What acts are prohibited by individuals and organizations with respect to urban trees in Vietnam?

What acts are prohibited by individuals and organizations with respect to urban green trees in Vietnam? (Internet image)

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

1. What are urban green trees?

According to Clause 2, Article 2 of Decree 64/2010/ND-CP, urban green trees are those planted for public use. restricted use or special use in urban centers.

Specifically:

- Public-use urban green trees are those planted along streets (including shade trees, decoration trees, natural lianas and trees, grass-covers on pavements, median strips and traffic islands); green trees planted in parks and flower gardens; green trees and grass-covers in public squares and other public areas in urban centers.

- Restricted-use green trees in urban centers are those planted in premises of offices, schools, hospitals, cemeteries, worshiping works, villas, houses and other public works managed and used by organizations or individuals.

- Special-use green trees in urban centers are those planted in plant nurseries or for research purposes.

(Clause 3, 4, 5, Article 2 of Decree 64/2010/ND-CP)

2. What acts are prohibited by individuals and organizations with respect to urban green trees in Vietnam?

Specifically, Article 7 of Decree 64/2010/ND-CP stipulates prohibited acts in urban green tree management as follows:

(1) Planting trees on the list of those banned from planting; planting trees on the list of those restricted from planting without permission of competent authorities.

(2) Planting at one's own will green trees on pavements, median strips, traffic junctions and public areas in contravention of regulations.

(3) Felling, removing, branch-cutting, pruning, rooting up or cutting of green trees without permission.

(4) Chiseling, holing or driving nails into or barking green trees, barking tree trunks; dumping garbage, hazardous substances and construction materials at tree-stock bases; urinating or cooking at, burning tree-stock bases and building stands around tree stumps.

(5) Hanging advertisement billboards, signboards and other objects on trees; hanging ropes or decoration lights on green trees without permission.

(6) Encroaching upon, illegally building works on, green tree land areas already existing or determined in urban plannings and obstructing the planting of green trees according to regulations.

(7) Failing to comply with regulations on management of urban green trees by organizations and individuals that manage or are assigned to manage urban green trees.

(8) Other acts of violation prescribed by law.

3. Principles of management of urban green trees in Vietnam

Principles of management of urban green trees specified in Article 3 of Decree 64/2010/ND-CP, specifically as follows:

- The Government performs the unified management of urban green trees with division and decentralization of responsibility under law.

- The State shall invest in the development of public urban green trees for the sake of public interests.

- The State encourages and creates conditions for organizations and individuals to participate in urban green tree planning, planting, tending, nursing and protection.

- The management and development of urban green trees comply with urban planning and technical regulations, contributing to creating sceneries, environmental protection and bio­diversity.

- Upon construction of new urban centers, investors shall ensure land funds for green trees; planted green trees must be of proper types and species, comply with plant standards under approved detailed plans on urban centers and must be tended and protected till they are handed over to managing bodies under regulations of provincial-level People's Committees.

- Upon construction of new urban roads, green trees must be planted at the same time with the construction of technical infrastructure works.

When renovating or upgrading urban roads, technical tubings or laying underground overhead wire or cable lines in urban centers, which are related to the protection, felling, removal or planting of green trees, investors shall notify local green tree-managing bodies thereof for supervision of the implementation.

The felling and removal of urban green trees must comply with Article 14 of Decree 64/2010/ND-CP.

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