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MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 02/2025/TT-BTNMT
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Hanoi, February 12, 2025
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CIRCULAR
NATIONAL TECHNICAL REGULATION ON ENVIRONMENTAL SAFETY
DISTANCE FROM RESIDENTIAL AREAS TO PRODUCTION, BUSINESS, SERVICE FACILITIES AND
WAREHOUSES AT RISK OF SPREADING DUST, UNPLEASANT ODORS, NOISE CAUSING ADVERSE
EFFECTS ON HUMAN HEALTH
Pursuant to the Law on
Technical Regulations and Standards dated June 29, 2006;
Pursuant to the Law on
Environmental Protection dated November 17, 2020;
Pursuant to Decree No.
08/2022/ND-CP dated January 10, 2022 of the Government of Vietnam
elaborating on several articles of the Law on Environmental Protection and
Decree No. 05/2025/ND-CP dated January 6, 2025 of the Government of Vietnam on
amendments to Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government
of Vietnam elaborating on several articles of the Law on Environmental
Protection;
Pursuant to Decree No.
127/2007/ND-CP dated August 1, 2007 of the Government of Vietnam elaborating on
several articles of the Law on Technical Regulations and Standards and Decree
No. 78/2018/ND-CP dated May 16, 2018 of the Government of Vietnam on amendments
to Decree No. 127/2007/ND-CP dated August 1, 2007 of the Government of Vietnam
elaborating on several articles of the Law on Technical Regulations and
Standards;
Pursuant to Decree No.
68/2022/ND-CP dated September 22, 2022 of the Government of Vietnam on
functions, tasks, entitlements, and organizational structure of the Ministry of
Natural Resources and Environment of Vietnam;
At the request of the
Director of the Department of Environment and Director of the Department of
Science and Technology;
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Article
1. The QCVN
01:2025/BTNMT National technical regulation on environmental safety distance
from residential areas to production, business, service facilities and
warehouses at risk of spreading dust, unpleasant odors, noise causing adverse
effects on human health is promulgated together with this Circular.
Article
2. Entry into force
This Circular comes into force
6 months after its signing date.
Article
3. Transitional provisions
1. Production, business,
service facilities and warehouses currently operating and investment projects
entitled to competent authorities’ approval for locations of research on planning
formulation, introduction of investment project implementation places, and
approval and decision on investment guidelines, investment decisions, and
issuance of investment registration certificates before the effective date of
this Regulation in compliance with QCVN 01:2021/BXD National technical
regulation on construction planning enclosed with Circular No. 01/2021/TT-BXD
dated May 19, 2021 of the Minister of Construction of Vietnam shall comply with
approval decisions until the expiry date of such investment projects. Where
adjustments to investment projects and operating facilities increasing adverse
effects on human health are made after the effective date of this Regulation,
this Regulation shall prevail.
2. If entities prescribed
in Clause 1 of this Article cause environmental pollution or adverse effects on
human health, they shall:
a) Review and improve
environmentally friendly technologies and apply the best available techniques
to ensure the satisfaction of technical regulations on the environment
(applicable to owners of projects and/or facilities).
b) Relocate the
facilities to other places meeting this Regulation according to the roadmaps
stipulated by the provincial People’s Committees.
Article
4. Implementation
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2. Where any legislative
document cited in this Circular is amended or replaced, comply with its new
edition./.
PP. MINISTER
DEPUTY MINISTER
Le Cong Thanh
QCVN 01:2025/BTNMT
NATIONAL TECHNICAL REGULATION ON ENVIRONMENTAL SAFETY
DISTANCE FROM RESIDENTIAL AREAS TO PRODUCTION, BUSINESS, SERVICE FACILITIES AND
WAREHOUSES AT RISK OF SPREADING DUST, UNPLEASANT ODORS, NOISE CAUSING ADVERSE
EFFECTS ON HUMAN HEALTH
Foreword
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NATIONAL TECHNICAL REGULATION ON ENVIRONMENTAL SAFETY
DISTANCE FROM RESIDENTIAL AREAS TO PRODUCTION, BUSINESS, SERVICE FACILITIES AND
WAREHOUSES AT RISK OF SPREADING DUST, UNPLEASANT ODORS, NOISE CAUSING ADVERSE
EFFECTS ON HUMAN HEALTH
1. GENERAL PROVISIONS
1.1. Scope
This Regulation provides for
the environmental safety distance from residential areas to production,
business, service facilities and warehouses at risk of spreading dust,
unpleasant odors, noise causing adverse effects on human health, including:
1.1.1. The environmental
safety distance from residential areas to new investment projects, expanded
investment projects, waste treatment facilities, and concentrated waste
treatment areas shall be determined following Table 1 and Section 3.2 of this
Regulation.
