Environmental technical regulations and environmental standards in Vietnam
Vietnam law has regulations on environmental technical regulations and environmental standards. Let’s find out this issue with lawyer X through the following situation: “Dear Lawyer! I want to ask what are environmental technical regulations in Vietnam? What are requirements concerning environmental technical regulations on ambient environment quality? Thanks for answering me!”
Legal grounds
- Vietnam law on environmental protection
What are Environmental technical regulations?
– 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.
Rules for formulating and applying environmental technical regulation ambient environment quality; environmental technical regulations on limits of persistent pollutants present in raw materials, fuels, materials, products, goods and equipment
– The formulation of environmental technical regulations on ambient environment quality must adhere to the following rules:
+ Achieve the objectives for protecting and improving the living environment to ensure human health, development of creatures and sustainable of ecosystems; serve planning activities, environmental zoning and environmental quality assessment;
+ Ensure that they are equivalent to those of developing countries and conform to national and regional natural and socio-economic conditions.
– The application of environmental technical regulations on ambient environment quality must adhere to the following rules:
+ Serve as the basis for classifying and assessing environmental quality in one location or one area;
+ Serve as the basis for carrying out environmental zoning for intended purposes of management and use;
+ Serve as the basis for formulating environmental quality management plans, considering issuing environmental licenses to entities that discharge waste into the environment and ensuring the discharge serves the purpose of environmental quality management in planned, zoned or classified areas.
– Environmental technical regulation on limits of persistent pollutants present in raw materials, fuels, materials, products, goods and equipment must aim to protect human health and prevent environmental protection under the international treaties to which Socialist Republic of Vietnam is a signatory.
Rules for formulation and application of environmental technical regulations on waste, waste management and management of scrap imported from foreign countries as production materials
– The formulation of environmental technical regulations on waste, waste management and management of scrap imported from foreign countries as production materials must adhere to the following rules:
+ Environmental technical regulations on waste and waste management must be relevant to technical and technological level, technology, socio-economic development level from time to time; harmonize with regulations of countries in the region and in the world; encourage businesses to transfer and apply new technologies, best available techniques, clean technologies and environmentally-friendly technologies;
+ Environmental technical regulation on waste must suit the receiving zones and areas; be formulated according to the planning and environmental zoning; serve the purpose of environmental quality management and improvement;
+ Environmental technical regulation on waste management must be in line with the purposes and requirements concerning collection, storage and treatment of each type of waste;
+ Environmental technical regulation on management of scrap imported from foreign countries as production materials must function as a barrier to prevent and control the import of waste into Vietnam in the future;
+ Environmental technical regulations on waste, waste management and management of scrap imported from foreign countries as production materials must be reviewed, updated and adjusted every 05 years or when necessary, in a more stringent manner if the environmental quality fails to serve the purpose of environmental quality management;
+ Local environmental technical regulations on waste and waste management must be formulated in a manner that is more stringent than national environmental technical regulations.
– The application of environmental technical regulations on waste and waste management must adhere to the following rules:
+ Environmental technical regulations on waste and waste management must be applied to control pollutants produced by businesses; ensure no environmental pollution is caused;
+ Environmental technical regulation on waste must be applied to serve the purpose of environmental quality management in receiving areas and zones and according to the quantity and volume of waste;
+ New investment projects and expansion projects must satisfy the latest requirements specified in the environmental technical regulations on waste and waste management;
+ Businesses that are operating must formulate a plan to implement the roadmap for application of environmental technical regulations on waste and waste management or relocation plan in case of failure to satisfy the requirements;
+ If a national environmental technical regulation on technology or equipment that produces waste, environmental quality parameters or pollutants present in waste is yet to be available, the national environmental technical regulation of one of the developed countries shall apply.
– The application of the environmental technical regulation management of scrap imported from foreign countries as production materials must adhere to the following rules:
+ The environmental technical regulation management of scrap imported from foreign countries as production materials shall serve as one of the bases for customs clearance of shipments of scrap. In case of failure to satisfy the requirements, it is required to re-export them as prescribed;
+ The environmental technical regulation management of scrap imported from foreign countries as production materials must be applied to each shipment of scrap registered for inspection, except for the case of exemption from inspection prescribed by law.
Requirements concerning environmental technical regulations on ambient environment quality
– 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.
Requirements concerning environmental technical regulations on waste, waste management and management of scrap imported from foreign countries as production materials
– Environmental technical regulations on waste must define permissible limits of pollutants present in waste. Permissible limits of pollutants present in waste must be determined according to toxic properties of the pollutants, volume and environmental zoning.
– The environmental technical regulation on waste management must define technical and managerial requirements for collection, storage and treatment to avoid environmental pollution.
– The environmental technical regulation on management of scrap imported from foreign countries as production materials must define technical and managerial requirements and maximum permissible levels of impurities present in scrap shipments.
– The environmental technical regulations on waste and waste management must introduce an appropriate roadmap for application thereof.
– The environmental technical regulations specified in this Article must provide guidance on reference methods for collecting, measuring and analyzing samples to determine technical indicators and parameters.
Formulation, appraisal and promulgation of environmental technical regulations
– 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.
Regulations on Environmental standards
– Environmental standards include ambient environment quality standard, environmental standard on waste management and other environmental standards.
– Whole or part of an environmental standard becomes compulsorily applicable if it is referred to in a legal document or environmental technical regulation.
– An internal environmental standard shall be applicable within the organization issuing such standard.
Establishment, appraisal and announcement of environmental standards
– Power and procedures for establishing and appraising environmental standards must comply with regulations of law on standards and technical regulations.
– The Ministry of Natural Resources and Environment shall organize the establishment and request appraisal of national environmental standards.
– The Ministry of Science and Technology shall organize appraisal of and announce national environmental standards.
– Agencies and organizations shall establish and announce internal environmental standards in accordance with regulations of law on standards and technical regulations.
Application of best available techniques
– Owners of investment project and businesses involved in types of production, business and services that are likely to cause environmental pollution shall study and apply best available techniques according to the roadmap prescribed by the Government; provide information upon request to serve the development of technical guidance on application of best available techniques.
– Criteria for determining best available techniques:
+ The ability to reduce amount of pollutants;
+ The ability to increase amount of recyclable waste;
+ Costs of application and operation of the best available techniques;
+ The ability to save energy;
+ Proactivity in pollution prevention and control
– The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Science and Technology, other Ministries and ministerial agencies concerned in developing and providing technical guidance on application of best available techniques or consider recognizing the best available techniques already applied by developed countries and permitted for application in Vietnam; review, update and supplement the list of best available techniques in a manner that is relevant to the current situation and level of science and technology development; provide technical guidance on application of best available techniques for each type of production, business or service that is likely cause environmental pollution.
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Frequently asked questions
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.
The formulation of environmental technical regulations on ambient environment quality must adhere to the following rules:
+ Achieve the objectives for protecting and improving the living environment to ensure human health, development of creatures and sustainable of ecosystems; serve planning activities, environmental zoning and environmental quality assessment;
+ Ensure that they are equivalent to those of developing countries and conform to national and regional natural and socio-economic conditions.
Environmental technical regulation on limits of persistent pollutants present in raw materials, fuels, materials, products, goods and equipment must aim to protect human health and prevent environmental protection under the international treaties to which Socialist Republic of Vietnam is a signatory.
Conclusion: So the above is Environmental technical regulations and environmental standards in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
