Decree No. 72/2012/NĐ-CP On Management and Shared Use of Infrastructure Technical Works

 DECREE

On management and common use of technical infrastructure works

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

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction dated June 19, 2009;

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

At the proposal of the Minister of Construction,

The Government promulgates this Decree on management and common use of technical infrastructure works.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the management and common use of technical infrastructure works in urban areas and encourages its application in non-urban areas.

2. Organizations and individuals involved in the management and common use of technical infrastructure works in urban areas must comply with the provisions of this Decree and other relevant laws.

Article 2. Interpretation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Common use of technical infrastructure works means organizations and individuals arrange and install telecommunications cables, power lines, and public lighting wires (referred to collectively as wires and cables); water supply pipes, drainage pipes, and energy supply pipes (referred to collectively as pipes) into common technical infrastructure works.

2. Common technical infrastructure works are works constructed for the arrangement and installation of wires and cables and pipes, including: Antenna towers; cable suspension poles (wires); cable conduits; trenches and technical ducts; urban roads; road tunnels; railway tunnels; underground culverts; road bridges and railway bridges.

3. The database on common technical infrastructure works includes descriptions, completion drawings; data on equipment, information on organizations and individuals participating in management and common use.

Article 3. Principles of management and common use of technical infrastructure works

1. Common technical infrastructure works are determined in planning; invested in and constructed according to planning to ensure synchronization, thereby enhancing the efficiency of land resource utilization, saving construction investment costs, ensuring landscape and environmental protection.

2. Organizations and individuals owning common technical infrastructure works have the responsibility to create conditions for organizations and individuals with wires, cables, and pipes to arrange into already constructed common technical infrastructure works as prescribed.

3. Organizations and individuals installing new wires, cables, and pipes have the responsibility to arrange them into already constructed common technical infrastructure works.

4. The installation and arrangement of new wires, cables, and pipes into already constructed common technical infrastructure works must include solutions to ensure the normal operation of existing systems.

5. Types of wires, cables, and pipes arranged and installed into common technical infrastructure works must bear identification marks as prescribed in Article 11 of this Decree.

6. Management and operation of common technical infrastructure works must comply with technical standards and regulations; technical provisions; ensure safety and urban aesthetics and be carried out through contracts prescribed in Articles 16 and 17 of this Decree.

Article 4. Technical Standards and Regulations on Common Technical Infrastructure Works

1. Organizations and individuals participating in activities related to planning, design, and construction of common technical infrastructure works must comply with the technical standards and regulations applicable to such works. In cases where there are no technical standards and regulations, foreign technical standards and regulations may be applied. The application of foreign technical standards and regulations must comply with the provisions of Vietnamese law on the application of technical standards and regulations in construction activities.

2. The Ministry of Construction and other Ministries within their respective functions and tasks assigned by the Government shall organize the development of technical standards and regulations on common technical infrastructure works and promulgate them within their authority.

Article 5. Inspection and Handling of Violations in the Management and Common Use of Infrastructure Engineering Works

Clause 1. State management agencies for construction at each level shall be responsible for inspecting, identifying violations in the management and common use of infrastructure engineering works, and handling such violations within their authority.

Clause 2. Organizations and individuals violating the provisions of this Decree shall be subject to handling according to the current laws depending on the severity of the violation.

Article 6. Prohibited Acts

Point 1. Constructing shared infrastructure engineering works without complying with urban planning; not in accordance with construction permits or without construction permits as prescribed.

Point 2. Installing power lines, cables, and pipes into shared infrastructure engineering works not in accordance with regulations.

Point 3. Obstructing participation in the common use of infrastructure engineering works as stipulated by this Decree and other relevant laws.

Point 4. Violating regulations on the management, exploitation, use, and maintenance of shared infrastructure engineering works.

Chapter II
URBAN PLANNING AND INVESTMENT DEVELOPMENT OF SHARED INFRASTRUCTURE ENGINEERING WORKS

Article 7. Requirements for Planning Work

Clause 1. Urban planning must determine shared infrastructure engineering works (alignment, location, and scale) to ensure consistency and synchronization in investment and construction management.

Clause 2. General urban planning must determine the alignment and scale of drainage pipe, trench, and technical tunnel works along main urban roads.

Clause 3. Zoning planning must determine the location, quantity, and scale of shared infrastructure engineering works from major roads up and be reflected in typical cross-sections.

Clause 4. Detailed planning must determine the location, quantity, and scale of shared infrastructure engineering works from internal roads up and be reflected in typical cross-sections.

Clause 5. For centrally-administered cities, specialized infrastructure engineering planning must determine project components in each field participating in shared infrastructure engineering works to ensure synchronization, serving as a basis for developing investment projects for construction works.

