
Management of parks, trees and water surfaces must comply with approved urban and rural planning.
This Decree regulates activities related to the management of parks, trees and the organization of water surface spaces associated with landscapes in urban and rural residential areas; the management, use and exploitation of park and tree infrastructure assets invested and managed by the State.
Prioritize the development of parks and trees in the space around the water surface.
Decree providing general principles on management of parks, trees and water surfaces.
Accordingly, planning, design and development of parks, trees and water surfaces must be suitable to natural conditions, characteristics, functions, traditions and cultures, harmoniously combined with natural green spaces, landscapes and the environment, ensuring adaptation to climate change, ecological balance and biodiversity. Prioritize the development of parks and trees in the space around water surfaces associated with investment in infrastructure to protect water surfaces.
Parks, trees, and water surfaces are managed, maintained, and operated to ensure service functions, community safety, and landscape space.
The Decree also clearly states that the State encourages and creates favorable conditions for organizations and individuals to participate in investing in the development of parks, trees, and water surfaces.
Prioritize the use of energy-saving and environmentally friendly materials in investment activities for the development of parks, trees, and water surfaces. Access and apply technology and digital transformation in the management of parks, trees, and water surfaces in accordance with actual conditions.
Principles of management, use and exploitation of park and green tree infrastructure assets
The management and use of park and green tree infrastructure assets invested and managed by the State shall be carried out in accordance with the provisions of law on management and use of public assets, relevant provisions in this Decree and other relevant provisions of law.
The management and use of park and green tree infrastructure assets with state capital components in enterprises are not implemented in accordance with the provisions of this Decree and are implemented in accordance with the provisions of law on management and use of state capital invested in production and business in enterprises and other relevant legal provisions;
Organizations and individuals are responsible for organizing the management, use and exploitation of park and green tree infrastructure assets that they invest in, ensuring requirements on landscape, service function and community safety until handing over to the State for management according to regulations.
Urban and rural planning must meet requirements for parks, trees, and water surfaces.
The Decree clearly states that urban and rural planning must ensure the ratio of land area for parks, trees, and water surfaces in the land use structure;
Arrange parks, trees, and water surfaces in harmony with the development space of urban areas and rural residential areas according to the principles prescribed in this Decree, ensuring people's access to parks, trees, and water surfaces;
There is a plan to preserve and improve existing water surfaces that have value in terms of landscape, environment, culture, biodiversity and develop artificial water surfaces associated with water supply and drainage requirements in areas with difficult water sources or areas at risk of flooding;
For existing urban areas, when establishing or adjusting planning for renovation and embellishment, if the green area ratio does not meet technical standards and urban planning management regulations, it is necessary to determine the green area ratio for the construction plot to increase the green area.
The area of green land and water surface is not less than 65% of the total land area of the park.
The Decree clearly states that detailed planning for park construction investment projects must meet the following requirements:
a) Determine the land use structure appropriate to each type, nature and scale of the park; ensure that the area of land for trees and water surfaces is not less than 65% of the total land area of the park; the area of park land for business purposes is not larger than 15% of the total land area of the park and less than 5 hectares;
b) Clearly define functional areas, non-commercial park land and commercial park land;
c) Determine the scope and boundaries of the construction area of underground public works formed from independent projects, underground traffic works and underground technical infrastructure works identified in the zoning plan or general plan or underground space plan or specialized technical infrastructure plan related to the project approved by competent authorities;
d) Design green trees and water surfaces according to regulations.
Organizing commercial, cultural and artistic activities... in the park must not affect the main functions of the park.
The Decree clearly stipulates the organization of commercial business activities, services, cultural and artistic activities and other events in the park. Specifically:
Regular commercial and service business activities in the park to serve the people and visitors must be consistent with the park's functions, park construction design planning and comply with current relevant State regulations for each type of activity.
Cultural and artistic activities, fairs, exhibitions and festivals held in the park must comply with park regulations and relevant laws. Priority is given to organizing fairs, exhibitions and business activities on flowers and ornamental plants during holidays and Tet.
The organization of commercial, service, cultural and artistic activities and other events in the park must ensure requirements on landscape, environment, security, safety and not affect the main functions of the park.
Types of constructions allowed to be built on park land for business purposes
At the same time, the Decree stipulates the types of constructions allowed to be built on park land for business purposes according to detailed planning of park construction investment projects, including:
- Sports and cultural facilities;
- Commercial facilities include: Flower and ornamental plant market, shops and other commercial facilities serving visitors to the park.
The exploitation of public park land for business purposes in parks invested and managed by the State is carried out in accordance with the provisions of Articles 37, 38, 39 and 40 of this Decree.
Park development investors organize the exploitation of park land for business purposes in the park they invest in, in compliance with the provisions of the law on land, investment, construction, the provisions of this Decree and other relevant legal provisions.
Phuong Nhi
Source: https://baochinhphu.vn/cong-trinh-co-muc-dich-kinh-doanh-nao-duoc-phep-xay-dung-trong-cong-vien-102251010100905859.htm
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