04 prohibited acts in management of underground construction space in urban centers in Vietnam

Recently, the Government of Vietnam has issued Decree No. 39/2010/NĐ-CP on management of urban underground construction space, which specifies that organizations and individuals that lease land for construction of urban underground works for business purposes must pay land rent.

Xây dựng công trình ngầm đô thị, Nghị định 39/2010/NĐ-CP

According to Article 9 of Decree No. 39/2010/NĐ-CP of Vietnam’s Government, prohibited acts in management of underground construction space in urban centers in Vietnam include:

- Building urban underground works in viola­tion of urban planning or underground construc­tion space planning; in violation of construction permits or without construction permits.

- Infringing upon safety corridors and the scope of protection of underground works.

- Participating in construction activities but failing to fully meet the capability conditions as prescribed by the law on construction.

- Breaching regulations on management, exploitation, use and maintenance of underground works.

Besides, if the law on construction, urban planning and relevant laws provide for other prohibited acts, organizations and individuals that build urban underground works are also not allowed to do so.

Moreover, the construction of urban underground works must ensure the following standards and regulations:

- Organizations and individuals operating in the field of underground construction space planning and underground construction are responsible for complying with relevant technical regulations promulgated by the Ministry of Construction, the Ministries with specialized construction organizing the construction;

- The application of foreign underground construction standards must comply with the provisions of law on the application of foreign construction standards in construction activities in Vietnam.

View more details at Decree No. 39/2010/NĐ-CP of Vietnam’s Government, effective from July 30, 2010.

Nguyen Phu

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