Clause 6. In the planning specified in Clauses 2, 3, and 4 of this Article, the number and types of power lines, cables, and pipes to be installed in shared infrastructure engineering works must be determined.

Clause 7. For existing cities that have approved urban planning but lack the contents specified in Clauses 2, 3, 4, and 5 of this Article, they must be supplemented immediately when adjusting the planning. In cases where shared infrastructure works are not included in the urban planning, opinions of local state management agencies on planning must be obtained when investing in construction.

Clause 8. For existing cities, based on surveying and evaluating existing infrastructure engineering works, solutions for renovation, upgrading, and new construction should be proposed to ensure continuity and meet the needs of common use in the planned area.

Article 8. Investment and Construction of Shared Infrastructure Engineering Works

Clause 1. For new cities and new urban areas, investors are responsible for synchronously investing in and constructing shared infrastructure engineering works according to approved planning by competent authorities.

Clause 2. For existing cities, People's Committees of cities, towns, and townships at each level of management must develop plans to gradually invest in new construction, renovation, and upgrading of shared infrastructure engineering works.

Clause 3. For other areas, it is encouraged to invest in constructing shared infrastructure engineering works to ensure connectivity, ease of exploitation and use, and safety.

Clause 4. The State encourages various economic sectors to participate in investing in constructing shared infrastructure engineering works through appropriate forms of investment and provides support and incentives for organizations and individuals investing in constructing shared infrastructure engineering works.

Clause 5. The Ministry of Planning and Investment, in coordination with the Ministry of Finance, shall guide the implementation of support policies and incentives for organizations and individuals investing in constructing shared infrastructure engineering works.

Article 9. Sources of capital for constructing shared technical infrastructure projects

1. State budget funds.

2. Credit guaranteed by the State.

3. State development investment credit.

4. ODA funds, foreign aid funds.

5. Capital from domestic and foreign investors.

6. Other lawful sources of capital.

Provincial People's Committees shall have policies to mobilize resources to invest in constructing shared technical infrastructure projects within their jurisdiction.

Article 10. Ownership of shared technical infrastructure projects

1. The People's Committees of cities, towns, and townships at the level of management are the owners of shared technical infrastructure projects including:

a) Shared technical infrastructure projects funded from local budget sources;

b) Projects handed over from organizations and individuals who invested in constructing shared technical infrastructure projects after the expiration of the specified management and exploitation period.

2. Organizations entrusted with managing and using central government budget funds to construct shared technical infrastructure projects are the owners and managers of such projects until they are transferred to local authorities according to regulations.

3. Organizations and individuals investing in new urban areas and new urban zones are the owners and managers of shared technical infrastructure projects until they are transferred according to regulations.

4. Organizations and individuals are the owners of shared technical infrastructure projects they themselves invested in until they are transferred according to regulations.

5. Owners of shared technical infrastructure projects must comply with regulations on the common management and use of shared technical infrastructure projects issued by provincial People's Committees.

Chapter III
SHARED USE OF TECHNICAL INFRASTRUCTURE PROJECTS

Article 11. Regulations on identification marks for types of power lines, cables, and pipelines in shared technical infrastructure projects

1. Identification marks for types of power lines, cables, and pipelines are basic information uniformly displayed through symbols and colors as prescribed to identify and distinguish each type of power line, cable, and pipeline installed in shared technical infrastructure projects.

2. Basic information of identification marks includes ownership; nature and type of power lines, cables, and pipelines.

3. Units installing power lines, cables, and pipelines in shared technical infrastructure projects are responsible for marking identification marks according to regulations.

4. The Ministry of Construction shall take the lead and coordinate with the Ministry of Industry and Trade and the Ministry of Information and Communications to prescribe regulations on identification marks for power lines, cables, and pipelines installed in shared technical infrastructure projects.

Article 12. Joint use of utility conduits, trenches, and ducts

1. Types of projects participating in joint use of utility conduits, trenches, and ducts:

a) Projects jointly using utility conduits include: Telecommunication cables, power lines, and public lighting cables;

b) Projects jointly using utility trenches include: Telecommunication cables, power lines, and public lighting cables; water supply pipelines; energy supply pipelines;

c) Projects jointly using utility ducts include: Telecommunication cables, power lines, and public lighting cables; water supply pipelines; energy supply pipelines; sewage pipelines (if applicable).

2. Joint use of utility conduits, trenches, and ducts must comply with current technical standards and ensure technical requirements.

3. Power lines, cables, and pipelines must be installed in the correct positions, ensuring structural integrity and marked with identification marks as prescribed, while also ensuring convenience in management, operation, and maintenance.

Article 13. Joint use of urban roads; road tunnels; railway tunnels; underground culverts; road bridges and railway bridges

1. The construction of power lines, cables, and pipelines; cable suspension poles (wires); cable culverts; technical trenches when jointly using must be suitable for each type of urban road; road tunnel; railway tunnel; underground culvert; road bridge and railway bridge.

