Classification of strict protection zone and low-emission zone in Vietnam

Classification of strict protection zone and low-emission zone in Vietnam (Internet image)

1. Classification of strict protection zone in Vietnam

According to Clause 2, Article 22 of Decree 08/2022/ND-CP, the strict protection zone includes:

- High density residential areas in urban areas include inner cities and inner district-level towns of special urban areas, urban areas of grades I, II and III according to regulations of law on urban classification;

- Surface water used for domestic purpose in accordance with regulations of law on water resources;

- Wildlife sanctuaries prescribed by regulations of law on biodiversity, forestry and fisheries;

- Protection zones 1 of historical and cultural sites/monuments prescribed by regulations of law on cultural heritage;

- Core zone of the natural heritage site (if any) prescribed by regulations of the LEP.

2. Classification of low-emission zone in Vietnam

According to Clause 3, Article 22 of Decree 08/2022/ND-CP, the low-emission zone includes:

- Buffer zone of strict protection zones specified in Section 2;

- Important wetlands defined as prescribed by law;

- Safeguard zones of surface water used for domestic purpose in accordance with regulations of law on water resources;

- High density residential areas which are inner cities and inner district-level towns of urban areas of grades IV and V according to regulations of law on urban classification;

- Water recreation areas under decision of the provincial People’s Committee;

- Other areas with environmental sensitivity and vulnerability to impacts of environmental pollution that need to be protected.

3. Determination of strict protection zones and low-emission zones in Vietnam

The determination of strict protection zones and low-emission zones according to Article 23 of Decree 08/2022/ND-CP is as follows:

- Defining strict protection zones and low-emissions zones in the national environmental protection planning is prescribed as follows:

+ Carry out overall investigation and assessment of areas with environmental sensitivity and vulnerability to impacts of environmental pollution prescribed in clauses 2 and 3 Article 22 of Decree 08/2022/ND-CP;

+ Set objectives for environmental protection of areas with environmental sensitivity and vulnerability to impacts of environmental pollution prescribed in clauses 2 and 3 Article 22 of Decree 08/2022/ND-CP;

+ Plan locations, size and boundaries of strict protection zones and low-emission zones.

- Defining strict protection zones and low-emission zones in the provincial planning is prescribed as follows:

+ Carry out overall investigation and assessment of areas with environmental sensitivity and vulnerability to impacts of environmental pollution prescribed in clause 3 Article 22 of this Decree within provinces;

+ Determine objectives for environmental protection of areas with environmental sensitivity and vulnerability to impacts of environmental pollution prescribed in clauses 2 and 3 Article 22 of this Decree within provinces;

+ Determine plans regarding locations, size and boundaries of strict protection zones and low-emission zones within provinces.

- The provincial People’s Committee shall issue a decision on determination of locations and boundaries of strict protection zones and low-emissions zones within its provinces already determined in the provincial planning during the planning period.

- Requirements for environmental protection based on environmental zoning:

+ Technical regulations on wastewater and emissions shall provide for permissible limits of pollutants in conformity protection requirements required by environmental zoning for strict protection zones and low-emission zones without adversely affecting the life and normal development of human and creatures;

+ Projects on investment in and projects on increase in size and capacity of strict protection zones and low-emissions zones in shall comply with environmental protection requirements as prescribed in point a of this clause;

+ Any business that fails to satisfy the environmental protection requirements set out in point a of this clause shall convert its type of business, production or service, renovate its technology and implement other environmental protection measures in compliance with the environmental protection requirements based on environmental zoning.

- The provincial People’s Committee shall introduce a roadmap to businesses operating within strict protection zones and low-emissions zones already determined within its province in compliance with the regulations set forth in clause 4 of Article 23 of Decree 08/2022/ND-CP.

Quoc Dat

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