What are the permissible noise limits in Vietnam?

What are the permissible noise limits in Vietnam? (Internet image)

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

1. What are the permissible noise limits in Vietnam?

According to the National Technical Regulations on noise issued together with Circular 39/2010/TT-BTNMT, the permissible noise limits are as follows:

In there:

- Special areas are areas within the boundaries of the medical establishments, libraries, kindergartens, schools, churches, temples, pagodas, and other areas with special provisions.

- Usual areas including: apartment buildings, detached or terraced houses, hotels, guest houses, administrative agencies.

2. Penalties for offences against regulations on noise in Vietnam

Article 22 of Decree 45/2022/ND-CP stipulates penalties for offences against regulations on noise in Vietnam as follows:

(i) A warning shall be issued if the noise is less than 02 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(ii) A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the noise is 02 dBA to under 05 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(iii) A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed if the noise is 05 dBA to under 10 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(iv) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the noise is 10 dBA to under 15 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(v) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed if the noise is 15 dBA to under 20 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(vi) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed if the noise is 20 dBA to under 25 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(vii) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed if the noise is 25 dBA to under 30 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(viii) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed if the noise is 30 dBA to under 35 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(ix) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed if the noise is 35 dBA to under 40 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

(x) A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed if the noise is at least 40 dBA higher than the permissible exposure level of noise prescribed in the technical regulation on noise.

- Additional penalties:

= Suspending the business establishment’s activities causing noise pollution for 03 - 06 months in case of commission of the offences specified in iv), (v), (vi), (vii);

= Suspending the business establishment’s operation for 06 - 12 months in case of commission of the offences specified in (viii) , (ix) and (x).

- Remedial measures:

= Mandatory application of measures to reduce noise in accordance with technical regulations within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed above;

= Mandatory payment of costs of solicitation of assessment, inspection, measurement and analysis of environmental samples for generating noise in excess of the permissible exposure level of noise prescribed in the environmental technical regulation or causing noise pollution according to current norms and prices in case of commission of the offences prescribed above.

Nguyen Ngoc Que Anh

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