Nghị định 41/2007/ND-CP

DECREE

ON URBAN UNDERGROUND 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;
At the proposal of the Minister of Construction,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope and subjects of application

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

2. The urban underground construction in Vietnam shall comply with the provisions of the Construction Law, the provisions of this Decree and relevant documents guiding the Construction Law.

3. This Decree applies to domestic and foreign organizations and individuals conducting activities relating to urban underground construction in Vietnam.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Urban underground construction means the construction related to urban underground works.

2. Urban underground works mean those built underground in urban centers, including underground infrastructures, underground traffic works; underground public works and underground sections of construction works.

3. Underground technical infrastructures include water supply pipelines, energy supply works, water drainage facilities; electricity supply works, communication cables; ditches, technical tunnels and technical infrastructure hubs built underground.

4. Underground traffic works mean those in service of traffic, built underground.

5. Underground public works mean those in service of public activities, built underground.

6. Underground sections of construction works include basement floors (if any) and construction works' sections built underground.

7. Technical ditches mean underground sewers of appropriate sizes for installation of cables, technical tubes.

8. Technical tunnels mean tunnels for installation of systems of cable, technical tubes. Technical tunnels must meet the requirements on air ventilation, lighting, fire and explosion prevention and fighting, water drainage and be large enough for people to perform the tasks of work installation, repair and maintenance.

9. Urban underground space means the space created underground for use for the purpose of construction of urban underground works.

10. Urban underground construction planning means the organization of underground construction space with a view to rationally and efficiently exploiting and using the underground space to meet the urban development demands.

Article 3. Provisions on the use of urban underground space

1. The use of urban underground space for construction of underground works is determined according to construction permits.

2. The use of urban underground space for construction of underground works shall be permitted by competent authorities and comply with the following regulations:

a) To be in line with urban construction plannings approved by competent authorities. If underground works are yet identified in the construction plannings, there must be the consent of competent state bodies in charge of construction planning after the concerned local state management agencies give their opinions.

b) Not to construct works beyond the identified construction line limits or the land plot boundaries. When there is a need to construct works beyond the identified construction line limits or the land plot boundaries (excluding the technical connections of underground cable or pipe systems), the permission of provincial-level People's Committees is required.

c) The works' depth and horizontal distance must not affect the safety, management, exploitation and use of adjacent works, above ground works as well as works already specified or projected in the construction plannings.

Article 4. Application of urban underground construction norms and standards

1. The application of urban underground construction norms and standards shall comply with the regulations on technical standards and norms.

2. The Ministry of Construction promulgates norms on underground work construction, standards on construction of public works, underground technical infrastructures.

3. Ministries managing specialized construction works shall base on the underground work construction norms to promulgate standards on construction of specialized underground works falling under their respective management.

Article 5. Supports and preferences for investment in construction of urban underground works

1. The State encourages organizations and individuals to invest in the construction, commercial exploitation of underground public works, underground traffic works and underground technical infrastructures in appropriate forms of investment.

2. Organizations and individuals investing in the construction of works specified in Clause 1 of this Article are given the following supports and preferences:

a) Land use tax exemption or reduction.

b) Partial support in compensation funding for clearance of underground space and grounds related to underground works.

c) Access to preferential financial sources.

d) Investment supports and preferences according to the provisions of law on investment.

Article 6. Archive of urban underground work dossiers

1. The dossiers on completed urban underground works shall be archived according to the legal provisions on archive.

2. Local state management bodies in charge of construction shall manage the dossiers on designs of urban underground works, supply information on urban underground works to organizations or individuals at their requests according to the provisions of law.

Article 7. Prohibited acts

1. Building urban underground works in areas where construction is banned; building such works in regions highly prone to geotechnical problems, affecting the safety of underground works.

2. Building urban underground works in contravention of construction plannings, or designs already approved by competent authorities, building such works without permits or in contravention of construction permits.

3. Encroaching upon the underground works protection scope.

4. Participating in underground construction while failing to fully meet the conditions on capabilities as provided for by the law on construction.