2. The design and construction of urban roads; road tunnels; railway tunnels; underground culverts; road bridges and railway bridges must comply with planning, standards, and technical regulations and have appropriate technical solutions to arrange and install power lines, cables, and pipelines.

3. The joint use of existing urban roads; road tunnels; railway tunnels; underground culverts; road bridges and railway bridges must comply with the provisions of this Decree and obtain the agreement of the management authority of the works, while ensuring traffic safety, safety of the works, and urban aesthetics.

Article 14. Joint use of antenna towers and cable suspension poles (wires)

1. Types of works and equipment using antenna towers and cable suspension poles (wires):

a) Equipment using antenna towers includes radio communication devices;

b) Works using cable suspension poles (wires) include: Telecommunication cables, power cables, and public lighting cables.

2. The joint use of antenna towers and cable suspension poles (wires) must ensure load-bearing capacity, safety, and urban aesthetics.

3. Cables, wires, and equipment must be installed in the correct position, meeting technical requirements, and having recognizable markings as prescribed.

Article 15. Selection of entities managing and operating shared infrastructure works

1. For shared infrastructure works funded from the state budget, the selection of management and operation entities shall comply with current laws.

2. Organizations and individuals investing in shared infrastructure works directly manage and operate them or hire management and operation entities through management and operation contracts as stipulated in Article 16 of this Decree.

Article 16. Management and operation contracts for shared infrastructure works

1. The management and operation of the following works shall be carried out through management and operation contracts:

a) Antenna towers;

b) Cable suspension poles (wires);

c) Cable culverts;

d) Technical trenches and conduits.

2. The management and operation contract provided for in Clause 1 of this Article shall be signed between the owner and the entity managing and operating the shared infrastructure works.

3. The Ministry of Construction shall issue model management and operation contracts for shared infrastructure works.

Article 17. Shared use contracts for infrastructure works

1. The joint use of the following works shall be carried out through shared use contracts:

a) Antenna towers;

b) Cable suspension poles (wires);

c) Cable culverts;

d) Technical trenches and conduits;

e) Road tunnels; railway tunnels; underground culverts; road bridges and railway bridges.

2. The shared use contract provided for in Clause 1 of this Article shall be signed between the owner or the management and operation entity authorized by the owner and organizations or individuals requiring use.

3. The Ministry of Construction shall issue model shared use contracts for infrastructure works.

Article 18. Rent prices for shared infrastructure works

1. Principles for determining rent prices

a) Rent prices for shared infrastructure works must accurately cover all investment construction costs; management and operation costs, maintenance, and repair costs; other costs as prescribed by law; be linked to service quality; be consistent with policies, economic-technical norms, and cost norms issued by competent authorities;

b) In cases where organizations or individuals invest in constructing shared infrastructure works for business purposes through leasing, the rent price shall be determined based on the aforementioned costs and reasonable profit.

2. Basis for determining rent prices

a) Production and service supply costs;

b) Supply and demand relations, market prices;

c) Price changes and government policies;

d) Local socio-economic development conditions.

3. Management of rent prices

a) The Ministry of Finance, in coordination with the Ministry of Construction, shall guide mechanisms, principles for controlling prices, and methods for determining rent prices; prescribe exemptions and reductions in rent prices for public welfare activities related to national defense and security according to the law;

b) Provincial People's Committees shall determine unified rent prices for shared infrastructure works funded from the state budget on their territories based on the provisions of Clause 1 and Clause 2 of this Article and the method for determining rent prices as guided by the Ministry of Construction and the Ministry of Finance;

c) Organizations and individuals shall determine rent prices for shared infrastructure works they have invested in (outside the state budget) based on the provisions of Clause 1 and Clause 2 of this Article and the method for determining rent prices as guided by the Ministry of Construction and the Ministry of Finance, and agree with organizations or individuals requiring use; at the same time, they shall register prices according to the law on price management. In case the parties cannot agree on the rent price, the competent state authority shall organize price negotiation according to the law on price management.

Chapter IV
RESPONSIBILITIES AND LIMITATIONS OF ORGANIZATIONS AND INDIVIDUALS IN THE MANAGEMENT AND JOINT USE OF INFRASTRUCTURE WORKS

Article 19. Responsibilities and Authorities of the Owner

1. Organize and select units to manage and operate the common technical infrastructure works in accordance with current regulations and sign management and operation contracts for such works.

2. Directly or authorize the managing and operating unit to sign usage contracts with organizations and individuals requiring to use the common technical infrastructure works.

3. Exercise rights and fulfill responsibilities towards the managing and operating unit; towards organizations and individuals participating in the common use of technical infrastructure works according to signed management and usage contracts.

