Circular No. 02/2025/TT-BTNMT on National Technical Regulations on Environmental Safety Distances for Residential Areas from Production, Business, Service Establishments, and Warehouses with Risk of Dust, Unpleasant Odors, and Noise Harmful to Human Health

CIRCULAR

Issuing National Technical Regulations 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 Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Environmental Protection Law dated November 17, 2020;

Pursuant to Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection and Decree No. 05/2025/NĐ-CP dated January 6, 2025 of the Government amending and supplementing certain provisions of Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations and Decree No. 78/2018/NĐ-CP dated May 16, 2018 of the Government amending and supplementing certain provisions of Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing the implementation of certain provisions of the Law on Standards and Technical Regulations;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Department of Environment and the Director of the Department of Science and Technology;

The Minister of Natural Resources and Environment issues this Circular issuing National Technical Regulations 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. Attached to this Circular are National Technical Regulations 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, code QCVN 01:2025/BTNMT.

Article 2. Effective Date

This Circular shall take effect six months from the date of issuance.

Article 3. Transitional Provisions

1. Production, business, service facilities, and warehouses currently in operation and investment projects that have been approved by competent authorities for site research planning, project location introduction, approval, investment policy decision, investment decision, and investment registration certificate before the effective date of these Regulations shall continue to implement according to the approved decisions until the end of the investment project term. In case of adjustment of the investment project or ongoing facility operations towards increasing adverse effects on human health after the effective date of these Regulations, they must comply with these Regulations.

2. Entities subject to Clause 1 of this Article causing environmental pollution or having adverse effects on human health must implement one of the following contents:

a) Project sponsors and facilities must review and improve environmentally friendly technology, apply best available techniques to ensure compliance with environmental technical standards.

b) Relocate facilities to locations meeting the requirements of these Regulations according to the schedule prescribed by the People's Committee of the province.

Article 4. Organization of Implementation

1. Ministries, ministerial-level agencies, People's Committees at all levels, Provincial Departments of Natural Resources and Environment under central cities, and related organizations and individuals are responsible for implementing this Circular.

2. In cases where legal normative documents serving as references in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented legal normative documents or the replacing documents./.

SOCIALIST REPUBLIC OF VIETNAM

QCVN 01:2025/BTNMT

AMENDMENT 1:2025 QCVN 07:2023/BXD
ON ENVIRONMENTAL SAFETY DISTANCE FROM RESIDENTIAL AREAS
FOR PRODUCTION, BUSINESS, SERVICE FACILITIES AND WAREHOUSES
AT RISK OF SPREADING DUST, UNPLEASANT ODORS, NOISE
CAUSING ADVERSE EFFECTS ON HUMAN HEALTH

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

HANOI - 2025

QCVN 01:2025/BTNMT

Foreword

QCVN 01:2025/BTNMT was compiled by the Department of Environment, reviewed by the Department of Science and Technology, examined by the Ministry of Science and Technology, and issued by the Minister of Natural Resources and Environment pursuant to Circular No. .../2025/TT-BTNMT dated ..., ..., 2025.

QCVN 01:2025/BTNMT

AMENDMENT 1:2025 QCVN 07:2023/BXD
ON ENVIRONMENTAL SAFETY DISTANCE FROM RESIDENTIAL AREAS
FOR PRODUCTION, BUSINESS, SERVICE FACILITIES AND WAREHOUSES
AT RISK OF SPREADING DUST, UNPLEASANT ODORS, NOISE
CAUSING ADVERSE EFFECTS ON HUMAN HEALTH

National technical regulation on environmental safety distance from residential areas to production, business, service facilities and warehouses at risk to spreading dust, unpleasant odors, noise causing adverse effects on human health

Chapter 1. GENERAL PROVISIONS

1.1. Scope of Application

These Regulations specify 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, and waste treatment facilities, centralized waste treatment areas shall be determined according to the provisions in Table 1 and Section 3.2 of these Regulations.

1.1.2 The environmental safety distance from residential areas to livestock farms shall be carried out according to the provisions of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law on livestock activities and Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023 of the Minister of Agriculture and Rural Development amending and supplementing certain provisions of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law on livestock activities.

1.1.3. The safe environmental distance for production, business, service facilities, and warehouses that have a risk of dispersing dust, unpleasant odors, and noise affecting human health, which do not fall under the cases specified in points 1.1.1 and 1.1.2, shall be implemented in accordance with Circular No. 01/2021/TT-BXD dated May 19, 2021, issued by the Minister of Construction on National Technical Regulations on Urban Planning (QCVN 01:2021/BXD) or refer to the values in Appendix 3 of Technical Regulation TCVN 4449:1987 on Urban Planning - Design Standards to determine the safe environmental distance.

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1.1.4. Production, business, service facilities, and warehouses that have a risk of dispersing dust, unpleasant odors, and noise affecting human health located within industrial zones, concentrated business and service areas, industrial clusters, and centralized waste treatment areas shall be implemented according to the functional zoning of those areas.

1.1.5. Wastewater treatment works in urban areas shall be carried out in accordance with the wastewater treatment planning or regulations of the People's Committee of the province.

