific regulations on urban green tree management within its jurisdiction according to the分级授权and organize inspections of compliance with these regulations.

3. Issue a list of trees for conservation, restricted planting trees, and prohibited planting trees within its jurisdiction according to the分级授权.

4. Select units to provide services related to urban green tree management within its jurisdiction according to the分级授权.

5. Organize annual statistics and establish a database on urban green trees within its jurisdiction and report to the Construction Department for monitoring and summarizing.

Article 23. Responsibilities of the Construction Departments of provinces and centrally governed cities

1. Advise and assist the People's Committee at the provincial level in performing state management functions regarding urban green trees within their jurisdiction.

2. Take the lead in drafting guiding documents on urban green tree management work, annual and five-year plans for investment in public green tree development to be submitted to the People's Committee at the provincial level for issuance.

3. Determine the list of planted trees, trees requiring conservation, dangerous trees, prohibited trees, and restricted trees within the jurisdiction to be submitted to the People's Committee at the provincial level for issuance.

4. Compile a database on urban green trees; guide, inspect, and evaluate urban green tree management within the province and report annually to the People's Committee at the provincial level and the Ministry of Construction.

Chapter V

IMPLEMENTATION

Article 24. Effective Date

This Decree takes effect from July 30, 2010.

Article 25. Implementation organization

1. The Ministry of Construction shall take the lead and coordinate with relevant ministries and sectors to be responsible for guiding and inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.