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

a) For acts specified at Point a, Clause 1 of this Article, the degree of violation is determined on the basis of the discharged water volume, flow of waste gas and frequency of excess of technical regulations on the environment of the specific environmental parameters in waste water, waste gas, dust of the facility;

b) For acts specified at Point b, Clause 1 of this Article, the degree of violation is determined on the basis of the frequency of excess of technical regulations on noise, vibration, affected subjects and time the act takes place;

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3. Environmental parameters exceeding the technical regulations on the environment are determined on the basis of the result of monitoring and supervising the environmental parameters and comparing them with the corresponding technical regulations of the environment.

Article 3. Specific environmental parameters on waste water, waste gas, dust, noise and vibration;

1. The specific environmental parameters of waste water, waste gas, dust, noise and vibration are determined as follows:

a) The environmental parameters of waste water, waste gas, dust, noise and vibration are specified to be monitored and supervised periodically in the report on environmental impact assessment, the written registration of environmental standards meeting, the written commitment of environmental protection, environmental protection project, detailed environmental protection project, simple environmental protection project of the facility approved or certified by the competent State agency;

b) For facilities having no environmental parameters specified at Point a of this clause, the competent State agency will base on the nature and operation type of facility or each part of the facility to decide the specific environmental parameters of waste water and waste gas of the establishment as prescribed in the Annex attached to this Circular.

2. The competent State agency as prescribed at Point b, Clause 1 of this Clause 3 of Article 9 of this Circular is an agency or organization assigned the task of identifying and classifying the facilities causing environmental pollution and severe environmental pollution.

Article 4. Criteria for identifying the facility causing environmental pollution

The facility causing environmental pollution is the one having 01 (one) environmental parameter or more on waste water, waste gas, dust, noise or vibration in excess of the technical regulations on the environment but not subject to regulations in Article 5, 6, 7, 8 and 9 of this Circular.

Article 5. Criteria for identifying the facility causing severe environmental pollution on waste water.

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1. Having acts of discharging waste water exceeding technical regulations on the environment from 2 times to 5 times and under one of the following cases:

a) Having 2 or 3 parameters exceeding the technical regulations on waste with the amount of waste from 500 m³/day (24 hours) or more in case of containing hazardous substances or the amount of waste from 1,000 m³/day (24 hours) or more in case of absence of hazardous substances containing;

b) Having 4 or 5 parameters exceeding the technical regulations on waste with the amount of waste from 200 m³/day (24 hours) or more in case of hazardous substances containing or the amount of waste from 500 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

c) Having 6 or more parameters exceeding the technical regulations on waste with the amount of waste from 100 m³/ day (24 hours) or more in case of hazardous substances containing or the amount of waste from 200 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

2. Having acts of discharging waste water exceeding the technical regulations on the environment from 5 times to less than 10 times and under one of the following cases:

a) Having 2 or 3 parameters exceeding the technical regulations on waste with the amount of waste from 200 m³/ day (24 hours) or more in case of hazardous substances containing or the amount of waste from 500 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

b) Having 4 or 5 parameters exceeding the technical regulations on waste with the amount of waste from 100 m³/ day (24 hours) or more in case of hazardous substances containing or the amount of waste from 200 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

c) Having 6 or more parameters exceeding the technical regulations on waste with the amount of waste from 500 m³ / day (24 hours) or more in case of hazardous substances containing or the amount of waste from 100 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

3. Having acts of discharging waste water exceeding the technical regulations on the environment from 10 times to less than 50 times and under one of the following cases:

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...

b) Having 4 or 5 parameters exceeding the technical regulations on waste with the amount of waste from 50 m³ / day (24 hours) or more in case of hazardous substances containing or the amount of waste from 100 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

c) Having 6 or more parameters exceeding the technical regulations on waste with the amount of waste from 10 m³/ day (24 hours) or more in case of hazardous substances containing or the amount of waste from 50 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

4. Having acts of discharging waste water exceeding the technical regulations on the environment from 50 times or more and under one of the following cases:

a) Having 1 to 3 parameters exceeding the technical regulations on waste with the amount of waste from 50 m³ / day (24 hours) or more in case of hazardous substances containing or the amount of waste from 100 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

b) Having 4 or 5 parameters exceeding the technical regulations on waste with the amount of waste from 10 m³ / day (24 hours) or more in case of hazardous substances containing or the amount of waste from 50 m³/ day (24 hours) or more in case of absence of hazardous substances containing;

c) Having from 6 parameters or more exceeding the technical regulations on waste.

