Chương II Luật Bảo vệ môi trường 2005: Tiêu chuẩn môi trường

Chapter II

ENVIRONMENTAL STANDARDS

Article 8: Principles for Establishment and Application of Environmental Standards

1. The establishment and application of environmental standards must observe the following principles:

a) To ensure the achievement of objectives set forth to protect the environment and prevent environmental pollution, degradation and incidents;

b) To ensure the established environmental standards to be timely issued, feasible and consistent with levels of socio-economic development and technology development of the country, and satisfy the requirements for international economic integration;

c) To be appropriate to specific characteristics of geographical regions, economic sectors, and specific types of production, business and service and technologies.

2. Organizations and individuals must observe the obligatory environmental standards proclaimed by the State.

Article 9: Contents of National Environmental Standards

1. Categories of standard;

2. Environmental parameters and limit values;

3. Objects of the application of the standards;

4. Procedures and methods for guiding the application of the standards;

5. Terms and conditions for the application of the standards;

6. Measurement, sampling and analytical methods.

Article 10: National System of Environmental Standards

1. The national system of environmental standards includes sets of ambient environment quality and waste standards.

2. The ambient environmental quality standards include:

a) Set of soil quality standards established for the purposes of agricultural, forestry and fishery production and other purposes;

b) Set of surface and ground water quality standards established for the purposes of water supplies for drinking, domestic, industrial, aquacultural and agricultural irrigation consumptions and other purposes;

c) Set of marine and coastal water quality standards established for the purposes of aquaculture, recreation and amusement and other purposes;

d) Set of air quality standards in urban and rural residential areas;

e) Set of standards for sound, light and radiation in residential areas and public places.

3. The waste standards include:

a) Set of standards for wastewater effluents discharged from industries, service, animal raising, aquaculture, households and other activities;

b) Set of standards for industrial air emissions and other air emissions released from domestic, industrial and medical solid waste treatment and disposal facilities and other waste treatment forms;

c) Set of standards for vehicle emissions and other emissions released from specialized machinery and equipment;

d) Set of hazardous waste standards;

e) Set of standards for noise and vibration established for means of transport, production and service establishments and construction activities.

Article 11: Requirements for Ambient Environmental Quality Standards

1. The ambient environmental quality standards specify limit values of environmental parameters that are appropriate to the purposes of use of environmental components, including:

a) Minimum permissible values of the environmental parameters that ensure the normal life and development of human beings and other living organisms;

b) Maximum permissible values of the environmental parameters at which there is no harm or damage caused to the normal life and development of human beings and other living organisms.

3. A specific guidance of standardized methods for measuring, sampling and analysis must be provided with the environmental parameters set forth in the environmental quality standards in order to define these parameters.

Article 12: Requirements for Waste Standards

1. The waste standards must specify maximum values of pollution parameters present in wastes to ensure that there is no harm to human beings and other living organisms.

2. Pollution parameters of wastes shall be defined on the basis of the toxicity and volumes of wastes and the carrying capacity of environments that receive wastes.

3. A specific guidance of standardized methods for measuring, sampling and analysis must be provided with the pollution parameters set forth in the waste standards.

Article 13: Issuance and Proclamation of National Environmental Standard Application

1. The Government shall specify the competence, order and procedures for establishing, promulgating and certifying the national environmental standards according to the provisions of the law on the standardization.

2. The Ministry of Natural Resources and the Environment shall proclaim the national environmental standards and stipulate a roadmap and coefficients for the application

of the environmental standards by sectors and regions, according to the carrying capacity of specific environments.

3. The revision of the national environmental standards shall be taken every five years; and in necessary case the revision of some environmental standards that are inappropriate any more and the amendment of new standards to the environmental standards may be taken earlier than the above said period.

4. The national environmental standards must be widely proclaimed to organizations and individuals for their knowledge and application.