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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
72/2012/ND-CP
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Hanoi,
September 24, 2012
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DECREE
ON MANAGEMENT AND COMMON-USE OF TECHNICAL
INFRASTRUCTURE WORKS
Pursuant to the Law on Government
organization, of December 25, 2001;
Pursuant to the Law on
telecommunication, of November 23, 2009;
Pursuant to the Law on
Construction, of November 26, 2003;
Pursuant to the Law amending
and supplementing a number of articles of the laws concerning capital
construction investment, of June 19, 2009;
Pursuant to the Law on Urban
Planning, of June 17, 2009;
At the proposal of Minister of
Construction;
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Chapter 1.
GENERAL
PROVISIONS
Article 1.
Scope of regulation and Subjects of application
1. This Decree prescribes on
management and common-use of urban technical infrastructure works and
encourages application for outside-urban areas.
2. Organizations and individuals
with operation relating to management and common-use of urban technical
infrastructure works must comply with this Decree and relevant provisions of
law.
Article 2.
Interpretation of terms
In this Decree, the following
terms shall be construed as follows:
1. Common-use of technical
infrastructure works means arranging, installing
telecommunication, power and public lighting lines, cables (hereinafter
referred to as lines, cables); water supply, drainage and energy supply
pipelines (hereinafter referred to as pipelines) of organizations,
individuals into the technical infrastructure works used by
public.
2. Common-used of technical
infrastructure works means works constructed to
arrange, install lines, cables, pipelines, including: Aerial poles; cable
(conductor) poles; cable works; technical trenches and tunnels; urban roads;
roadway tunnels; railway tunnels; sewers; roadway and railway bridges.
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Article 3.
Principles in management and common-use of technical infrastructure works
1. The common-used technical
infrastructure works shall be determined in planning; invested, constructed
under planning in order to ensure synchronism aiming to raise effective use of
land resource, save costs for investment and construction, assure landscape and
environment.
2. Organizations, individuals
owning the common-used technical infrastructure works shall facilitate for
organizations, individuals possessing lines, cables and pipelines arranged into
the common-used technical infrastructure works which have been built as
prescribed.
3. Organizations, individuals
possessing lines, cables and pipelines installed newly shall be responsible for
arrange them into the common-used technical infrastructure works which have
been built.
4. Installment, arrangement of new
lines, cables and pipelines into the common-used technical infrastructure works
which have been built must have solutions to ensure the normal operation of the
existing system.
5. Types of lines, cables and
pipelines arranged, installed into the common-used technical infrastructure
works must have signs for identification as prescribed in Article 11 of this
Decree.
6. Management and operation of the
common-used technical infrastructure works must comply with technical
regulations and standards; technical provisions; assurance of safety and urban
beauty, and be performed by contract specified in Article 16, Article 17 of
this Decree.
Article 4.
Technical regulations and standards on common-used technical infrastructure
works
1. Organizations, individuals
participating in activities relating to planning, design, construction of the
common-used technical infrastructure works shall comply with provisions on
standards, technical regulations applied for such works. If not having
technical regulations and standards, it permits to apply foreign technical
regulations and standards. Application of foreign technical regulations and
standards must comply with provisions of law on application of technical
regulations and standards for construction in Vietnam.
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Article 5.
Inspection and handling violations in management and common-use of technical
infrastructure works
1. The construction state
management agencies under decentralization shall inspect, detect violations in
management and common-use of technical infrastructure works and handle them within
their authority.
2. Organizations, individuals
violate provisions on this Decree, depending on extent, shall be handle as
prescribed by current law.
Article 6.
Prohibited acts
1. Building the common-used
technical infrastructure works without compliance of urban planning; improper
performance comparing to construction license or having no construction license
as prescribed.
2. Installment of lines, cables,
pipelines into the common-used technical infrastructure works does not comply
with provisions.
3. Obstructing participation of
common-use specified in this Decree and relevant other provisions of law.
4. Violating provisions on
management, use, maintain of common-used technical infrastructure works.
Chapter 2.
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Article 7.
Requirements for planning
1. Urban planning must
determine the common-used technical infrastructure works
(direction, position and scale) in order to ensure uniformity, synchronism in
management on investment and construction.
2. The general urban planning must
determine direction and scale of works of cable sewers, trenches and technical
tunnels in urban main road.
3. The divided-zone planning must
determine direction and scale of common-used technical infrastructure works
from the zone main road or more important and displayed on the typical
cross-section.
4. The detail planning must
determine position, quantity and scale of common-used technical infrastructure
works from the level of internal road or higher-level roads and displayed on
the typical cross-section.
5. For central-affiliated cities,
the technical-infrastructure-specializing master plan must
determine work items under fields joining in the common-used technical
infrastructure works in order to ensure synchronism and serve as basic to make
projects investing in works construction.
6. In master plans specified in
clause 2, clause 3 and clause 4 of this Article, they must
determine quantity, type of lines, cables and pipelines joining in installment
into the common-used technical infrastructure works.
7. For urban areas have had
approved urban master plans but without content specified in clauses 2,3,4,5 of
this Article, they must be supplemented right after adjusting master plan. If
an infrastructure works used for public not scheduled in the urban planning,
when investing in construction of such works, it must have an agreeing opinion
of the state management agency of planning in locality.
8. For existing urban areas, on
the basis of surveying and assessment of the existing technical infrastructure
works, to propose solutions for renewal, upgrading and new construction aiming
to ensure inheritance and satisfy demand of common use on planned zones.
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1. For new urban areas, new urban
centers, the investor shall invest in synchronous construction of common-used technical infrastructure works under planning approved by
competent authorities.
2. For existing urban areas,
People’s Committees of cities, towns, townships under management
decentralization, must have plans in order to gradually invest in new
construction, renewal, upgrading of common-used technical infrastructure works.
3. For others, to encourage
investment in construction of common-used technical infrastructure works aiming
to ensure connection, capacity of exploitation, advantage and safe use.
4. The state encourages economic
sectors to participate in investment in construction of common-used technical
infrastructure works under compatible investment forms and sets support and
priority policies for organizations, individuals investing in construction of
common-used technical infrastructure works.
5. The Ministry of Planning and
Investment assume the prime responsibility for, and coordinate with the
Ministry of Finance to guide implementation of support and preferential
policies for organizations, individuals investing in construction of
common-used technical infrastructure works.
Article 9.
Capital sources for investment in construction of common-used technical
infrastructure works
1. Capital of the State budget.
2. Credit capital guaranteed by
state
3. Credit capital for investment
and development of state.
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5. Capital from domestic and
offshore investors.
6. Other lawful capital sources.
The provincial People’s Committees
have policies to mobilizie forces in order to invest in construction of
common-used technical infrastructure works in their localities.
Article 10.
Ownership of the common-used technical infrastructure works
1. People’s Committees of cities,
towns, townships under management decentralization shall be owners of
common-used technical infrastructure works including:
a) The common-used technical infrastructure
works are invested from capital sources of local budget;
b) When being handed over from
organizations, individuals use their capital to invest in construction of
common-used technical infrastructure works after ending time limit of
management and exploitation as prescribed.
2. Organizations assigned
management and use of capital sources from central budget used for investment
in construction of common-used technical infrastructure works shall be owner,
manager and operator of common-used technical infrastructure works until
handing over them for localities as prescribed.
3. Organizations, individuals
investing in construction of new urban areas, new urban centers shall be owner,
manager and operator of common-used technical infrastructure works until
handover as prescribed.
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5. Owners of common-used technical
infrastructure works must comply with provisions on management and common-used technical infrastructure works promulgated by provincial People’s
Committees.
Chapter 3.
COMMON-USE OF
TECHNICAL INFRASTRUCTURE WORKS
Article 11.
Provisions on signs for identification of lines, cables and pipelines in
common-used technical infrastructure works
1. Signs for identification of
lines, cables and pipelines are basic information indicated uniformly be signs,
colors according to provisions in order to identify, distinct each type of
lines, cables and pipelines installed into the common-used technical
infrastructure works.
2. The basic information of signs
for identification includes owner; nature and kind of lines, cables and
pipelines.
3. Units possessing lines, cables
and pipelines installed into the common-used technical infrastructure works
shall mark signs for identification as prescribed.
4. The Ministry of Construction
assumes the prime responsibility for, and coordinates with the Ministry of
Industry and Trade, the Ministry of Information and Communications to prescribe
signs for identification of lines, cables and pipelines installed into
common-used technical infrastructure works.
Article 12.
Common-use of cable sewers, technical trenches and tunnels
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a) The cable -sewer common-use
works include: Telecommunication, power and lighting lines, cables;
b) The technical-trench common-use
works: Telecommunication, power and lighting lines, cables; water supply
pipelines; energy supply pipelines;
c) The technical-tunnel common-use
works: Telecommunication, power and lighting lines, cables; water supply
pipelines; energy supply pipelines; drainage pipelines (if any).
2. The common-use of cable sewers,
technical trenches and tunnels must comply with technical regulations and
standards and ensure technical requirement according to current provisisions.
3. Lines, cables, pipelines must
be installed in exact position, ensure on structure and have signs for
identification as prescribed, concurrently ensure convenient in course of
operation and maintain management.
