THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
118/2004/ND-CP
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Hanoi,
May 10, 2004
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE GOVERN-MENT'S DECREE NO. 54/1999/ND-CP OF JULY 8, 1999 ON
PROTECTION OF SAFETY OF HIGH-VOLTAGE POWER GRIDS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
At the proposal of the Minister of Industry,
DECREES:
Article 1.- To amend and
supplement a number of articles of the Government's Decree No. 54/1999/ND-CP of
July 8, 1999 on protection of safety of high-voltage power grids as follows:
1. To amend and supplement Point
c, Clause 1 of Article 6 as follows:
"c/ The height is
calculated from the bottom of the post base to the post top plus a vertical
safety distance prescribed in the following table:
...
...
...
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Up
to 35
66
to 110
220
500
Distance
(m)
2.0
3.0
4.0
6.0
...
...
...
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"Article 7.-
1. With regard to trees and plants
in the safety protection corridors of high-voltage power grids:
a/ In cities, provincial towns
and district townships:
The distance from the highest
point of trees to the transmission line of a voltage of up to 35 kV in the
static position must not be shorter than the distance prescribed in the
following table:
Voltage
(kV)
Up
to 35
Distance
(m)
Insulated
wire
Bare
wire
...
...
...
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0.7
1.5
The vertical distance from the
highest point of trees to the transmission line of a voltage of between 66 kV
and 500 kV in the static position must not be shorter than the distance
prescribed in the following table:
Voltage
(kV)
66
to 110
220
500
Distance
(m)
Bare
wire
...
...
...
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2.0
2.5
4.0
b/ Outside cities, provincial
towns or district townships:
The vertical distance from the
highest points of trees to the transmission lines in the static position must
not be shorter than the distance prescribed in the following table:
Voltage
(kV)
Up
to 35
66
to 110
220
...
...
...
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Distance
(m)
Insulated
wire
Bare
wire
Bare
wire
0.7
2.0
3.0
4.0
...
...
...
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c/ Plants which can quickly grow
within a short period of time and can threaten the safety (such as cucalyptus,
bamboo of various species) and plants which would yield no economic value when
having their tops cut or their branches trimmed off (such as areca nut tree,
coconut tree, rubber tree), must be cut at their stumps and not be re-planted.
2. For trees outside the safety
protection corridors of high-voltage power grids and outside cities, provincial
towns or district townships:
The distance from any part of
falling trees to any part of the transmission line must not be shorter than the
distance prescribed in the following table:
Voltage
(kV)
Up
to 35
66
to 220
500
Distance
(m)
0.7
...
...
...
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2.0
3. Rice and subsidiary crops
must be grown at least 0.5 m away from the edge of the electric post base and
support cable foundation."
3. To amend and supplement
Article 8 as follows:
"Article 8.-
1. Dwelling houses and projects
which exist within the safety protection corridors of high-voltage power grids
of a voltage of up to 220 kV must satisfy the following conditions:
a/ Their roofs and surrounding
walls are made of fire-proof materials;
b/ Their roofs and surrounding
walls of metals must be earthed according to regulations;
c/ They do not block the access
for checking and maintaining of parts of power grid works;
d/ The vertical distance from
any part of the dwelling houses or works to the transmission lines in the
static position must not be shorter than the distance prescribed in the
following table:
...
...
...
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Up
to 35
66
to 110
220
Distance
(m)
3.0
4.0
5.0
e/ For the distance from the
transmission line stretching over houses and works, measures must be taken to
enhance the power and construction safety;
f/ The electric field intensity
must be smaller than 5 kV/m; the inducing current intensity must be smaller
than 10 mA/m2 or magnetic field intensity must be smaller than 100 mT. The
position for measurement is prescribed to be any point within the power grid
corridor and to be 1 meter high from the ground.
...
...
...
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3. Owners or users of dwelling
houses or works existing in the safety protection corridors of high-voltage
power grid must not use the house roofs or any other parts of the dwelling houses
or works for purposes which may encroach upon the safety distance prescribed at
Point d, Clause 1 of this Article and must comply with the regulations on
protection of safety of high-voltage power grids when repairing or renovating
their dwelling houses or works.
4. Before granting permits for
organizations or individuals to build or expand dwelling houses or works within
the safety protection corridors of the high-voltage power grids, the permitting
agencies must request the construction investors of such dwelling houses or
works to reach agreements in writing with the competent units managing the
high-voltage power grids on measures to ensure the safety of the high-voltage
power grids and safety in the course of construction, expansion or use of such dwelling
houses and works.
5. Dwelling houses and works
where people permanently live and/or work must not exist within the safety
protection corridors of the high-voltage power grids of a voltage of 500 kV or
higher, except for specialized works in service of the operation of such power
grids."
4. To amend and supplement
Clause 1 of Article 9 as follows:
"1. Any activities within
the safety protection corridors of the overhead transmission lines with the use
of equipment, instruments and/or means which may encroach upon the safety
distances prescribed in the table in Clause 1, Article 1 of this Decree are
prohibited. In special cases where activities must be carried out due to urgent
defense or security requirements, agreements must be reached with the high-voltage
power grid-managing units to apply necessary safety measures."
5. To amend and supplement Point
c, Clause 2 of Article 10 as follows:
"c/ The underground cable
sections connected with the overhead power transmission lines from the ground
to the 2-meter height must be cased in protective tubes."
6. To amend and supplement
Article 11 as follows:
"Article 11.-
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2. When projects on construction
of high-voltage power grid works have their construction grounds approved by
competent State agencies, their investors shall have to notify such to
organizations, households and individuals being land users or owners of houses
and other assets on land within the project areas. After the time of
publicizing the approval decisions, newly built dwelling houses and works as
well as newly grown trees, which violate the Government's regulations on
protection of safety of high-voltage power grids, shall be dismantled, cut or
trimmed off without any compensations or supports.
3. Owners of dwelling houses and
works satisfying the conditions for existence within the safety protection
corridors of the high-voltage power grids, who have received compensations or
supports provided for by law and wish to relocate their houses or works out of
the corridors, shall carry out the relocation by themselves without any other
compensations or supports.
4. The Ministry of Finance and
the Ministry of Industry shall have to guide the compensations and supports
upon construction of high-voltage power grid works."
7. To amend and supplement Point
c, Clause 1, Article 14 as follows:
c/ The corridor's height is
calculated from the deepest bottom of the foundation of the power station work
to the highest point in the station plus the vertical safety distance
prescribed in the table in Clause 1, Article 1 of this Decree."
8. To amend and supplement
Article 19 as follows:
"Article 19.-
The units managing the operation of high-voltage power grids have the
responsibilities:
1. To inspect power grid
corridors under their management to promptly detect acts of violating the
Government's regulations on protection of safety of high-voltage power grids.
Upon detecting violation acts and depending the seriousness of violations, to
notify and request violators to stop immediately their violation acts or report
them to, and coordinate with, the local competent State agencies in making
written records on handling of such violation acts.
2. To check, repair and maintain
transmission lines according to the prescribed schedule, not to overload
transmission lines stretching over dwelling houses and/or works.
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9. To add Article 26a as
follows:
"Article 26a.-
1. The presidents of the
provincial/municipal People's Committees shall have to direct the functional
agencies in inspecting, preventing and promptly handling acts of violating the
Government's Decree on protection of safety of high-voltage power grids under
their management.
2. Basing itself on the
situation in each locality, the Ministry of Industry shall advise the
presidents of the provincial/municipal People's Committees on establishing the
Steering Committees to handle matters related to the protection of safety of
the high-voltage power grids. The composition and operation regulation of the
Steering Committees shall be decided by the presidents of the
provincial/municipal People's Committees."
Article 2.- This Decree takes
effect 15 days after its publication in the Official Gazette. All previous
stipulations which are contrary to this Decree are hereby annulled.
Article 3.- The ministers, the
heads of the ministerial-level agencies, the heads of the Government-attached
agencies, the presidents of the People's Committees of the provinces and
centrally-run cities and the concerned organizations and individuals shall have
to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai