Circular No. 02/2025/TT-BTNMT dated February 12, 2025 on 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
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MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 02/2025/TT-BTNMT |
Hanoi, February 12, 2025 |
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;
The Minister of Natural Resources and Environment of Vietnam hereby promulgates the Circular on promulgation of the 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.
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
1. Ministries, ministerial agencies, People’s Committees at all levels, Departments of Natural Resources and Environment of provinces and centrally affiliated cities, and relevant organizations and individuals shall implement this Circular.
2. Where any legislative document cited in this Circular is amended or replaced, comply with its new edition./.
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PP. MINISTER |
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
QCVN 01:2025/BTNMT is compiled by the Department of Environment, proposed by the Department of Science and Technology, appraised by the Ministry of Science and Technology of Vietnam, and promulgated by the Minister of Natural Resources and Environment of Vietnam under Circular No. ………/2025/TT-BTNMT dated ……..
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.
1.1.5. Domestic wastewater treatment works in urban areas shall comply with the wastewater treatment planning or regulations of the provincial People’s Committees.
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.
2. TECHNICAL PROVISIONS
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 |
500 |
|
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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5 |
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 |
Facilities for treatment of domestic solid waste and normal industrial solid waste using energy recovery incineration technology |
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 |
500 |
|
9 |
Facilities for treatment of normal sewage sludge |
500 |
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10 |
Facilities for treatment of domestic solid waste, normal industrial solid waste, and hazardous waste using other technologies |
500 |
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11 |
Factories and stations for wastewater treatment |
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|
11.1 |
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 |
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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) - 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 |
15 30 40 |
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12 |
Works for treatment of residual sludge |
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12.1 |
Works for treatment of residual sludge using sludge during beds: - 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 |
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12.2 |
Works for treatment of residual sludge using mechanical equipment: - 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 |
100 300 400 |
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.
3.2. Environmental safety distance is determined 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 shall be determined according to the following formula:
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)
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No. |
Applied technology |
Adjustment coefficient by level of applied technology (KCN) |
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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 0,8 |
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2 |
Landfills for hygienic solid waste |
|
|
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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 |
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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 |
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4 |
Landfills for hazardous waste |
1,0 |
|
5 |
Facilities for treatment of domestic solid waste and normal industrial solid waste using biotechnology |
|
|
|
Facilities for treatment of domestic solid waste and normal industrial solid waste using biotechnology in enclosed workshops shall have systems for recovering and collecting gases emitted from the wastewater treatment meeting the environmental protection requirements; ensure that residual sludge from the treatment is recovered and reused for conformable purposes and 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 |
0,6 0,7 |
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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 |
|
|
|
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 |
|
|
6.2.1 |
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 |
|
6.2.2 |
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 |
0,6 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 |
|
|
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 - Large capacity scale of 500 tons/day or more |
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 |
Facilities for treatment of hazardous waste using incineration technology 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 |
|
9 |
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 |
Facilities for treatment of waste using other technologies |
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
6.1. Environmental authorities shall instruct, inspect, and supervise the implementation of this Regulation.
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./.
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