Article 13.
Common-use of urban roads; roadway tunnels; railway tunnels; sewers; roadway
and railway bridges
1. Works of lines, cables and
pipelines; cable (conductor) poles; cable sewers; technical trenches and
tunnels combined for common-use must be compatible with each type of urban
roads; roadway tunnels; railway tunnels; sewers; roadway and railway bridges.
2. Design to construct urban
roads; urban roads; roadway tunnels; railway tunnels; sewers; roadway and
railway bridges must comply with planning, Regulation, technical standards and
have compatible technical solutions in order to arrange, install lines, cables
and pipelines.
3. Common-use of existing urban
road works; urban roads; roadway tunnels; railway tunnels; sewers; roadway and
railway bridges must comply with provisions of this Decree and have agreeing
opinion of agencies managing works, concurrently must ensure traffic safety,
works safety and urban beauty.
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1. Type of works, equipment having
common-use of aerial pole, cable (conductor) pole:
a) Equipment having common-use of
aerial pole includes radio equipments;
b) Works having common-use of
cable (conductor) pole include: Telecommunication, power and lighting lines,
cables.
2. Common-use of aerial pole,
cable (conductor) pole must ensure the load bearing, safety, urban beauty
3. Lines, cables, equipments must
be installed in exact position, ensure technical requirements and have signs
for identification as prescribed.
Article 15.
Selection of units to manage operation of common-used technical infrastructure
works
1. For common-used technical
infrastructure works invested from budget capital source, selection of units to
manage operation shall comply with provisions of current law.
2. Organizations, individuals used
their capital to invest in common-used technical infrastructure works shall
directly manager operation or hire unit to manager operation by contract on
operation management specified in Article 16 of this Decree.
Article 16.
Contract of operation management of common-used
technical infrastructure works
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a) Aerial pole;
b) Cable (conductor) pole;
c) Cable sewers;
d) Technical trenches and tunnels.
2. The Contract of operation
management specified in clause 1 of this Article is signed between owner and
unit managing operation of common-used technical infrastructure works.
3. The Ministry of Construction
shall promulgate Form of Contract of operation management of common-used
technical infrastructure works.
Article 17.
Contract of common-use of technical infrastructure works operation
1. Common-use of the following
works shall be performed by contract of common-use:
a) Aerial pole;
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c) Cable sewers;
d) Technical trenches and tunnels;
e) Roadway tunnels; railway
tunnels; sewers; roadway and railway bridges.
2. The Contract of common-use
specified in clause 1 of this Article is signed between owner or unit managing
operation authorized by owner with organizations, individuals having demand of
use.
3. The Ministry of Construction
shall promulgate Form of Contract of technical infrastructure works common-use.
Article 18.
Price of the common-used technical infrastructure works lease
1. Principles of defining price
a) Price of the common-used technical
infrastructure works lease must be calculated exactly and fully for
expenditures of investment in construction; expenditures of operation
management, maintain; other expenditures as prescribed by law; in association
of service quality; compatible with policy mechanism, economic- technical
norms, expenditure norm promulgated by competent agencies;
b) If organizations, individuals
invest in construction of common-used technical infrastructure works for
business under form of leasing, the price of lease shall be determined on
works, expenditures as prescribed and rational profit.
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a) Expenditures of production,
supply of services;
b) Supply-demand relation, market
price;
c) Changes on price and policy
mechanism of state;
d) Condition of local
socio-economic development.
3. Control of price of lease:
a) The Ministry of Finance assume
the prime responsibility for, and coordinate with the Ministry of Construction
to guide mechanism, principle to control price and method to determine price of
lease; prescribe exemption, price reduction to serve for National defense and
security public interest activities as prescribed by law;
b) The provincial People’s
Committees shall base on provisions in clause 1, clause 2 of this article and
method to determine price of lease under guides of inter ministries of
Construction, Finance to decide price of lease of common-used technical
infrastructure works which being invested from the State budget source and
apply uniformly in localities;
c) Organizations, individuals
shall base on provisions in clause 1, clause 2 of this article and method to
determine price of lease under guides of inter ministries of Construction,
Finance to prescribe price of lease of common-used technical infrastructure
works which being invested by themselves (outside of the State budget source)
and agree with organizations, individuals having demand of use; and perform
price registration according to provisions of law on price management; If
parties fail to agree price of lease, state competent agencies shall organize
price negotiation according to provisions of law on price management.
Chapter 4.
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Article 19.
Responsibilities and duties of the owner
1. To organize, select units to
manage operation and sign contract of common-used technical infrastructure
works operation according to current provisions.
2. Directly of by authorization
for unit managing operation to sign contract of use with organizations,
individuals having demand of common-use of technical infrastructure works.
