Is it allowed to remove dead trees blocking the front of the house in Vietnam?

Is it allowed to remove dead trees blocking the front of the house in Vietnam? (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Regulations on street tree planting in Vietnam

Pursuant to Point 3, Section II, Part II of Circular 20/2005/TT-BXD, regulations on street tree planting areas follows:

- For a wide street with the sidewalk width of over 5 m, trees of type 2 or type 3 should be planted in accordance with classification of urban trees of the province.

- For a medium street with the sidewalk width of from 3 m to 5 m, trees of type 1 or type 2 should be planted in accordance with classification of urban trees of the province.

- For a narrow street with the sidewalk width of under 3 m, a renovated street or a street whose space is limited, it is required to utilize existing trees and plant new trees at a location with fewer construction works to ensure not to obstruct wire network or not to damage existing construction works; plant vines on street columns or put tree pots.

- The distance among trees varies according to tree classification (see Appendix No. 1 of Circular 20/2005/TT-BXD) or specific location of the planning on each area or a segment of the street. Trees shall be planted in front of the separate wall between two town houses and not be planted in the middle of the gate or in front of the house for an area with the sidewalk width of under 5 m.

- The distance from a planted tree to the edge of the street shall be from 0.6 m to 1.0 m according to the type of the tree (see Appendix No. 1 of Circular 20/2005/TT-BXD).

- Street trees and lines of trees shall form a continuous and complete system of trees and it is required not to plant different types of trees on one street. It is suggested that 1 - 2 types of trees be planted on a street of under 2 km in length. 1 - 3 types of trees should be planted on a street of at least 2 km in length or according to each segment of the street.

- It is required that only grass, shrubs or ornamental trees be planted on a median strip that is under 2 m in width. If the median strip is at least 2 m in width, straight-trunk trees may be planted if their height and crowns do not affect traffic safety and the distance between a planted tree and the edge of the median strip shall be 3 – 5 m to ensure traffic safety.

- At bridge piers, overpasses and walls, vines may be planted to create more urban green spaces, framed with materials suitable for vines to climb on to protect such construction works. Apart from the compliance with regulations on traffic safety, grass, shrubs and flowers shall be planted at important intersections to form green spaces and increase the beauty of urban areas.

- Trees shall be planted 5 – 8 m away from a street corner from the nearest intersection to avoid affecting the traffic visibility.

- Trees shall be planted 2 – 3 m away from a fire plug on the street; 1 – 2 m away from a light column and a manhole.

- Trees shall be planted 1 – 2 m away from cable networks and pipelines (water supply and drainage or underground cables).

- Trees planted along power transmission lines shall not violate the safety corridor of national grid in accordance with provisions of the Decree 106/2005/ND-CP dated August 17, 2005 specifying and providing guidelines for implementation of certain articles of Law on Electricity 2014 on protection of high-voltage electricity grid works.

2. Is it allowed to remove dead trees blocking the front of the house in Vietnam?

Pursuant to Clause 1, Article 14 of Decree 64/2010/ND-CP, conditions on felling and removal of urban green trees  in Vietnaminclude:

- Trees already dead, broken and falling or in danger of falling;

- Green trees which are diseased or old and withered and become unsafe;

- Green trees in areas for execution of investment projects to build works of construction.

Note: Organizations and individuals with legitimate needs for felling or removal of urban green trees shall, apart from complying with the provisions of Article 14 of Decree 64/2010/ND-CP, make up for tree values and pay all costs of felling and removal.

Thus, people are allowed to remove dead trees blocking the front of their houses.

Nguyen Minh Khoi

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