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

6. Other acts of violating the legal provisions on construction.

Chapter II

URBAN UNDERGROUND CONSTRUCTION PLANNING

Article 8. General provisions on urban underground construction

1. The urban underground construction planning constitutes part of the urban construction planning and is elaborated, appraised, approved and managed according to the legal provisions on construction planning.

2. The approved urban underground construction planning serves as a basis for subsequent urban underground construction activities.

3. The planning for construction of urban centers with a population of over one million each must covers the planning on metro systems.

4. The planning for construction of new urban centers, new cities, new thoroughfares in old urban centers must covers the plannings on systems of tunnels, technical ditches for installation of cables, technical tubes. For old cities, there must be plans on construction of tunnels, technical ditches for incrementally laying underground of cable works, technical tubes.

5. For cities of grade II or higher, for which the construction plannings have been already approved, additional planning on underground construction must be elaborated. For remaining urban centers, the elaboration of additional planning on underground construction before the time the construction planning is adjusted shall be considered and decided by provincial-level People's Committees according to practical local demands.

Article 9. Requirements on urban underground construction planning

1. To ensure the rational, thrifty and efficient use of land.

2. To ensure compatible, synchronous and safe connection among underground works as well as between underground works and aboveground works.

3. To ensure the requirements on protection of the environment and underground water sources.

4. To closely combine with the requirements on security and defense; at the same time to ensure safety for and confidentiality of security and defense works.

Article 10. Contents of urban underground construction planning

1. For urban construction overall planning:

a) Analysis and assessment of the natural geotechnical and hydro-geological conditions, which are related to the underground construction; the current situation of construction of underground technical infrastructure networks and areas using urban underground space.

b) Forecast of demands for development and use of underground space.

c) Forecast of positions of spatial connection of underground works.

d) Forecast of locations and sizes of underground public and traffic works and technical infrastructures.

e) Identification of areas where construction of underground works is banned or restricted.

f) Determination of safety protection areas for underground traffic works.

2. For urban construction detailed planning:

a) Analysis and assessment of current situation on construction of underground works.

b) Specific identification of locations and sizes of underground public, traffic works and technical infrastructures.

c) Determination of positions of spatial connection and technical connection of works.

Article 11. Dossiers on urban underground construction planning

Dossiers on urban underground construction planning constitute part of the dossiers on urban construction planning blueprints; the additional dossiers are as follows:

1. Drawings:

a) For urban construction general planning:

- The map on current status of construction areas and the use of underground space;

- The map on areas zoned off for construction of urban underground works.

b) For urban construction detailed planning:

- The map on current situation of underground work construction;

- The map on underground work construction planning.

The scales of the above maps comply with the provisions of law on urban construction planning.

2. General report on additional explanations and legal documents relating to the construction of underground works.

Chapter III

CONSTRUCTION AND MAINTENANCE OF URBAN UNDERGROUND WORKS

Article 12. Permits for construction of urban underground works

1. Before starting the construction of underground works, investors must obtain construction permits, according to regulations. The application for and grant of construction permits shall comply with relevant legal provisions and the provisions of this Decree.

2. Conditions for grant of permits for construction of underground works:

a) Observance of provisions of the legal documents guiding the implementation of the Construction Law.

b) Satisfaction of the requirements specified in Clause 2, Article 3 of this Decree.

c) Assurance of safety for underground works, adjacent works and above ground works, and safety for humans and communities.

d) Satisfaction of requirements on air ventilation, lighting, water drainage, fire and explosion prevention and fighting, emergency exit, rescue, salvage and environmental protection.

e) Minimization of the impacts of underground construction on normal urban activities.

3. The underground sections of construction works are granted construction permits together with construction works and the construction permits must clearly state the scope of the underground sections of the works, the number of basement floors and the depth of the basement floors.

4. For underground public works, underground traffic works and underground technical infrastructures:

a) The dossier of application for an urban underground work construction permit includes:

- The application for construction permit.

- The copy of one of the papers on land use rights or the written document of a competent state body permitting the use of underground space.

- The design drawing demonstrating the position, ground, cross section, typical elevation; ground and depth of foundations of the work; diagram of the work location or line; the plan on the system and points of technical connection, spatial connection and photos of the current status (for repaired, renovated works, construction permits are required).

- The agreements on technical connections and spatial connections.

