MINISTRY OF
CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
20/2009/TT-BXD
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Hanoi, June
30, 2009
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CIRCULAR
ON AMENDMENTS TO
THE CIRCULAR NO. 20/2005/TT-BXD DATED DECEMBER 20, 2005 BY THE MINISTRY OF
CONSTRUCTION ON GUIDELINES FOR URBAN FORESTRY
Pursuant to the Government's Decree No.
17/2008/ND-CP dated February 04, 2008 on functions, tasks, power and
organizational structure of the Ministry of Construction,
The Ministry of Construction amends the Circular
No. 20/2005/TT-BXD dated December 20, 2005 by the Ministry of Construction on
guidelines for urban forestry as follows:
Article 1. Clause 7 Section III Part I shall
be amended as follows:
“7. “dangerous tree” means a tree may be a
threat to human, vehicles and construction works if a part of the tree falls
down.”
Article 2. Clause 4 shall be added to Section
V Part I as follows:
“4. Violations against regulations on banned
actions shall be handled according to provisions of the Government's Decree No.
23/2009/ND-CP dated February 27, 2009 on penalties for administrative
violations against regulations on construction activities; real
estate business; exploitation, production and trading of building materials;
management of technical infrastructure; and management of development of houses
and offices.”
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“3. The design of urban tree planning stated in
projects on urban construction planning shall comply with regulations of the
Government’s Decree No. 08/2005/ND-CP dated January 24, 2005 on construction
planning and the Circular No. 07/2008/TT-BXD dated April 07, 2008 of the
Ministry of Construction on guidelines for preparation, assessment and approval
of construction planning and shall add and clarify the following details: …”
Article 4. Point b Clause 1 Section II Part
II shall be amended as below:
“b) Criteria for a planted tree:
- For a small tree: Height: at least 2.0 m, DBH
(Diameter at breast height): at least 4.0 cm;
- For a medium tree and a large tree: Height: at
least 3.0 m, DBH: at least 5.0 cm;
- Normal crown, free from injurious insects and
diseases, straight trunk.”
Article 5. Point c Clause 6 Section III Part
II shall be added as follows:
“c) Identify dangerous trees to keep records on
tree development and make prompt response.”
Article 6. Section II Part III shall be
amended as follows:
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Departments of Construction of provinces
central-affiliated cities shall act as advisors to assist People's Committees
of provinces to manage urban trees in their provinces: ..."
Article 7. Clause 3 Section II Part III shall
be amended as below:
"3. Prepare and submit a list of ancient
trees, preserved trees, banned trees, restricted trees and dangerous trees that
need replacing to People's Committees of provinces for issuance or issue it
within their power."
Article 8. Clause 6 Section IV Part III shall
be added as follows:
“6. Make and submit a list on dangerous trees
that need replacing to a competent authority for approval and carry out tree
felling or moving on schedule."
Article 9. Implementation provisions
1. This Circular comes into force from August
15, 2009.
2. Any problems arising in the course of
implementation shall be reported to the Ministry of Construction.
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MINISTER
Nguyen Hong Quan