Decree No. 79/2009/ND-CP on Urban Lighting Management

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates activities related to urban lighting and encourages its application in areas outside urban areas throughout the country.

2. Organizations and individuals, both domestic and foreign, engaged in urban lighting activities 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 lighting activities include: planning, investment in development and organization of urban lighting; management and operation of public urban lighting systems.

2. Urban lighting includes: lighting of transportation works; lighting of public spaces; lighting of the exterior of buildings; lighting for advertising, decoration, and festival areas; lighting within the premises of buildings owned, managed, and used by organizations and individuals.

3. Public urban lighting system includes lighting of transportation works and lighting of public spaces in urban areas.

4. Management and operation of public urban lighting systems refer to activities related to investment, upgrading, renovation, maintenance, repair, and development of public urban lighting systems.

5. Urban administration means People's Committees of centrally governed cities; cities, provincial-level towns, and centrally governed city-level towns; and townships under counties.

Article 3. Principles of management and policies for urban lighting development

1. Urban lighting is a primary technical infrastructure sector of urban areas that is uniformly managed and has specific responsibilities and authorities divided according to the provisions of the law.

2. Urban lighting must use electricity efficiently, safely, protect the environment, and comply with technical standards.

3. Urban lighting must be planned; the development and investment in urban lighting must follow the approved urban plan or urban lighting plan.

4. The State is responsible for building a strategy for urban lighting development aimed at investing in construction and continuously improving the efficiency of operations, ensuring the quality of urban lighting, gradually modernizing, and developing sustainable urban areas.

5. The State encourages organizations and individuals from all economic sectors, both domestic and foreign, to participate in investment, production, and use of high-efficiency, energy-saving lighting products.

6. When repairing, replacing, or installing new light sources and lighting equipment in construction works and urban lighting facilities using state budget funds, energy-efficient light sources and lighting equipment certified with an energy-saving product certificate or labeled with an energy-saving label issued by the competent authority according to the law must be used.

Article 4. General requirements for urban lighting design, construction, and maintenance

1. Urban lighting design:

a) Comply with technical standards on urban lighting for each type of work or area being lit;

b) Ensure decorative elements, aesthetics, and suitability with the function of each work or area being lit;

c) Include solutions for using high-efficiency, energy-saving light sources and equipment in the design of each work or area being lit.

2. Construction and installation of urban lighting works must be carried out strictly according to the approved design; during construction, safety, convenience, and compliance with construction project management regulations must be ensured.

3. Maintenance and repair work must ensure stable operation of the urban lighting system; achieve high lighting efficiency, energy savings, and safety for those managing, operating, and using it.

Article 5. Standards and technical regulations on urban lighting

1. The Ministry of Construction shall organize the development of national standards and promulgate technical regulations on urban lighting.

2. Ministries and sectors within their assigned functions and tasks by the Government shall study and propose national standards, and issue relevant technical regulations concerning urban lighting.

3. Organizations and individuals operating in the field of urban lighting shall apply national standards and comply with technical regulations on urban lighting issued by competent state agencies.

Article 6. Protection of public urban lighting systems

1. Management and operation units shall be responsible for protecting the assets of public urban lighting systems (light sources, lighting equipment, power lines, poles, electrical cabinets, control systems, and other electrical devices) within their assigned areas.

2. All organizations and individuals shall fulfill the provisions on protecting public urban lighting systems, promptly detect, prevent, and report to competent authorities any violations of regulations regarding the protection and use of public urban lighting systems.

Article 7. Propaganda, dissemination, and legal education on urban lighting

Ministries, sectors, People's Committees at all levels, political organizations, and occupational social organizations within their assigned functions and tasks shall be responsible for propagating, disseminating, educating, and mobilizing the people to use electricity for lighting safely and for intended purposes; using high-efficiency energy-saving lighting products; and strictly complying with legal regulations on urban lighting.

Article 8. Prohibited Acts

1. Designing and constructing urban lighting projects that do not conform to urban planning or urban lighting planning, or approved designs.

2. Implementing urban lighting activities contrary to regulations.

3. Using power supplied to the urban lighting system for other purposes.

4. Stealing urban lighting equipment.

5. Misusing lighting to affect the environment, human health, safety, and urban aesthetics.

6. Producing or importing light sources and lighting equipment that do not meet prescribed technical regulations.

7. Managing and operating public urban lighting systems contrary to regulations.

8. Other violations as stipulated by law.

Chapter II

URBAN LIGHTING PLANNING

Article 9. General Provisions on Urban Lighting Planning

1. Urban lighting planning is a component of urban planning, established, reviewed, approved, and managed in accordance with laws on urban planning.

2. For centrally-administered cities, urban lighting planning must be organized. For other cities with approved urban planning, supplementary urban lighting planning may be conducted before the next adjustment period, subject to approval by the provincial People's Committee.

Article 10. Requirements for Urban Lighting Planning

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

2. Consistent with natural conditions, economic and social characteristics, nature, function, and specific features of each city.