5. Having acts of discharging waste water containing radioactive substances causing radioactive contamination exceeding the standards, technical regulations

6. Having acts of discharging waste water with pH equal to or less than 2 (two) or greater than 12.5 (twelve point five).

Article 6. Criteria for identifying the facility causing severe environmental pollution on waste gas and dust.

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1. Having acts of discharging waste gas and dust exceeding the technical regulations on the environment from 2 times to less than 5 times and under one of the following cases:

a) Having 1 or 2 parameters exceeding the technical regulations on waste in case the waste gas flow is from 2,000 m³/hour or more;

b) Having 3 parameters exceeding the technical regulations on waste in case the waste gas flow is from 1,000 m³/hour or more;

c) Having 4 parameters or more exceeding the technical regulations on waste in case the waste gas flow is from 500 m³/hour or more;

2. Having acts of discharging waste gas and dust exceeding the technical regulations on the environment from 5 times to less than 10 times and under one of the following cases:

a) Having 1 or 2 parameters exceeding the technical regulations on waste in case the waste gas flow is from 1,000 m³/hour or more;

b) Having 3 parameters exceeding the technical regulations on waste in case the waste gas flow is from 500 m³/hour or more;

c) Having 4 parameters or more exceeding the technical regulations on waste in case the waste gas flow is from 100 m³/hour or more;

3. Having acts of discharging waste gas and dust exceeding the technical regulations on the environment from 10 times to less than 50 times and under one of the following cases:

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b) Having 3 parameters exceeding the technical regulations on waste in case the waste gas flow is from 100 m³/hour or more;

c) Having 4 parameters exceeding the technical regulations on waste in case the waste gas flow is from 50 m³/hour or more;

4. Having acts of discharging waste gas and dust exceeding the technical regulations on the environment from 50 times or more and under one of the following cases:

a) Having 1 or 2 parameters exceeding the technical regulations on waste in case the waste gas flow is from 100 m³/hour or more;

b) Having 3 parameters exceeding the technical regulations on waste in case the waste gas flow is from 50 m³/hour or more;

c) Having 4 parameters exceeding the technical regulations on waste in case the waste gas flow is from 10 m³/hour or more;

5. Discharging waste gas and dust containing radioactive substances causing environmental radioactive contamination exceeding technical regulations and standards.

Article 7. Criteria for identifying the facility causing severe environmental pollution on noise

The facility that causes severe environmental pollution is the one having acts of causing noise pollution frequently and continuously under one of the following cases:

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2. Generating noise from 75dBA or more in areas required special quietness, hospitals, libraries, nursing homes, kindergartens, schools or from 90dBA or more in residential areas, hotels, houses, administrative agencies and the time the acts take place is during the period from 6 o’clock AM to 21 o’clock PM.

Article 8. Criteria for identifying the facility causing severe environmental pollution on vibration.

The facility that causes severe environmental pollution is the one having acts of causing vibration pollution frequently and continuously under one of the following cases:

1. Generating vibration in excess of technical regulations on vibration from 1.5 times or more and the time the acts take place is from 21 o’clock PM of the previous day to 6 o’clock AM of the following day for areas required special quietness, residential areas, hotels, motels, residential areas intermingled with commercial areas, areas of services and production.

2. Generating vibration in excess of technical regulations on vibration from 2 times or more and the time the acts take place is from 6 o’clock AM to 21 o’clock AM for areas required special quietness, residential areas, hotels, motels, administractive agencies intermingled with commercial areas, areas of services and production.

Article 9. Criteria for identifying the facility causing severe environmental pollution on solid waste.

1. Facility causing serious environmental pollution on solid waste is the one having acts of burying and discharging in the soil and water environment the contaminants in solid and sludge modeling that make at least 01 (one) environmental parameter of the area receiving solid waste (soil, water and air environment) on chemicals, heavy metals exceeding the technical regulations on the environment from 03 times or more or make at least 01 (one) other environmental parameter of the area receiving the solid waste exceeding the technical regulations on the environment from 05 times or more.

2. The technical regulations on the environment as prescribed in clause 1 of this Article will comply with regulations at Point c, clause 2 of this Circular.

3. The competent State agencies will base on the nature and composition of the pollutants in solid and sludge modeling to determine environmental parameters of the area that receives the solid waste in order to identify and classify the facility causing severe environmental pollution as specified in Clause 1 of this Article.