1.1.2. The environmental safety
distance from residential areas to livestock farms shall comply with Circular
No. 23/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture
and Rural Development of Vietnam and Circular No. 18/2023/TT-BNNPTNT dated
December 15, 2023 of the Minister of Agriculture and Rural Development of
Vietnam.
1.1.3. Regarding the
environmental safety distance from residential areas to production, business,
service facilities and warehouses at risk of spreading dust, unpleasant odors,
noise causing adverse effects on human health not falling into any cases
prescribed in Sections 1.1.1 and 1.1.2, comply with Circular No. 01/2021/TT-BXD
dated May 19, 2021 of the Minister of Construction of Vietnam or the reference
value in Appendix 3 of TCVN 4449:1987 – National Standard on Urban planning –
Design standards to determine the environmental safety distance.
1.1.4. Production,
business, service facilities and warehouses at risk of spreading dust,
unpleasant odors, noise causing adverse effects on human health located in
concentrated areas of production, business, and services, industrial clusters,
and concentrated waste treatment areas shall follow the functional subdivisions
of the mentioned areas.
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1.2. Regulated
entities
1.2.1. This Regulation
applies to state agencies, organizations, and individuals (hereinafter referred
to as “organizations and individuals”) relevant to the environmental safety
distance from residential areas to production, business, service facilities and
warehouses at risk of spreading dust, unpleasant odors, noise causing adverse
effects on human health in Vietnam’s territory.
1.2.2. This Regulation
does not apply to production, business, service facilities and warehouses
located in concentrated areas of production, business, and services, industrial
clusters, and concentrated waste treatment areas.
1.3. Interpretation of
terms
For the purpose of this
Regulation, the following terms shall be construed as follows:
1.3.1. Environmental
safety distance refers to the minimum distance from the pollution source (or
any house or work containing pollution sources) to the existing and legal works
in residential areas, including: separate houses, apartment buildings, works
concerning education, health, social culture, sports, and tourism, and other
public works with concentrated population.
1.3.2. Base environmental
safety distance refers to the environmental safety distance from work items
meeting the technical regulation on the environment of the production,
business, service facilities and warehouses at risk of spreading dust,
unpleasant odors, noise causing adverse effects on human health.
1.3.3. Unpleasant odors
refer to foul odors, putrid odors, and odors from work items of production,
business, service facilities and warehouses causing unpleasant and adverse
effects on the human sense of smell.
1.3.4. Risk of spreading
refers to the possibility of pollutants (dust, unpleasant odors, and noise)
from the pollution sources being released into the surrounding environment.
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2.1. The determination of the environmental safety distance from
the nearest residential areas to the production, business, service facilities
and warehouses at risk of spreading dust, unpleasant odors, noise causing
adverse effects on human health shall be based on the scale, operational
capacity, and nature of the dust, unpleasant odors, and noise by applying
specific production technologies, works, and measures to protect the
environment applied by the facilities.
2.2. The values of the base environmental safety distance from
pollution sources to the nearest works in residential areas are stipulated in
Table 1.
Table 1. Values of
base environmental safety distance from pollution sources to nearest works in
residential areas
Unit: meter (m)
No.
Item
Base environmental safety distance
1
Areas receiving domestic
solid waste, normal industrial solid waste, and hazardous waste
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2
Landfills for
hygienic domestic waste and landfills for normal industrial solid waste
1.000
3
Landfills for inert
waste
100
4
Landfills for
hazardous waste
1.000
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Facilities for
treatment of organic domestic solid waste using biotechnology
500
6
Facilities for
treatment of domestic solid waste and normal industrial solid waste using
incineration technology
6.1
Facilities for treatment
of domestic solid waste and normal industrial solid waste using non-energy
recovery incineration technology
500
6.2
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300
6.3
Facilities for
treatment of solid waste using waste-to-energy incineration technology
applying the best available techniques implemented in developed
industrialized countries and permitted for use in Vietnam
100
7
Facilities for
treatment of hazardous waste using incineration technology
500
8
Facilities for
recycling of hazardous waste
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9
Facilities for
treatment of normal sewage sludge
500
10
Facilities for
treatment of domestic solid waste, normal industrial solid waste, and hazardous
waste using other technologies
500
11
Factories and
stations for wastewater treatment
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Works for treatment of
wastewater using mechanical, physical-chemical and biological methods:
- Small capacity scale
of under 5.000 m3/day
- Average capacity
scale from 5.000 m3/day to under 50.000m3/day
- Large capacity scale
of 50.000 m3/day or more
100
250
350
11.2
Subsurface works for
treatment of wastewater using mechanical, physical-chemical, and biological
methods with systems for odor collection and treatment (odor-causing gases)
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- Average capacity
scale from 5.000 m3/day to under 50.000m3/day
- Large capacity scale
of 50.000 m3/day or more
15
30
40
12
Works for treatment
of residual sludge
12.1
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- Small capacity scale
of under 5.000 m3/day
- Average capacity
scale from 5.000 m3/day to under 50.000m3/day
- Large capacity scale
of 50.000 m3/day or more
150
400
500
12.2
Works for treatment of
residual sludge using mechanical equipment:
- Small capacity scale
of under 5.000 m3/day
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- Large capacity scale
of 50.000 m3/day or more
100
300
400
Note:
- Green tree trips for isolation
must be arranged around areas for the construction of new waste treatment
facilities (at least 10 m in width) and concentrated waste treatment areas
according to new planning (at least 20 m in width), excluding the cases
prescribed in No. 11.2 of Table 1.
- Where new waste
treatment facilities or concentrated waste treatment areas must be located at
the main urban windward, the base environmental safety distance must be
increased by at least 1,5 times.
3. METHODS OF DETERMINING ENVIRONMENTAL SAFETY DISTANCE
3.1. Environmental safety distance is determined by the distance
from the pollution sources of each item of production, business, service
facilities and warehouses at risk of spreading dust, unpleasant odors, noise
causing adverse effects on human health to the nearest works in residential
areas.
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Where:
LKCATMT = KCN x LKCCS
Where:
KCN:
Adjustment coefficient by the level of the applied technology prescribed in Table
2 of this Regulation.
LKCCS: Base
environmental safety distance according to the value in Table 1 of this
Regulation.
3.3. Regarding production, business, service facilities and
warehouses with multiple pollution sources, the environmental safety distance
shall be determined by the distance from the nearest pollution source of the
mentioned entities to the residential areas. Where it is not possible to
pinpoint the pollution source, a source point shall be determined by a specific
location on the perimeter of the pollution source. The environmental safety
distance shall be determined from the mentioned point to the nearest works in
the residential areas.
3.4. The environmental
safety distance from the pollution source point shall be determined by determining
the coordinates of the pollution source point and the residential area boundary
based on the determination of the national coordinate system VN2000.
Table 2. Adjustment coefficients by levels of applied
technologies (KCN)
No.
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Adjustment coefficient by level of applied technology
(KCN)
1
Areas receiving
domestic solid waste, normal industrial solid waste, and hazardous waste
Having access roads for
garbage trucks and negative-pressure waste pits and adopting measures to collect
and treat dust, unpleasant odors, and noise:
- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
0,7
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2
Landfills for
hygienic solid waste
Adopting measures to
deodorize odors at landfill cells and spray water to reduce dust during
operation; having systems for collecting and treating gases and leachate
treatment stations that meet the environmental protection requirements and
adopting recycling and reuse measures.