3. Ensuring synchronization with infrastructure technical works and compatibility with illuminated areas and structures.

4. Complying with technical regulations and standards on urban lighting.

5. Ensuring the purpose of energy-efficient and effective lighting usage.

Article 11. Content and documentation of urban lighting planning

1. Basic content of urban lighting planning:

a) Surveying and evaluating the current status of the urban lighting system;

b) Determining economic and technical indicators for urban lighting;

c) Drafting urban lighting needs;

d) Proposing urban lighting planning schemes;

đ) Proposing priority investment projects; organizational and implementation solutions for urban lighting planning.

2. Documentation includes comprehensive drawings and descriptions.

3. The Ministry of Construction shall specify the content and documentation of urban lighting planning in detail.

Chapter III

URBAN LIGHTING ORGANIZATION

Article 12. Requirements for organizing urban lighting

1. Compliance with urban planning or approved urban lighting planning.

2. Compliance with regulations on urban lighting management.

3. Ensuring lighting functions for nighttime activities in the city, contributing to enhancing the appearance and aesthetics of the city, and ensuring energy efficiency.

Article 13. Lighting of urban traffic works

1. Ensuring lighting functions, positioning, and guidance for safe nighttime operation of traffic participants. Quantitative and quality lighting standards must comply with technical standards for urban lighting specified for each type of traffic work.

2. New construction, upgrading, and renovation of traffic works must be synchronized with urban lighting works.

3. Lighting of streets, sidewalks, alleys, bridges, intersections, parking lots, bus stops within the city must meet the requirements of urban planning or urban lighting planning, be aesthetically pleasing, and harmonize with architectural space and surrounding landscape.

4. Lighting in alleys and narrow streets must be suitable for actual conditions; contributing to ensuring security, order, and civility in residential areas.

5. Lighting of road tunnels and pedestrian tunnels must comply with technical standards, meeting requirements for guidance and timely detection of obstacles, ensuring safety, preventing fires and explosions, and having backup light sources.

Article 14. Lighting of public spaces in the city

1. Parks, flower gardens, squares, areas along lakes, riversides, seaside areas, and politically, historically, and culturally significant public spaces in the city shall be lit according to approved urban planning or urban lighting planning.

2. Lighting solutions for public spaces must enhance the aesthetic appeal of urban space, harmonizing elements such as greenery, grass, flower beds, water surfaces with architectural structures, monuments, fountains, and other works.

3. Units responsible for managing and operating, or organizations and individuals responsible for managing and utilizing public areas in the city must organize lighting in accordance with municipal regulations.

Article 15. Lighting of exterior surfaces of buildings in the city

1. Architectural and construction works; historical and cultural heritage sites, sports facilities; television towers; antennas for receiving and transmitting signals that create focal points or directly impact the city's architectural appearance and landscape must have their exterior or part of their exterior surfaces illuminated.

2. Depending on function, scale, architectural characteristics, height, and aesthetic requirements, exterior lighting of buildings must create distinctive highlights and images, while harmonizing with lighting of traffic works; public spaces, and surrounding buildings.

3. Owners or managers and users of the works mentioned in Clause 1 of this Article are responsible for organizing lighting in accordance with municipal regulations.

Article 16. Lighting of the premises surrounding construction works owned, managed, and used by organizations and individuals

1. Depending on their location, lighting of the premises surrounding construction works must ensure requirements for aesthetics, security, economy, and effectiveness, combining lighting of the premises with lighting of other works within the premises or adjacent areas.

2. The premises surrounding administrative agencies' offices and the premises surrounding construction works owned, managed, and used by organizations and individuals at important locations in urban areas shall be organized according to urban authority regulations.

Article 17. Lighting for advertising, decoration, and areas serving festivals

1. For lighting for advertising and decoration:

a) Comply with technical standards, provisions of the Advertising Ordinance, and other relevant urban lighting management regulations;

b) Ensure safety, urban aesthetics, prohibit excessive use of lighting for advertising and decoration that affects traffic activities and other urban activities.

2. For lighting areas serving festivals:

a) Ensure diversity, uniqueness, and high aesthetic value of the areas being lit;

b) Ensure safety for people and space usage, prevent fire and explosion;

c) Ensure ease and convenience during installation, operation, and dismantling.

3. Lighting for advertising, decoration, and areas serving festivals must use energy-efficient light sources and equipment.

4. Socialization should be implemented in organizing lighting for advertising, decoration, and areas serving festivals.

5. Urban authorities, based on their level of management, permit lighting for advertising, decoration, and areas serving festivals suitable to the position and scale of each specific work or area in the city.

Chapter IV

INVESTMENT AND DEVELOPMENT OF URBAN LIGHTING

Article 18. Sources of capital for developing urban lighting

1. Programs and projects for urban lighting are invested from state budget funds, credit funds, foreign aid funds, and other sources of organizations and individuals.

2. The State encourages all economic sectors to participate in investing in the development of the entire or part of the public urban lighting system in accordance with approved urban planning or urban lighting planning.

Article 19. Investment Development Plan for Public Urban Lighting

1. The investment development plan for public urban lighting must be consistent with approved urban planning or urban lighting planning.

2. The annual investment development plan for public urban lighting includes solutions and plans for new construction, renovation, replacement, maintenance, upgrading the quality of lighting, and developing human resources.