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1. This Circular will take effect on June 25, 2012. Other provisions in Section I, II of Circular No. 07/2007/TT-BTNMT dated July 03, 2007 of the Ministry of Natural Resources and Environment guiding the classification and deciding on the list of facilities causing environmental pollution required to be handled will be invalid from the date this Circular takes effect.

2. Any problem arising in the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment for consideration and settlement.

FOR MINISTER
DEPUTY MINISTER




Bui Cach Tuyen

ANNEX.

SPECIFIC ENVIRONMENTAL PARAMETERS ON WASTE WATER, WASTE GAS, DUST, NOISE, VIBRATION OF FACILITIES
(Promulgated with Circular No. 04/2012/TT-BTNMT dated May 08, 2012 of the Minister of Natural Resources and Environment)

No.

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Specific Environmental Parameters

Noise and vibration

Waste water

pH, TSS, color, BOD₅, COD, total N, total P and

Waste gas and dust

Total dust, CO, NO_x, SO₂ and

01

Weaving, dyeing, garment facility

- Weaving and dyeing facility

...

...

...

Aniline, chlorine, H2S

Noise[2], Vibration[3]

- Garment facility

VIETNAM REGULATIONS ¹ 13:2008/BTNMT and temperature, oil, mineral, Cr⁶⁺, Cr³⁺, Fe, Cu, residual chloride

Noise², Vibration³

- Silk fiber and artificial fiber

VIETNAM REGULATIONS ¹ 13:2008/BTNMT and temperature, oil, mineral, Cr⁶⁺, Cr³⁺, Fe, Cu, residual chloride

...

...

...

- Washing, bleaching; industrial laundry facility

VIETNAM REGULATIONS ¹ 13:2008/BTNMT and temperature, oil, mineral, Cr⁶⁺, Cr³⁺, Fe, Cu, residual chloride

Clo

02

Food and beverages production facility

- Confectionary production facility

Coliform

...

...

...

- Alcohol and beer production facility

Coliform

- Milk production facility

Ammonium, Coliform

- Canned food production facility

...

...

...

H₂S, Methyl Mercaptan

- Soft drink, functional foods, purified drinking water production facility

Ammonium, Cloride, vegetable and animal oil and fat, Sulfur

- Edible oil processing facility

Ammonium, Cloride, vegetable and animal oil and fat, Sulfur

...

...

...

03

Mineral exploitation facility

- Constructional material exploitation facility

Total radioactive activity degree a, Total radioactive activity degree b

Dust containing Si

Noise², Vibration³

- Metal mineral exploitation facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, mineral oil, Cyanide

...

...

...

- Coal exploitation facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, mineral oil, Cyanide, Phenol

H₂S, Sulfur

Noise², Vibration³

- Crude oil and natural gas exploitation facility

VIETNAM REGULATIONS [4] 35:2010/BTNMT and oil content

Noise², Vibration³

04

...

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...

- Metallurgical and mechanic facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, mineral oil, Cyanide

As, Cd, Cu, Pb, Zn, dust

Noise², Vibration³

- Machinery and equipment manufacture facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, mineral oil and grease, Cyanide

Noise², Vibration³

- Metal recycling facility

...

...

...

As, Cd, Cu, Pb, Sb, Zn

- Matallugical waste recycling and other industrial waste facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, mineral oil and grease, phenol, Cyanide

As, Cd, Cu, Pb, Sb, Zn

- Metal plating facility

Cu, Cr⁶⁺, Cr³⁺, Fe, Ni, Zn, Ammonium, Phenol, Cyanide

HCl, HNO₃, H₂SO₄

...

...

...

- Electronic and electrical component and device manaufacture facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, mineral oil and grease

- Steel rolling and shaped aluminum manufacture facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn

As, Cd, Cu, Pb, Sb, Zn

05

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- Mineral processing facility with chemical using

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, Ammonium, Floride, mineral oil and grease, Phenol, Sulfur, Total radioactive activity degree a, Total radioactive activity degree b, Cyanide

HCl, HNO₃, H₂SO₄

- Mineral processing facility without chemical using

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, Total radioactive activity degree a, Total radioactive activity degree b

06

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Cr⁶⁺, Cr³⁺, vegetable and animal oil and grease, Sulfur

H₂S

07

Pulp and paper producing facility

VIETNAM REGULATIONS [5] 12:2008/BTNMT organic halogen QCVN[5]

Clo, H₂S

Noise², Vibration³

08

...

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Chemical production and processing facility

- Chemical production facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, Ammonium, mineral oil and fat, Phenol, Cyanide

HCl, HNO_3, H₂S, H₂SO₄,

Noise², Vibration³

- Urea production facility

Ammonium, Floride, Phenol, mineral oil and grease

 NH₃

Noise², Vibration³

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Flo, Total radioactive activity degree a, Total radioactive activity b

HF, HCl, HNO₃, H₂SO₄, NH₃

Noise², Vibration³

- Fused Calcium Magnesium Phosphate production facility

Fluorine, Total radioactive activity degree a, Total radioactive activity b

HF, HNO₃, H₂SO₄

- Superphosphate production facility

Fluorine, Total radioactive activity degree a, Total radioactive activity b

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- Petrochemical refinery facility

Phenol, mineral oil and grease

Vibration²

-Oil depot

Mineral oil and grease

Benzene, toluene, xylene

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Mineral oil and grease

Benzene, toluene, xylene

- Petrochemical product manufacture facility (surface active agent, plasticizer, methanol)

Temperature, Phenol, Cyanide

Benzene, toluene, xylene

Vibration²

- Plastic production facility

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Vibration²

- Detergents, additives production facility

Chlorine, Phenol, Cyanide

Vibration²

- Pharmaceutical products, oriental medicine and cosmetic chemistry production facility

Chlorine, Phenol, Cyanide

Vibration²

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Chlorine, Phenol, Cyanide

09

Rubber and rubber latex production and processing facility

- Rubber and rubber latex processing facility

VIETNAM REGULATIONS[6] 01:2008/BTNMT

Clo, Ammoniumac, H₂S

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Chlorine, Phenol, Cyanide

H₂S

10

Glass production facility

Chlorine, Phenol, Cyanide

Dust containing Si, HF

11

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Dust containing Si, HF

12

Power production facility

- Electricity production facility by thermal power

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VIETNAM REGULATIONS[7] 22:2009/BTNMT

Noise², Vibration³

- Battery production facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, Ammonium, mineral oil and grease, Phenol, Cyanide

As, Cd, Cu, Pb, Sb, Zn

- Cell production facility

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, Ammonium, mineral oil and grease, Phenol, Cyanide

As, Cd, Cu, Pb, Sb, Zn

...

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...

13

Production facility using fossil fuel

- Production facility using firing fuel as Fuel Oil

Mineral oil and grease

- Production facility using firing fuel as coal and firewood

Phenol, Cyanide

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- Production facility using firing fuel as cashew nut shell

Phenol, Cyanide

14

Agricultural and forestry product processing facility

- Sugar cane processing facility

Coliform, temperature, sulfur

H₂S

...

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- Coffee processing facility

Coliform

NH₃

- Starch processing facility

Ammonium, Clo, Coliform,

Sulfur, Cyanide

H₂S, NH₃ 

...

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...

Phenol

- Nut, fruit and vegetables processing facility

Cloride

- Monosodium glutamate production facility

Phenol, Cyanide

...

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- Breeding food processing facility 

Ammonium, Coliform, Sulfur

H2S, NH3, methyl, mercaptans

- Rice milling and processing facility

Coliform

...

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...

- Bamboo and rattan, wood impregnated with chemical processing facility

Phenol

n-Butyl acetate

- Handicrafts production facility

...

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15

Micro-organic fertilizer production facility

Coliform

NH₃

16

Livestocks husbandry and breeding product processing facility

- Breeding facility, concentrated breeding farm

...

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...

H₂S, NH₃

-Cattle and poultry slaughter facility-

Ammonium, Coliform, Vegetable and animal oil and grease, Sulfur

H₂S, NH₃, Metyl Mercaptan

17

Storage of pesticide and pesticide

Pesticide production factory

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...

Benzene, methanol, toluene, xylene

18

Waste transporting, treating and processing facility

- Solid waste treating and processing facility 

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, Ammonium, Coliform

Methyl Mercaptan

- Facility of recycling and burial of industrial waste, medical waste, hazardous waste and domestic waste

...

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...

H₂S, NH₃, Methyl, Mercaptan

- The warehouses and sites of owners collecting and transporting hazardous waste

Ammonium, Coliform

H₂S, NH₃

- The industrial, medical and hazardous waste incinerator

VIETNAM REGULATIONS[10] 02:2008/ BTNMT, VIETNAM REGULATIONS [11] 30:2010/BTNMT

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- Concentrated industrial and domestic waste water treatment facility

Coliform

Methyl Mercaptan

Noise², Vibration³

19

Constructional material production facility

- Brick and tile, cement, flower tile, cutting stone production facility

HF

...

