Is Creating Noise a Violation of the Law?

Regarding this issue, the legal secretary has the following points to discuss with you:

Causing noise is one of the prohibited behaviors in environmental protection activities. According to legal regulations, if the noise-causing behavior exceeds the maximum allowable limit, it will be subject to administrative sanctions in the field of environmental protection.

In Circular 39/2010/TT-BTNMT, which issued QCVN 26:2010/BTNMT, the national technical regulations on noise are stipulated. Accordingly, the maximum allowable noise limits in residential areas are 70 dBA (from 6:00 AM to 9:00 PM) and 55 dBA (from 9:00 PM to 6:00 AM).

Organizations, individuals, production and business establishments, and service providers in residential areas causing noise must take measures to limit and reduce the noise, ensuring it does not affect the daily life and health of the community. If the noise exceeds the permissible limits, it will be handled as stipulated in Article 17 of Decree 179/2013/ND-CP as follows:

1. Fines- From VND 1,000,000 to VND 5,000,000 for noise exceeding the technical standards by less than 5 dBA.- From VND 5,000,000 to VND 20,000,000 for noise exceeding the technical standards by 5 dBA to less than 10 dBA.- From VND 20,000,000 to VND 40,000,000 for noise exceeding the technical standards by 10 dBA to less than 15 dBA.- From VND 40,000,000 to VND 60,000,000 for noise exceeding the technical standards by 15 dBA to less than 20 dBA.- From VND 60,000,000 to VND 80,000,000 for noise exceeding the technical standards by 20 dBA to less than 25 dBA.- From VND 80,000,000 to VND 100,000,000 for noise exceeding the technical standards by 25 dBA to less than 30 dBA.- From VND 100,000,000 to VND 120,000,000 for noise exceeding the technical standards by 30 dBA to less than 35 dBA.- From VND 120,000,000 to VND 140,000,000 for noise exceeding the technical standards by 35 dBA to less than 40 dBA.- From VND 140,000,000 to VND 160,000,000 for noise exceeding the technical standards by more than 40 dBA.

2. Supplementary Sanctions:

Suspension of the noise-causing activity for a minimum of 3 months and a maximum of 12 months depending on the case.

3. Remedial Measures:

- Must implement noise reduction measures to meet technical standards within the time limit specified by the competent authority in the administrative sanction decision.- Must cover the costs of forensic examination, measurement, and analysis of environmental samples in case of violation of noise technical standards or causing noise pollution according to the current standards and pricing.

Therefore, concerning the coffee milling shop, you can petition the competent state authority to review and promptly implement proper sanctions.

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