Vietnam has regulations on urban and rural environmental protection. Let’s find out this issue with lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on environmental protection of urban areas and residential areas in Vietnam? What are regulations on Rural environmental protection in Vietnam?
Legal grounds
- Vietnam law on Environmental protection
Environmental protection of urban areas and residential areas
– Environmental protection of urban areas and high density residential areas shall must ensure sustainable development associated with sustention of natural, cultural, historical elements, the ratio of green space, and satisfaction of requirements concerning landscape and environmental hygiene according to the planning.
– Urban areas and high density residential areas shall satisfy environmental protection requirements. To be specific:
+ Water supply and drainage networks and public sanitation facilities must satisfy environmental protection requirements; wastewater collection and treatment systems must be consistent and conformable with the approved planning; if such urban areas and high density residential areas are form before the effective date of this Circular but fail to provide land for construction of wastewater collection and treatment systems, they shall comply with Point c Clause 5 Article 86 of this Law;
+ Equipment, vehicles and places for classifying solid waste at source, collecting and storing domestic solid waste must suit the quantity and type of waste generated from households and individuals in the urban areas and high density residential areas;
+ The green space, water surface and open space are present in urban areas and high density residential areas as prescribed by law.
– Parks, flower gardens, trees, water surface, public roads and natural ecosystem must be protected, preserved and renewed in accordance with requirements concerning aesthetics and environmental protection and must not be encroached upon, leveled or used for wrong purposes.
– Residential areas and residential clusters must designate a pollution-free place for temporary storage of domestic solid waste before being transported a designated place for treatment as prescribed.
– Investors in urban areas and high density residential areas must comply with the environmental protection requirements specified in Clauses 1, 2, 3 and 4 of this Article.
Rural environmental protection
– Requirements for rural environmental protection:
+ Organizations, households and individuals involved in handicraft production, agricultural production and processing must adhere to the planning and regulations of law on environmental protection without affecting ambient environment quality; waste must be collected, reused and treated in accordance with environmental protection requirements;
+ Rural residential clusters must have water drainage systems and take appropriate measures for waste treatment; waste aggregation points must be properly located; domestic animals must not be pastured in public places; autonomy in environmental protection is encouraged;
+ Landscapes, trees, lakes, ponds and surface water ecosystems; water sources must be preserved, protected, remediated and improved;
+ Waste generated in rural areas must be managed in accordance with law; organic domestic waste, waste generated from livestock production and processing, and agricultural by-products must be recalled, reused or used as production materials;
+ Rural environmental quality must be monitored and assessed; pollution areas must be determined, zoned, dealt with, improved and remediated and measures must be implemented to improve environmental quality.
– Responsibility for rural environmental protection:
+ Communal People’s Committees shall statistically report and manage types of domestic waste, agricultural waste and handicraft industry waste generated within their communes; organize activities aimed at maintaining environmental hygiene and improving rural landscape; promulgate regulations on autonomy in environmental protection in rural areas;
+ District-level People’s Committees shall manage production, business operation and service provision in accordance with environmental protection regulations according to the approved planning; manage waste collection and treatment within their districts; invest in and upgrade systems for wastewater drainage and treatment systems, solid waste collection and treatment in rural areas; organize monitoring and assessment of changes in environmental quality; zone, deal with, improve, remediate and improve environment in pollution points and areas in rural areas;
+ Provincial People’s Committees shall provide directions and resources for rural environmental protection; direct and organize treatment of waste generated in rural areas; promulgate and provide guidelines for application of policies on provision of incentive and assistance for waste treatment, landscaping and environmental protection in rural areas;
+ The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Agriculture and Rural Development in providing guidelines for satisfying criteria for rural environmental protection, implementing measures for waste collection and treatment, monitoring changes in environmental quality, dealing with pollution and improving and remediating environment in rural areas;
+ The Ministry of Agriculture and Rural Development shall provide guidelines for collecting and treating livestock waste and agriculture by-products to be reused for other purposes; preside over and cooperate with the Ministry of Natural Resources and Environment in formulating and organizing the execution of rural development programs, projects, mechanisms and policies in association with the objectives for environmental protection and climate change adaptation;
+ The Prime Minister shall lay down criteria for environmental protection in rural development.
Environmental protection of public places
– Organizations, households and individuals shall implement regulations on environmental protection and maintain hygiene in public places; classify waste and put it into each type of public trashcan or designated places; not let domestic animals spoil public hygiene.
– Managers of parks, recreation areas, concentrations of businesses and service providers, markets, train stations, bus stations, ports, ferry terminals and other public areas shall:
+ assign personnel to collect waste and clean the environment in places under their management; have personnel or teams in charge of environmental protection for supervision purpose;
+ build and install public sanitation facilities and in situ waste treatment works in accordance with environmental protection; have vehicles and equipment for collecting, managing and treating waste in line with environmental protection requirements;
+ promulgate, openly post and organize the implementation of regulations on hygiene maintenance and environmental protection in public places under their management;
+ promptly discover violations against the law on environmental protection committed by entities and propose penalties therefor as prescribed by law.
– The authority appraising construction designs and issuing construction permits to the managers specified in Clause 2 of this Article shall, according to regulations of law on construction, collect specialized environmental protection authorities’ comments about the works and equipment for in situ wastewater treatment and equipment for collection and temporary storage of waste during the appraisal and issuance in accordance with the Government’s regulations.
Environmental protection by households and individuals
– Households and individuals shall:
+ minimize and classify domestic solid waste at source, collect and transport classified domestic waste to designated places;
+ minimize, treat and discharge wastewater into designated places; not let domestic animals spoil hygiene in residential areas;
+ not emit exhaust gases, make noises, vibration, and other impacts which cause negative impacts to the local community;
+ pay the fees for waste collection, transport and treatment services as prescribed by law;;
+ participate in environmental protection in residential community;
+ have sanitation works as prescribed. In case of failure to have any work or equipment for wastewater treatment or construction, renovation or repair of a detached house in an urban area or high density residential area, it is required to construct and install work or equipment for in situ wastewater treatment in accordance with environmental protection requirements as prescribed.
– Household scale livestock farms must maintain hygiene, not make noises and emit unpleasant odors; livestock waste must be collected and treated in accordance with regulations of law on environmental protection and other relevant regulations of law.
– Authorities appraising construction designs and issuing construction permits to construction works and residential houses of households and individuals in urban areas in accordance with regulations of law on construction shall appraise construction designs and issue construction permits, including works and equipment for in situ wastewater treatment in accordance with environmental protection requirements.
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Frequently asked questions
Environmental protection of urban areas and high density residential areas shall must ensure sustainable development associated with sustention of natural, cultural, historical elements, the ratio of green space, and satisfaction of requirements concerning landscape and environmental hygiene according to the planning.
Parks, flower gardens, trees, water surface, public roads and natural ecosystem must be protected, preserved and renewed in accordance with requirements concerning aesthetics and environmental protection and must not be encroached upon, leveled or used for wrong purposes.
Organizations, households and individuals shall implement regulations on environmental protection and maintain hygiene in public places; classify waste and put it into each type of public trashcan or designated places; not let domestic animals spoil public hygiene.
Conclusion: So the above is Regulations on urban and rural environmental protection in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
