Environmental technical regulations in Vietnam

Environmental technical regulations in Vietnam (Internet image)

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

1. Environmental technical regulations in Vietnam

The environmental technical regulations under Article 97 of the Law on Environmental Protection 2020 is as follows:

- Environmental technical regulations on ambient environment quality, including:

+ Environmental technical regulations on soil and sediment quality;

+ Environmental technical regulations on surface water, groundwater and seawater quality;

+ Environmental technical regulations on air quality;

+ Environmental technical regulations on light and radiation;

+ Environmental technical regulations on noise and vibration.

- Environmental technical regulations on waste, including:

+ Environmental technical regulations on wastewater;

+ Environmental technical regulations on exhaust gases from production, business operation and service provision and exhaust gases from vehicles.

- Environmental technical regulations on waste management, including:

+ Environmental technical regulations on hazardous waste;

+ Environmental technical regulations on solid waste landfills;

+ Environmental technical regulations on works and equipment for in situ wastewater treatment;

+ Environmental technical regulations on waste incinerators;

+ Environmental technical regulations on waste co-processing;

+ Other environmental technical regulations on equipment for waste treatment and recycling.

- Environmental technical regulation on management of scrap imported from foreign countries as production materials.

- Environmental technical regulation on limits of persistent pollutants present in raw materials, fuels, materials, products, goods and equipment.

- Other environmental technical regulations in accordance with environmental protection requirements.

2. Formulation, appraisal and promulgation of environmental technical regulations in Vietnam

Formulation, appraisal and promulgation of environmental technical regulations under Article 102 of the Law on Environmental Protection 2020 as follows:

- Power and procedures for formulating and promulgating national and local environmental technical regulations must comply with regulations of law on standards and technical regulations.

- The Ministry of Natural Resources and Environment shall:

+ Formulate and promulgate national environmental technical regulations;

+ Preside over and cooperate with the Ministry of Transport in requesting the Prime Minister to promulgate a roadmap for application of national standards and technical regulations on emissions of motor vehicles operating in Vietnam.

- Ministries and ministerial agencies shall promulgate standards, technical regulations or technical guidance on recycling, reuse and use of waste as raw materials and materials for production, business operation and service provision under their management after obtaining comments of the Ministry of Natural Resources and Environment.

- The Ministry of Science and Technology shall carry out appraisal of environmental technical regulations in accordance with regulations of law on standards and technical regulations.

- If the ambient environment quality fails to achieve the objectives for environmental protection, the provincial People’s Committee shall promulgate a local environmental technical regulation on waste within 02 years from the date of promulgating the national environmental technical regulation.

3. Requirements concerning environmental technical regulations on ambient environment quality in Vietnam

According to Article 100 of the Law on Environmental Protection 2020, the requirements concerning environmental technical regulations on ambient environment quality are as follows:

- Environmental technical regulations on ambient environment quality must define permissible limits of environmental parameters suitable for use of corresponding environmental components, including:

+ Minimum values of parameters ensuring life and normal growth of humans and creatures;

+ Maximum permissible values of environmental parameters that ensure no negative effects produced on life and normal growth of humans and creatures.

- Technical regulations on ambient environment quality must provide guidance on reference method for measuring, collecting and analyzing samples to determine environmental parameters.

Le Truong Quoc Dat

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