- Technical solutions to the assurance of safety for humans, works, adjacent works and above ground works, construction means and other public activities.

- The written commitment to restore the surface ground according to regulations.

b) Principal contents of the permits for construction of urban underground works:

- The location and position of work or underground work construction line.

- Type of work.

- The boundary of the land plot on the ground.

- The construction boundary of underground work.

- The floor space of the work (excluding lined underground works).

- The maximum depth of the work and the depth of each basement floor.

- The position of work connections.

c) The permits for construction of underground public works, underground traffic works and underground technical infrastructures are made according to a set form in the appendix to this Decree (not printed herein).

d) Provincial-level People's Committees shall grant or authorize directors of provincial Construction Services to grant permits for construction of urban underground works in geographical areas under their respective management.

Article 13. Requirements on connection of urban underground works

1. Technical connections

The connection of underground works with common urban technical infrastructures must ensure the following requirements:

a) The technical connection positions are in line with construction plannings.

b) Satisfying the use requirements of each work.

c) Satisfying the synchronism requirements.

d) Satisfying the technical requirements prescribed for each type of work.

2. Spatial connection

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

a) The spatial connection positions comply with the construction plannings.

b) Ensuring safety for works.

c) Ensuring convenience for use and emergency exit when necessary.

3. Connection agreement: When designing the construction of underground works, the underground work construction investors must reach agreement with units managing the operation of technical infrastructures of urban centers and owners or use managers of works to which spatial connections are conducted (if any).

4. Conducting the connections: Before starting the work connection, investors shall notify the work connection plans and schedule to agencies or units that agree to the connections for supervision and coordinated implementation.

Article 14. Requirements on surveys for construction of urban underground works

1. Underground work construction surveys must fully supply data, documents and technical parameters on the existing underground and aboveground works, geo-technical and hydro-geological conditions, the potential existence of toxic gases in construction areas, which serve as bases for determination of the scope and depth of works, the selection of proper construction technologies, aiming to ensure safety for humans, works and adjacent facilities.

2. Surveys must clarify the abnormal geo-technical and hydro-geological conditions in order to take appropriate remedies in service of the working design of underground works,

3. In the course of constructing underground works, if construction contractors discover abnormalities compared with the initial survey documents, additional surveys shall be carried out in order to make appropriate adjustments.

4. Surveys for construction of urban underground works must ensure environmental sanitation and the ground shall be restored upon the completion of surveys.

Article 15. Requirements on working designs of urban underground works

1. The working designs of underground works must comply with urban construction plannings.

2. The working designs of underground works must suit the geo-technical and hydro-geological conditions and their possible changes.

3. The working designs of underground works must be synchronous and in proper connection with the architectural groups of adjacent and aboveground works and the common technical infrastructure systems of urban centers; ensure safety, without affecting adjacent or aboveground construction works; combine with defense or security requirements when necessary; and at the same time must work out solutions to the preservation of greenery, the protection of historical or cultural relics in the construction areas (if any).

4. The designs of architectural space inside underground works must, apart from the requirements on their utility and durability, satisfy the requirements on landscape and suitability to the cultural and historical characteristics of the work construction areas.

5. The designs of lighting, air conditioning, ventilating, fire prevention and fighting and exit systems as well as the operation control systems inside underground works must be compatible with the type and grade of works as provided for by the construction law.

6. The working designs of underground works must satisfy the anti-permeation, anti-corrosion and anti-erosion requirements.

7. The designs of underground works must ensure convenience for disabled people, ensure safety and quick exit upon the occurrence of incidents.

8. The designs of underground works must describe the processes for operation and maintenance of works.

9. The working designs of underground works must set the tasks of geo-technical observation.

10. Underground work construction designing contractors must give instructions and facilitate the construction according to design drawings, and concurrently perform the task of authorship supervision throughout the process of construction in order to handle disparities between practical construction and design blueprints.

Article 16. Requirements on construction of urban underground works

1. Before starting the construction of underground works, investors must conduct probing and determine existing underground facilities in the construction areas in order to work out appropriate handling measures.