3. The investment development plan for public urban lighting and its funding must be included in the annual economic and social development program of the city.

Article 20. Incentives and Support for Developing Urban Lighting

1. Prioritize the use of preferential financial sources or interest rate support for modernizing production lines of high-efficiency energy-saving lighting products.

2. Tax incentives for raw materials imported which are not yet produced domestically for manufacturing high-efficiency energy-saving lighting products.

3. Support investment from the state budget and mechanisms to mobilize community contributions for the construction, renovation, and upgrading of lighting in alleys and streets within urban areas.

4. Support research and application of advanced technologies and techniques in urban lighting; training and enhancing capacity in managing and operating public urban lighting systems;

5. Other incentives and supports as prescribed by law.

Article 21. Owner of Urban Public Lighting Systems

1. The urban administration at the level of management delegation shall be the owner of urban public lighting systems including:

a) Urban public lighting systems invested with state budget funds;

b) Receiving handover from organizations or individuals who have invested capital to construct public lighting projects or urban public lighting systems after the usage period has expired according to regulations.

2. Business organizations and new urban development developers shall be the owners, managers, and operators of urban public lighting systems within their managed areas until they hand over according to regulations.

3. Organizations and individuals who are the owners of urban public lighting systems that self-invest capital until they hand over according to regulations.

4. Owners of urban public lighting systems must comply with urban lighting management regulations issued by the urban administration.

Chapter V

MANAGEMENT AND OPERATION OF URBAN PUBLIC LIGHTING SYSTEMS

Article 22. Units managing and operating urban public lighting systems

1. Units managing and operating urban public lighting systems must have sufficient capacity in terms of staff and workers; necessary technical equipment and means to fulfill the requirements and tasks of management and operation work.

2. The selection of units managing and operating urban public lighting systems shall be carried out through one of the forms of tendering, ordering, or assigning plans. Based on specific conditions in the locality, the urban administration at the level of management delegation decides to select suitable units for managing and operating urban public lighting systems.

3. Management and operation of urban public lighting systems through tendering, ordering, or assigning plans shall be implemented through management and operation contracts.

4. The management and operation contract is a document signed between the urban administration at the level of management delegation and the selected unit to manage and operate urban public lighting systems. The Ministry of Construction promulgates the model of management and operation contract for urban public lighting systems.

Article 23. Content of management and operation of urban public lighting systems

1. Implement urban public lighting organization in accordance with technical procedures for lighting, ensuring safety and energy efficiency, fire prevention, and explosion prevention, and the operational time of urban public lighting systems according to regulations.

2. Develop annual plans for constructing, replacing, renovating, and maintaining urban public lighting systems, and organize implementation according to approved plans.

3. Regularly inspect and evaluate the quality of light sources and equipment of urban public lighting systems to propose timely repair and replacement solutions.

4. Protect urban public lighting systems.

Article 24. Rights and responsibilities of units managing and operating urban public lighting systems

1. Rights of managing and operating units:

a) To be paid all costs as stipulated in the contract;

b) To request competent state agencies to consider amending and supplementing technical standards and specifications related to urban public lighting;

c) To participate in opinions on the planning of urban lighting in the assigned management area; participate in scientific research; implement consulting, design, and construction services for urban lighting; study and apply new technologies in urban public lighting, in the management and operation of urban public lighting systems.

2. Responsibilities of managing and operating units:

a) To ensure the fulfillment of tasks; management and operation regulations committed to in the contract;

b) To report regularly to the urban administration and specialized agencies about the management and operation of urban public lighting systems assigned to them;

c) To organize the implementation of approved urban public lighting development investment plans;

d) To manage assets invested with state budget funds according to contracts signed with the urban administration;

đ) To protect urban public lighting systems in the assigned management area.

Chapter VI

RESPONSIBILITIES FOR URBAN LIGHTING MANAGEMENT

Article 25. Responsibilities of Provincial People's Committees

1. Unified management of urban lighting in the province's territory. Assign responsibilities to specialized agencies and delegate management authority to urban administrations regarding urban lighting management in their respective territories.

2. Issue or delegate to urban administrations the issuance of detailed regulations on urban lighting management.

3. Based on national regulations and guidance, and the socio-economic development conditions of the locality, study and issue preferential mechanisms and policies to support the development of urban lighting in their managed areas appropriately.

4. Organize the dissemination and implementation of government documents on urban lighting management.

Article 26. Responsibilities of Urban Administration Authorities

1. Organize the implementation of urban lighting management within their jurisdiction according to the分级制度的省级人民政府。

2. Issue specific regulations on urban lighting management according to the分级制度，specifying the responsibilities of organizations and individuals participating in urban lighting organization; regulations on the management and operation of public lighting systems within their jurisdiction; and organize inspections for compliance with these regulations.

3. Establish a database on urban lighting to support lighting management work within their jurisdiction.

Chapter VII

IMPLEMENTATION

Article 27. Effective Date

This Decree takes effect from November 19, 2009.

Article 28. Implementation Organization

1. The Minister of Construction shall coordinate with relevant ministries and sectors to be responsible for guiding, monitoring, and inspecting the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.