4. Develop plans for renovating, repairing, and upgrading common technical infrastructure works.

5. Require the managing and operating unit to construct, manage the data system, and provide information on common technical infrastructure works in accordance with this Decree and relevant laws.

6. Propose competent state agencies to consider amending and supplementing technical standards and norms related to common technical infrastructure works.

7. Implement reporting procedures to competent state management agencies as prescribed.

Article 20. Responsibilities and Authorities of the Managing and Operating Unit

1. Must have a staff of officers and workers with sufficient capacity; necessary technical equipment and tools to meet the requirements and tasks of managing and operating technical infrastructure works.

2. Sign contracts with organizations and individuals requiring to use common technical infrastructure works within their authority or upon authorization from the owner.

3. Exercise rights and fulfill responsibilities towards the owner; towards organizations and individuals participating in the common use of technical infrastructure works according to signed management and usage contracts.

4. Adhere to regulations on managing and operating common technical infrastructure works stipulated in this Decree and other relevant laws. Develop and promulgate specific operational procedures for managing and operating assigned common technical infrastructure works.

5. Regularly inspect and evaluate the operational status of common technical infrastructure works. Address incidents promptly and have the responsibility to timely inform related parties to cooperate in handling and rectifying issues.

6. Implement and notify related units to coordinate in executing plans for renovating, repairing, and upgrading common technical infrastructure works.

7. Construct, exploit, and manage databases. Report regularly on the management and operation situation to competent authorities as prescribed.

Article 21. Rights and Responsibilities of Organizations and Individuals Participating in Common Usage

1. Exercise rights and fulfill responsibilities towards the owner or the managing and operating unit according to signed usage contracts.

2. Comply with regulations on common usage management of technical infrastructure works stipulated in this Decree and other relevant laws.

3. Provide information on shared pipelines, cables, and equipment and receive relevant information about common technical infrastructure works as prescribed.

4. Promptly notify the managing and operating unit when abnormal phenomena that may cause incidents are discovered, and must have the responsibility to promptly coordinate with the managing and operating unit and related units to handle and resolve incidents.

5. Coordinate with the managing and operating unit to organize the dismantling and removal of pipelines, cables, and equipment needing upgrades or replacements from common technical infrastructure works.

Article 22. Responsibilities of Ministries and ministerial-level agencies

1. Responsibilities of the Ministry of Construction

a) Be responsible for state management over the common use of technical infrastructure works in urban areas throughout the country;

b) Coordinate with other ministries, ministerial-level agencies, and provincial People's Committees to guide, monitor, and inspect the implementation of legal provisions on the common use of technical infrastructure works.

Article 23. Responsibilities of ministries and ministerial-level agencies

Within their respective tasks and authorities, ministries and ministerial-level agencies shall coordinate with the Ministry of Construction; relevant ministries and sectors, and provincial People's Committees to guide, monitor, and inspect the implementation of the provisions of this Decree.

Article 23. Responsibilities of Provincial People's Committees

Article 24. Provincial People's Committees shall uniformly manage state affairs regarding the common use of technical infrastructure works, assign tasks to specialized agencies, and delegate responsibilities to municipal People's Committees within their jurisdiction.

Issue detailed regulations on management and delegated management of the common use of technical infrastructure works within their jurisdiction according to their authority.

Direct the integration of common use when planning the development of shared technical infrastructure works within their management area.

Mobilize investment capital from other economic sectors to participate in the construction of shared technical infrastructure works.

Issue mechanisms and policies to encourage organizations and individuals with sufficient capacity as prescribed by law to participate in the construction, management, and operation of shared technical infrastructure works.

Take the lead and coordinate with relevant ministries and sectors to resolve disputes over the common use of technical infrastructure works within their jurisdiction according to the provisions of the law.

Organize the dissemination and implementation of legal regulations concerning the management of the common use of technical infrastructure works within their jurisdiction.

Article 25. Responsibilities of local specialized agencies

Article 1. Responsibilities of the Department of Construction

a) Lead and coordinate with related specialized agencies to draft regulations on the management of the common use of technical infrastructure works for submission to the provincial People's Committee for issuance according to their authority;

b) Aggregate, store database information, provide information on the common use of technical infrastructure works; report on the management of the common use of technical infrastructure works to the provincial People's Committee and the Ministry of Construction as prescribed;

c) Guide, inspect, and handle violations of the management of the common use of technical infrastructure works within their jurisdiction according to their authority.

Article 2. Responsibilities of other local specialized agencies: Coordinate with the Department of Construction to implement state management over the common use of technical infrastructure works according to the functions and tasks assigned by the provincial People's Committee.

Chapter V
IMPLEMENTATION

Article 25. Effective Date

This Decree takes effect from November 10, 2012.

Article 26. Implementation

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