Is Burning Trash Legal in Vietnam After the 2026 Framework Overhaul?

No, burning trash in Vietnam is illegal under multiple environmental and public health laws, with enforcement tightening under Decree 45/2022/ND-CP and local ordinances like Hanoi’s 2023 Decision 25/2023/QD-UBND. Violations risk fines up to ₫75 million ($3,200) and criminal liability under the 2017 Penal Code for severe pollution. The Ministry of Natural Resources and Environment (MONRE) and provincial environmental departments actively monitor open burning, particularly in urban and industrial zones.


Key Regulations for Burning Trash in Vietnam

  • Environmental Protection Law (2022): Prohibits open burning of household waste, agricultural residues, or industrial byproducts without permits, citing air quality standards (QCVN 05:2023/BTNMT). Permits are rare and require MONRE approval for exceptional cases like agricultural land clearing.
  • Decree 45/2022/ND-CP: Imposes administrative fines of ₫10–75 million ($430–$3,200) for unauthorized burning, with escalated penalties for repeat offenses or public health impacts. Local authorities may suspend waste collection services for offenders.
  • Local Ordinances: Municipalities like Ho Chi Minh City (Decision 10/2023/QD-UBND) and Da Nang (Circular 02/2024/UBND) ban all outdoor burning, mandating centralized waste collection via state-approved contractors. Non-compliance triggers community service or forced cleanup orders.

Industrial facilities face stricter controls under Circular 31/2016/TT-BTNMT, requiring incinerators with ≥85% emission efficiency. Exemptions for ceremonial burning (e.g., Tet holidays) are narrowly defined and require prior notification to local environmental agencies.