THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT __________ No. 02/2025/TT-BTNMT | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness _______________________ Hanoi, February 12, 2025 |
CIRCULAR
Promulgating the National technical regulation on environmental safety distance from residential areas to production, business, service facilities and warehouses at risk of spreading dust, unpleasant odors, noise causing adverse effects on human health
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Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;
Pursuant to the Law on Environmental Protection dated November 17, 2020;
Pursuant to the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022, detailing a number of articles of the Law on Environmental Protection, and the Government’s Decree No. 05/2025/ND-CP dated January 06, 2025, on amending and supplementing a number of articles of the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022, detailing a number of articles of the Law on Environmental Protection;
Pursuant to the Government’s Decree No. 127/2007/ND-CP dated August 01, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations, and the Government’s Decree No. 78/2018/ND-CP dated May 16, 2018, on amending and supplementing a number of articles of the Government’s Decree No. 127/2007/ND-CP of August 01, 2007, detailing the implementation of a number of articles of the Law on Standards and Technical Regulations;
Pursuant to the Government’s Decree No. 68/2022/ND-CP dated September 22, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
At the proposal of the Directors of the Department of Environment and the Department of Science and Technology;
The Minister of Natural Resources and Environment issues the Circular promulgating the National technical regulation on environmental safety distance from residential areas to production, business, service facilities and warehouses at risk of spreading dust, unpleasant odors, noise causing adverse effects on human health.
Article 1. To promulgate together with this Circular the National technical regulation QCVN 01:2025/BTNMT on environmental safety distance from residential areas to production, business, service facilities and warehouses at risk of spreading dust, unpleasant odors, noise causing adverse effects on human health.
Article 2. Effect
This Circular takes effect after 06 months from the signing date.
Article 3. Transitional provisions
1. The currently operating production, business, service facilities, and warehouses, as well as investment projects for which the competent authorities have been approved the locations for research and planning, recommended the locations for project implementation, approved or decided the investment policy, decided the investment or granted investment registration certificates before the effective date of this Regulation which have complied with the regulations of National Technical Regulation QCVN 01:2021/BXD on Construction Planning promulgated together with Circular No. 01/2021/TT-BXD dated May 19, 2021, by the Minister of Construction shall continue to observe the approved decisions until the duration of the investment project. In cases of adjustment to an investment project, currently operating facility in a direction that increases its adverse impact on human health after the effective date of this Regulation, such Regulation must apply.
2. The entities specified in Clause 1 of this Article, which cause environmental pollution or adverse effects on human health, must implement one of the following regulations:
a) A project owner or a facility must review and improve environmentally friendly technology, apply its best available techniques to ensure compliance with environmental technical regulation.
b) A facility must be relocated to a location meeting the requirements of such Regulation according to a roadmap prescribed by the relevant provincial-level People's Committee.
Article 4. Implementation organization
1. Ministries, ministerial-level agencies, People’s Committees at all levels, Departments of Natural Resources and Environment of provinces and centrally-run cities and related organizations and individuals shall take responsibilities for the implementation of this Circular.
2. In case legal documents mentioned herein as the grounds are amended, supplemented or replaced, these amending, supplementing or replacing documents shall be applied.
| FOR THE MINISTER THE DEPUTY MINISTER Le Cong Thanh
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* All Appendices are not translated herein.