THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 04/2012/TT-BTNMT
Ha Noi, May 08, 2012
 
CIRCULAR
SPECIFYING CRITERIA TO DETERMINE THE FACILITY CAUSING ENVIRONMENTAL POLLUTION, SEVERE ENVIRONMENTAL POLLUTION
Pursuant to the Law on Environmental Protection dated November 29, 2005;
Pursuant to Decree No. 117/2009/ND-CP dated December 31, 2009 of the Government on handling the legal violations in the field of environmental protection;
Pursuant to Decree No. 25/2008/ND-CP dated March 04, 2008 of the Government stipulating the functions, duties, powers and organizational structure of the Ministry of Natural Resources and Environment, amended and supplemented in Decree No. 19/2010/ND-CP dated March 05, 2010 of the Government and Decree No. 89/2010/ND-CP dated August 16, 2010 of the Government;
At the proposal of the General Director of the General Department of Environment and Director of Department of Legal Affairs;
The Minister of Natural Resources and Environment promulgates the Circular specifies the criteria to determine the facilitycausing environmental pollution, severe environmental pollution.
Article 1. Scope of adjustment and subjects of application.
1. This Circular specifies the criteria of identification as a basis for the classification of facility causing environmental pollution, causing severe environmental pollution.
2. This Circular is applicable to the facilities of production, trading and services with activities generating wastage in the territory of the Socialist Republic of Vietnam (hereinafter referred to as facility) and the agencies, organizations relating to the activities identifying facility causing environmental pollution and severe environmental pollution.
Article 2. Principles and basis for identifying the facility causing environmental pollution, and severe environmental pollution.
1. The determination of facility causing environmental pollution and serious environmental pollution must be conducted objectively, fairly and in accordance with law and regulations on standards, technical regulations on environment; the degree of the acts of violation causing environmental pollution including:
a) Act of discharging waste water, waste gas and dust beyond technical regulations on environment;
b) Act of causing noise or vibration in excess of technical regulations on environment;
c) Acts of burying and discharging in the soil and water environment the contaminants in solid and sludge modeling contaminating soil, water and air beyond technical regulations on the environment.
2. Determining the degree of the act of violation which causes environmental pollution