Nowadays, noise pollution is a very common type of pollution in big cities, especially in Hanoi and Ho Chi Minh City. The current law has quite strict regulations on sanctioning when making noise for other people, depending on the severity of the violation, corresponding fines are given. So about the matter “How much is the fine for a noise violation in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Circular 39/2010/TT-BTNMT
How much is the fine for a noise violation in Vietnam?
Penalties for violations of noise are as follows:
According to Article 22 of Decree 45/2022/ND-CP stipulating the level of administrative penalties for noise violations as follows:
1. A warning will be imposed for making noise in excess of the technical regulation on noise below 02 dBA.
2. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for making noise in excess of the technical regulations on noise from 02 dBA to under 05 dBA.
3. A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for making noise in excess of the technical regulations on noise from 05 dBA to less than 10 dBA.
4. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for making noise in excess of the technical regulations on noise from 10 dBA to less than 15 dBA.
5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for making noise in excess of the technical regulations on noise from 15 dBA to less than 20 dBA.
6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for making noise in excess of the technical regulation on noise from 20 dBA to less than 25 dBA.
7. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for making noise in excess of the technical regulations on noise from 25 dBA to less than 30 dBA.
8. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for making noise in excess of the technical regulations on noise from 30 dBA to less than 35 dBA.
9. A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for making noise in excess of the technical regulations on noise from 35 dBA to less than 40 dBA.
10. A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed for making noise in excess of the technical regulations on noise by 40 dBA or more.
Additional Penalties
According to Clause 11 Article 22 of Decree 45/2022/ND-CP, with the source of noise pollution being production facilities, the following additional penalties shall be applied:
In case of violations specified in Clauses 4, 5, 6 and 7 above: Suspend the establishment’s noise-polluting activities for 3 to 6 months.
In case of violations specified in Clauses 8, 9 and 10: Suspend the establishment’s operation from 06 to 12 months.
Violation of regulations on vibration and handling sanctions
Pursuant to Article 23 of Decree 45/2022/ND-CP (effective from August 25, 2022) stipulates the above content as follows:
Violation of regulations on vibration
1. Penalties for violations of regulations on vibration in construction activities are as follows:
a) A warning will be imposed for acts of causing vibration in excess of the technical regulation on vibration of less than 02 dB;
b) A fine of between VND 1,000,000 and 5,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration from 02 dB to under 05 dB;
c) A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration from 05 dB to under 10 dB;
d) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 10 dB to less than 15 dB;
dd) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 15 dB to under 20 dB;
e) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 20 dB to under 25 dB;
g) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration from 25 dB to under 30 dB;
h) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 30 dB to under 35 dB;
i) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration from 35 dB to less than 40 dB;
k) A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration by 40 dB or more.
2. Penalties for violations against regulations on vibration in production, trade and service activities are as follows:
a) A warning will be imposed for acts of causing vibration in excess of the technical regulation on vibration of less than 02 dB;
b) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration from 02 dB to under 05 dB;
c) A fine ranging from VND 5,000,000 to VND 30,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration from 05 dB to under 10 dB;
d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 10 dB to less than 15 dB;
dd) A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 15 dB to under 20 dB;
e) A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration from 20 dB to under 25 dB;
g) A fine ranging from VND 90,000,000 to VND 110,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 25 dB to under 30 dB;
h) A fine ranging from VND 110,000,000 to VND 130,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 30 dB to under 35 dB;
i) A fine ranging from VND 130,000,000 to VND 150,000,000 shall be imposed for causing vibration in excess of the technical regulations on vibration from 35 dB to less than 40 dB;
k) A fine ranging from VND 150,000,000 to VND 170,000,000 shall be imposed for causing vibration in excess of the technical regulation on vibration by 40 dB or more.
3. Additional sanctioning forms:
a) Suspend the establishment’s vibration-causing activities for 3 to 6 months for violations specified at Points d, dd, e and g, Clause 1 and Points d, dd, e and g, Clause 2. This;
b) Suspend the establishment’s operation from 06 to 12 months for violations specified at Points h, i and k Clause 1 and Points h, i and k Clause 2 of this Article.
4. Remedial measures:
a) Enforce the application of measures to reduce vibrations meeting technical regulations within the time limit set by the person with sanctioning competence in the decision on sanctioning administrative violations, for the violations specified in this Article. ;
b) Enforced payment of expenses for soliciting assessment, inspection, measurement and analysis of environmental samples in case of violations of vibration exceeding environmental technical regulations according to current norms and unit prices for the violate the provisions of this Article.
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Frequently asked questions
According to the provisions in Section 2.1 of Circular 39/2010/TT-BTNMT on the National Technical Regulation on the environment, the maximum permissible limit on noise:
• In special areas (the area within the fence of medical facilities, libraries, kindergartens, schools, churches, communal houses, pagodas and other areas with special regulations): 55dBA (from 6am): until 21h) and 45dBA (21h to 6h).
• In general areas (apartment buildings, separate or adjacent houses, hotels, motels, administrative offices): 70dBA (from 6:00 a.m. to 9:00 p.m.) and 55dBA (from 9:00 p.m. to 6:00 p.m.).
Periodic noise and vibration monitoring is specified in Article 7 of Circular 10/2021/TT-BTNMT, specifically as follows:
Noise monitoring parameters include: equivalent sound level (Leq), maximum equivalent sound level (Lmax).
Vibration monitoring parameters: vibration acceleration (dB) or vibration acceleration (m/s2).
The noise monitoring method complies with TCVN 7878 (including 2 parts TCVN 7878-1:2018 and TCVN 7878-2:2018) – Acoustics – Description, measurement and assessment of environmental noise.
Vibration monitoring method: comply with TCVN 6963:2001 – Vibration and vibration – Vibration due to construction activities and industrial production – Measurement method.
For environmental quality monitoring programs at national and provincial levels, centrally-run cities, the frequency of noise and vibration monitoring must be at least 02 months/time (06 times/year).
According to Article 68 of Decree 45/2022/ND-CP stipulating the sanctioning competence for noise violations including:
Presidents of People’s Committees at all levels;
Specialized inspector of natural resources and environment;
Police;
Specialized Inspectors of Culture, Sports and Tourism;
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