1.2. Applicability

1.2.1. This standard applies to state agencies, organizations, and individuals (hereinafter referred to as organizations and individuals) related to the safe environmental distance from residential areas for production, business, service facilities, and warehouses that have a risk of dispersing dust, unpleasant odors, and noise affecting human health within the territory of Vietnam.

1.2.2. This standard does not apply to production, business, service facilities, and warehouses located within industrial zones, concentrated business and service areas, industrial clusters, and centralized waste treatment areas.

1.3. Definitions

In this regulation, the following terms are understood as follows:

1.3.1. Safe environmental distance (LKCATMT) is the minimum distance from the source of pollution (or buildings containing the source of pollution) to existing and lawful structures in residential areas including: individual houses, apartment buildings, educational facilities, healthcare facilities, cultural and social facilities, sports facilities, tourism facilities, and other public facilities with concentrated populations.

1.3.2. Safe environmental distance of the facility (Lkccs) is the safe environmental distance from the components of the production, business, service, and warehouse facilities that have a risk of dispersing dust, unpleasant odors, and noise affecting human health, which meet technical standards for the environment.

1.3.3. Unpleasant odor is an offensive, putrid smell or a smell generated from the components of production, business, service, and warehouse facilities that cause discomfort and negative effects on the sense of smell of humans.

1.3.4. Risk of dispersion is the possibility that pollutants (dust, unpleasant odors, noise) from emission sources will disperse into the surrounding environment.

Chapter 2. TECHNICAL PROVISIONS

2.1. Determination of the safe environmental distance (LKCATMT) for the nearest residential area of production, business, service facilities, and warehouses that have a risk of dispersing dust, unpleasant odors, and noise affecting human health shall be based on the scale, operating capacity, nature of dust, unpleasant odors, noise levels through the application of production technology, structures, and environmental protection measures adopted by the facility.

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2.2. The value of the safe environmental distance of the facility (Lkccs) from the emission source to the nearest structure in the residential area is stipulated in Table 1 below.

Table 1. Values of the safe environmental distance of the facility from the emission source to the nearest structure in the residential area

Unit of measurement: meters (m)

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A green belt must be arranged around the construction area of new waste treatment facilities (minimum width of 10 m) and new centralized waste treatment areas (minimum width of 20 m), except for cases specified in item 11.2 of Table 1.

In the case where new waste treatment facilities or centralized waste treatment areas are newly invested and must be located at the windward side of the city, the safe environmental distance of the facility must increase by at least 1.5 times.

3. METHODS FOR DETERMINING SAFE ENVIRONMENTAL DISTANCE

3.1. The safe environmental distance (LKCATMT) is determined from the emission source of each component of production, business, service, and warehouse facilities that have a risk of dispersing dust, unpleasant odors, and noise affecting human health to the nearest structure in the residential area.

3.2. The safe environmental distance (LKCATMT) from the emission point to the nearest structure in the residential area of production, business, service, and warehouse facilities that have a risk of dispersing dust, unpleasant odors, and noise affecting human health is calculated using the following formula:

Lkcatmr = Kcn x Lkcos

Where:

KCN: Adjustment factor according to the level of applied technology as specified in Table 2 of this standard.

LKCCS: Safe environmental distance of the facility as stipulated in Table 1 of this standard.

3.3. For production, business, service, and warehouse facilities with multiple emission sources, the safe environmental distance is determined from the nearest emission source of the production, business, service, and warehouse facility to the residential area. If the exact emission source cannot be accurately identified, it will be converted to a point source by determining a position on the perimeter of the emission source. The safe environmental distance is determined from the converted position to the nearest structure in the residential area.

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3.4. The method for measuring the safe environmental distance for point emission sources is to determine the coordinates of the emission point and the boundary of the residential area based on the national coordinate system VN2000.

Table 2. Adjustment factor according to the level of applied technology (KCN)

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Note: Waste treatment facilities or centralized waste treatment areas that have a risk of dispersing dust, unpleasant odors, and noise affecting human health can only apply the KCN factor when fully meeting the criteria for applied technology as specified in this table.

Chapter 4. MANAGEMENT PROVISIONS

4.1. This standard mandates compliance in environmental protection work and serves as a tool for competent authorities to consider and apply when approving research locations for planning or introducing project implementation sites or when approving investment policies, making investment decisions, issuing investment registration certificates for projects that have a risk of dispersing dust, unpleasant odors, and noise affecting human health.

4.2. The selection of locations for constructing production, business, service, and warehouse facilities that pose risks of dust, unpleasant odors, and noise detrimental to human health must comply with the provisions set forth in this Standard.

5. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

5.1. State management agencies on the environment shall be responsible for organizing inspections to ensure compliance with this Standard during the establishment, review, approval, and management of production, business, service, and warehouse facilities that pose risks of dust, unpleasant odors, and noise detrimental to human health within their jurisdiction.

5.2. Organizations and individuals involved in the operation of production, business, service, and warehouse facilities that pose risks of dust, unpleasant odors, and noise detrimental to human health must comply with the provisions of this Standard.

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6. IMPLEMENTATION ORGANIZATION

6.1. State management agencies on the environment shall be responsible for guiding, inspecting, and supervising the implementation of this Standard.

6.2. In cases where laws, regulations, national technical standards, or national standards cited in this Standard are amended, supplemented, or replaced, the new documents shall apply./.