3. To implement rights and duties
for unit managing operation; for organizations, individuals participating in
common-use of technical infrastructure works under signed contracts of
operation management and use contracts.
4. To make plan to renovate,
repair, upgrade common-used technical infrastructure works.
5. To require unit managing
operation to construct, manage the data works and supply information of
common-used technical infrastructure works as prescribed in this Decree and
relevant law.
6. To request the state competent
agencies to consider amending and supplementing of technical regulations and
standards relating to the common-used technical infrastructure works.
7. To implement report to the
competent state management agencies as prescribed.
Article 20.
Responsibilities and duties of the unit managing operation
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2. To sign contract with
organizations, individuals having demand of common-use of technical
infrastructure works under authority or being authorized by the owner.
3. To implement rights and duties
for the owner; for organizations, individuals participating in common-use of
technical infrastructure works under signed contracts of operation management
and use contracts.
4. To comply with provisions on
management of common-used technical infrastructure works operation in this
Decree and relevant other provision of law. To formulate, adopt in details the
process on management of operation of common-used technical infrastructure works
within its assigned management.
5. Periodically, to inspect,
assess activities of common-used technical infrastructure works. To handle
malfunction and take responsibility for reporting timely to relevant parties in
order to cooperate to handle, overcome.
6. To implement and notify to
relevant units to cooperate to implement plan on renovation, repairment,
upgrading of common-used technical infrastructure works.
7. To build, exploit and manage the
database. To periodically report on operation management to the competent
agencies as prescribed.
Article 21.
Responsibilities and rights of organizations, individuals participating in
common-use
1. To implement rights and duties
for the owner; or for unit managing operation under signed use contracts.
2. To comply with provisions on
management of common-use of technical infrastructure works in this Decree and
relevant other provision of law.
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4. To timely notify to unit
managing operation when detecting abnormal phenomenon which is able to cause
malfunction, and take responsibility to coordinate with unit managing
operation, relevant units to participate in handling happening malfunction.
5. To coordinate with unit
managing operation to implement dismantle, move out the technical
infrastructure works which shared pipelines, lines, cables and equipment and
need to be upgraded or which is fault, must be replaced.
Article 22.
Responsibilities of Ministries, Ministerial agencies
1. Responsibilities of the
Ministry of Construction
a) Having responsibilities for
state management on common-use of urban technical infrastructure works in whole
country;
b) Coordinating with ministries,
ministerial agencies, provincial People’s Committees to guide, monitor, inspect
implementation of law on managing common-use of technical infrastructure works.
2. Responsibilities of Ministries,
Ministerial agencies
Ministries, ministerial agencies
within their tasks, powers shall coordinate with the Ministry of Construction,
relevant ministries, sectors and provincial People’s Committees to guide, monitor,
inspect implementation of this Decree.
Article 23.
Responsibilities of provincial People’s Committees
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2. To promulgate documents
detailing management, decentralization of management and common-use of
technical infrastructure works intra vires.
3. To direct combination of
common-use when making plan to develop common-used technical infrastructure
works in managed localities.
4. To raise investment capital
from other economic sectors to participate in construction of common-used
technical infrastructure works.
5. To promulgate mechanism, policy
to encourage organizations, individuals being eligible as prescribed by law to
participate in investment in construction, management of common-used technical
infrastructure works operation.
6. To assume the prime
responsibility for, and coordinate with relevant ministries, sectors to solve
disputes on common-use of technical infrastructure works in localities as
prescribed by law.
7. To popularize and develop
implementation of legal documents providing on managing common-use of technical
infrastructure works in localities.
Article 24.
Responsibilities of specialized agencies in localities
1. Responsibilities of the Service
of Construction
a) To assume the prime
responsibility for, and coordinate with relevant specialized agencies to
formulate documents providing on managing common-use of technical
infrastructure works and submit them to provincial People’s Committees for
promulgation intra vires.
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c) To guide, inspect and handle
violations relating to provisions on management of common-use of technical
infrastructure works in localities intra vires.
2. Responsibilities of other
specialized agencies in localities: To coordinate with Service of Construction
to implement state management on common-use of technical infrastructure works
under function and task assigned by provincial People’s Committees.
Chapter 5.
ORGANIZATIONS OF
IMPLEMENTATION
Article 25.
Effect
This Decree takes effect on
November 10, 2012.
Article 26.
Organizations of implementation
Ministers, heads of ministerial
agencies, Heads of Governmental agencies, the Presidents of People’s Committees
of central-affiliated cities and provinces within their tasks, powers shall
organize implementation of this Decree.
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ON THE
BEHALF OF GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung