Regulations on environmental protection during burial and cremation in Vietnam

Regulations on environmental protection during burial and cremation in Vietnam (Internet image)

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

1. Regulations on environmental protection during burial and cremation in Vietnam

Environmental protection during burial and cremation according to Article 55 of Decree 08/2022/ND-CP as follows:

- Burial and cremation sites shall conform to the Government’s regulations on construction, management and use of cemeteries and crematoria, except for the specific cases specified in clause 3 of Article 55 of Decree 08/2022/ND-CP.

- A project on investment in a cemetery or crematorium shall satisfy the following environmental protection requirements:

+ The burial site must not affect the sources of water used for domestic purpose; when being sited in the proximity to a residential area, the crematorium must be downwind of the prevailing wind directions;

+ The project on investment in a cremation service provider must request comments about its technology in accordance with regulations of law on technology transfer;

+ Emissions produced during cremation shall be treated in accordance with environmental technical regulations;

+ Solid waste produced by the cemetery or crematorium must be collected and treated according to the environmental protection requirements;

+ The cemetery or crematorium must achieve the green and grass coverage ratio prescribed by regulations of law on construction; build a separate rainwater drainage and collection;

+ The safe environmental distance from the fence of the cemetery or crematorium to the residential area or public work must comply with the technical regulation on construction planning.

- The burial and cremation by ethnic minorities, religious followers within churches, pagodas, temples and other religious establishment shall comply with regulations of law on religion and folk belief and meet the environmental protection requirements specified in points c and d clause 2 of Article 55 of Decree 08/2022/ND-CP.

Provincial People’s Committees shall provide guidance on burial and cremation activities which is suitable for traditional customs, practices and beliefs and ensures environmental safety.

2. Principles of environmental protection in Vietnam

According to Article 4 of the Law on Environmental Protection 2020, the principles of environmental protection are as follows:

- Environmental protection is the right, obligation and responsibility of every agency, organization, residential community, household and individual.

- Environmental protection serves as a basis, key factor and prerequisite for sustainable socio-economic development.

Environmental protection activities are associated with economic development and natural resource management, and considered and assessed in the process of carrying out development activities.

- Environmental protection harmonizes with social security, protection of children’s right, promotion of gender equality and protection of the human right to live in a pure environment.

- Environmental protection activities are carried out in a regular, public and transparent manner; priority is given to prediction and prevention of environmental pollution, emergencies and degradation, environmental risk management, waste minimization and strengthening of reuse and recycling of waste with a view to maximization of its value.

- Environmental protection complies with natural law, natural, cultural and historical characteristics, and the level of socio-economic development; boost development in ethnic minority and mountainous areas.

- Any agency, organization, residential community, household or individual profiting from the environment is obliged to make their financial contribution to the environmental protection activities; pay compensation for damage, take remedial measures and assume other responsibilities as prescribed by law if causing environmental pollution, emergencies and degradation.

- Environmental protection is not detrimental to the national sovereignty, security and interests, and is associated with regional and global environmental protection.

Le Truong Quoc Dat

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