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...

- Cement concrete, hot asphalt concrete production facility

Mineral oil and grease

20

Aquaculture and aqua product processing facilities

- Aquacultural facility

VIETNAM REGULATIONS¹² 11:2008/BTNMT and Ammonium, Coliform

...

...

...

- Aqua product processing facilities

VIETNAM REGULATIONS [12] 11:2008/BTNMT and Ammonium, Vegetable and animal oil and grease, residue chloride, Coliform

Ammonium, H₂S, Metyl Mercaptan

Noise²

- Aqua product, fisheries, aqua by-products, fish flour processing facilities

VIETNAM REGULATIONS ¹² 11:2008/BTNMT and Ammonium, Vegetable and animal oil and grease, residue chloride, Coliform

 NH₃, H₂S, Metyl Mercaptan

21

...

...

...

VIETNAM REGULATIONS [13] 28:2010/BTNMT và Coliform, Vegetable and animal oil and grease, Sulfua, Ammonium, Total radioactive activity degree a, Total radioactive activity degree b

VIETNAM REGULATIONS ¹⁰ 02:2008/BTNMT

22

Repairing and newly built means of transportation facility

- Automobile and motocycle manufacture factory

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, Coliform, mineral oil and grease

Noise², Vibration³

...

...

...

Ammonium, Coliform, mineral oil and grease

- Vehicles washing, warranty and motorcycles and cars and locomotives repairing facility

Coliform, mineral oil and grease

- Repairing and newly-building ship facility

Mineral oil and grease, Phenol

...

...

...

Noise², Vibration³

- Ship dismantling; tanker flushing facility

Coliform, mineral oil and grease

Noise², Vibration³

- Sea and river port

Coliform, mineral oil and grease

...

...

...

Tourism areas and resorts

- Restaurant and hotel

VIETNAM REGULATIONS[14] 14:2008/BTNMT và TDS, Sulfur, Ammonium, nitrate, Vegetable and animal oil and grease, total surface-active substances, phosphate, Coliform

Noise²

- Delux eco-tourism areas and resorts, golf projects

VIETNAM REGULATIONS ¹⁴ 14:2008/BTNMT and TDS, Sulfur, Ammonium, nitrate, Vegetable and animal oil and grease, total surface-active substances, phosphate, Coliform

...

...

...

Vegetable and animal oil and grease, Coliform

24

The institutes, centers of scientific and technical research and application, laboratory

As, Cd, Cr⁶⁺, Cr³⁺, Cu, Fe, Hg, Mn, Ni, Pb, Sn, Zn, Coliform, mineral oil and grease, Phenol, Cyanide, Total radioactive activity degree a, Total radioactive activity degree b

HCl, H2S, HNO3, H2SO4, benzene, chloroform, toluene, xylene

25

...

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...

The corresponding VIETNAM REGULATIONS when issued

The corresponding VIETNAM REGULATIONS when issued

[1] VIETNAM REGULATIONS 13: 2008/BTNMT –National Technical Regulations on textile industry waste water

[2] VIETNAM REGULATIONS 26:2010/BTNMT – National Technical Regulations on noise

[3] VIETNAM REGULATIONS 27:2010/BTNMT – National Technical Regulations on vibration

[4] VIETNAM REGULATIONS 35: 2010/BTNMT –National technical regulations on waste water discharged from offshore petroleum projects

[5] VIETNAM REGULATIONS 12: 2008/BTNMT –National technical regulations on waste water from paper and pulp industry

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[7] VIETNAM REGULATIONS 22: 2009/BTNMT –National technical regulations on waste gas of industry of thermal power

[8] VIETNAM REGULATIONS 01/14:2010/BNNPTNT National technical regulations on conditions of biosafety pig farm

[9] VIETNAM REGULATIONS 01/14:2010/BNNPTNT National technical regulations on conditions of biosafety poultry farm

[10] VIETNAM REGULATIONS 02:2008/BTNMT National technical regulations on waste gas of medical solid incinerator

[11] VIETNAM REGULATIONS 30:2010/ BTNMT National technical regulations on waste gas of industrial waste material incinerator

[12] VIETNAM REGULATIONS 11:2008/BTNMT National technical regulations on waste water of aqua product processing industry

[13] VIETNAM REGULATIONS 28:2010/BTNMT National technical regulations on medical waste water

[14] VIETNAM REGULATIONS 14:2008/BTNMT National technical regulations on domestic waste water