2. Construction contractors must design construction measures to be approved by investors or their representatives.

3. The construction of underground works must ensure safety and limit its impacts on routine activities of urban centers, adjacent and aboveground works; must be accompanied with measures to ensure the environmental sanitation, especially the pollution of underground water sources and urban geological environment.

4. The construction of underground works shall be accompanied with plans to remedy incidents which may occur in the course of construction such as weak soil layers, water-containing layers, toxic gases, fires and explosion, land slides, earth upthrusts with a view to ensuring safety for humans, construction means and the works.

5. The construction of underground works must strictly abide by the work process and order and the safety conditions shall be regularly inspected; people entering and leaving underground works shall be strictly supervised throughout the course of construction. Upon the occurrence of abnormal incidents, construction contractors shall notify investors and the concerned parties thereof for appropriate handling measures.

6. The underground work construction sites shall be fenced off and have signboards according to regulations on construction sites.

7. Underground public works and underground traffic works shall be inspected and granted certificates of construction work quality conformity before they are put to use as provided for by construction law.

8. Forces participating in the construction of underground works shall be technically trained and equipped with labor safety devices suitable to the construction conditions of each type of underground works.

Article 17. Requirements on geo-technical observation of urban underground works

1. The geo-technical observation shall be carried out according to regulations throughout the process of construction and exploitation of underground works.

2. The geo-technical observation covers the observation of the underground works, the geological environment, above ground and adjacent facilities.

3. The geo-technical observation complies with the observation plans already approved by investors or use managers.

4. Upon observation of abnormalities, the investors or use managers and designing agencies shall be informed thereof for timely handling measures.

Article 18. Maintenance of urban underground works

1. Underground work maintenance requirements:

a) Regular and periodical maintenance shall be conducted for underground public works and underground traffic works; and periodical maintenance shall be conducted for underground technical infrastructures.

b) When the maintenance is carried out, attention shall be paid to the strict examination of the work connection systems; air-ventilation, lighting, fire and explosion prevention and fighting and environmental protection equipment shall be checked.

2. Responsibilities of relevant agencies in underground work maintenance:

a) Agencies or organizations appraising the technical designs of underground public works and underground traffic works shall appraise the underground work maintenance process.

b) Work owners or managers, users have the responsibilities:

- To organize the maintenance of underground works.

- To conduct the underground work maintenance under the instructions and regulations of designing contractors and equipment supply contractors and abide by the norms and standards.

- To be held responsible before law for the quality of degraded construction works due to failure to conduct the work maintenance according to regulations.

- To periodically report on the maintenance and operation of underground works to local state management agencies in charge of construction.

c) Local state management agencies in charge of construction shall organize regular or extraordinary inspections of the maintenance of underground works by their managers, users.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 19. Responsibilities for state management of urban underground construction

1. The Ministry of Construction is answerable to the Government for the unified state management of urban underground construction nationwide. Ministries managing specialized construction works shall coordinate with the Ministry of Construction in managing the construction of specialized underground works in urban centers.

2. People's Committees of all levels shall perform the state management of underground construction in urban centers within administrative boundaries under their management.

Article 20. Implementation effect

This Decree takes effect 15 days after its publication in CONG BAO.

Article 21. Organization of implementation

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial municipal People's Committees shall, within the ambit of their respective tasks and powers, organize the implementation of this Decree.

2. The Minister of Construction shall assume the prime responsibility for, and coordinate with relevant ministries and branches in, guiding, monitoring and inspecting the implementation of this Decree.

APPENDIX

Investors shall strictly abide by the following contents:

1. To be held fully responsible before law for their infringement upon the legitimate interests of owners of adjacent and aboveground works (if any)

2. To strictly observe the legal provisions on land, investment and construction as well as the construction permits.

3. To request the construction permit-granting agencies to come for examination of locations of the works, the pre-acceptance tests at each stage and upon the completion of the whole projects.

4. To produce construction permits to local administrations before starting the construction and put up signboards at construction sites according to regulations.

5. In case of necessity to alter the designs, to report thereon to, and await the decisions of the construction permit-granting agencies.

6. In case of use of pavements, roads or public spaces, to reach agreement with relevant management bodies on the location, use duration and plans to ensure safety, environmental sanitation, smooth traffic in the course of construction.