0,7
3
Landfills for inert
waste
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Adopting measures to
spray water to reduce dust during operation and covers to prevent rainwater
infiltration into the operating landfill cells
0,5
4
Landfills for
hazardous waste
1,0
5
Facilities for
treatment of domestic solid waste and normal industrial solid waste using
biotechnology
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- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
0,6
0,7
6
Facilities for
treatment of domestic solid waste and normal industrial waste using
incineration technology
6.1
Facilities for treatment
of domestic solid waste and normal industrial waste using non-energy recovery
incineration technology
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Having access roads for
garbage trucks, negative-pressure waste pits, and systems for collecting and
treating emissions meeting environmental protection requirements; ensuring
that wastewater is treated in a manner that meets the environmental
protection requirements and green tree areas and water surface areas ≥ 20%
(excluding the green tree trips for isolation):
- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
0,7
0,8
6.2
Facilities for
treatment of domestic solid waste and normal industrial waste using energy
recovery incineration technology
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Having access roads for
garbage trucks and negative-pressure waste pits, and systems for collecting
and treating emissions meeting environmental protection requirements,
adopting measures to deodorize odors and reduce humidity, and ensuring that
wastewater is treated in a manner that meets the environmental protection
requirements and green tree areas and water surface areas ≥ 20% (excluding
the green tree trips for isolation):
- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
0,7
0,8
6.2.2
Having access roads for
garbage trucks and negative-pressure waste pits, and systems for collecting
and treating emissions meeting national environmental protection requirements
of one of the developed industrialized countries, adopting measures to deodorize
odors and reduce humidity, and ensuring that green tree areas and water
surface areas ≥ 25% (excluding the green tree trips for isolation):
- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
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0,7
6.2.3
Having access roads for
garbage trucks and negative-pressure waste pits, and systems for collecting
and treating emissions meeting national environmental protection requirements
of one of the developed industrialized countries, adopting measures to
deodorize odors and reduce humidity, and ensuring that green tree areas and
water surface areas ≥ 30% (excluding the green tree trips for isolation):
- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
0,5
0,6
6.3
Facilities for
treatment of solid waste and normal industrial waste using waste-to-energy
incineration technology applying the best available techniques implemented in
developed industrialized countries and permitted for use in Vietnam
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6.3.1
Having access roads for
garbage trucks and negative-pressure waste pits, and systems for collecting
and treating emissions meeting environmental protection requirements,
adopting measures to deodorize odors and reduce humidity, and ensuring that
wastewater is treated in a manner that meets the environmental protection
requirements and green tree areas and water surface areas ≥ 20% (excluding
the green tree trips for isolation):
- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
0,7
0,8
6.3.2
Having access roads for
garbage trucks and negative-pressure waste pits, and systems for collecting
and treating emissions meeting national environmental protection requirements
of one of the developed industrialized countries, adopting measures to
deodorize odors and reduce humidity, and ensuring that green tree areas and
water surface areas ≥ 25% (excluding the green tree trips for isolation):
- Average capacity
scale of under 500 tons/day
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0,6
0,7
6.3.3
Having access roads for
garbage trucks and negative-pressure waste pits, and systems for collecting
and treating emissions meeting national environmental protection requirements
of one of the developed industrialized countries, adopting measures to deodorize
odors and reduce humidity, and ensuring that green tree areas and water
surface areas ≥ 30% (excluding the green tree trips for isolation):
- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
0,5
0,6
7
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Types of capacity scale
1,0
8
Facilities for
recycling of hazardous waste
Applying advanced
technologies and environmental protection measures to handle secondary pollution
and ensuring that green tree areas and water surface areas ≥ 15% (excluding
the green tree trips for isolation):
Types of capacity scale
0,8
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Facilities for
treatment of normal sewage sludge
Having a water/sludge
separation stage and odor treatment systems; ensuring that green tree areas
and water surface areas ≥ 15% (excluding the green tree trips for isolation):
- Average capacity
scale of under 500 tons/day
- Large capacity scale
of 500 tons/day or more
0,7
0,8
10
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1,0
Note: Waste treatment facilities or concentrated waste treatment
areas at risk of spreading dust, unpleasant odors, noise causing adverse
effects on human health may only apply KCN when they satisfy the criteria for
applied technologies prescribed in this Table.
4. MANAGEMENT PROVISIONS
4.1. This Regulation provides for regulations that must be
complied with in environmental protection, serving as the tool for competent
agencies to consider and apply when approving locations of research on planning
formulation, introducing investment project implementation places, or approving
and deciding on investment guidelines, investment decisions, and issuance of
investment registration certificates for projects at risk of spreading dust,
unpleasant odors, noise causing adverse effects on human health.
4.2. The selection of locations for investment in the
construction of production, business, service facilities and warehouses at risk
of spreading dust, unpleasant odors, noise causing adverse effects on human
health shall conform with this Regulation.
5. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
5.1. Environmental authorities shall inspect compliance with this
Regulation during the establishment, appraisal, approval, and management of
production, business, service facilities and warehouses at risk of spreading
dust, unpleasant odors, noise causing adverse effects on human health in their
areas.
5.2. Organizations and individuals relevant to operations of
production, business, service facilities and warehouses at risk of spreading
dust, unpleasant odors, noise causing adverse effects on human health shall
comply with this Regulation.
6. IMPLEMENTATION
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6.2. Where any legislative document, national technical
regulation, or national standard cited in this Regulation is amended or
replaced, comply with its new edition./.