My neighbor is raising some pigs and chickens and ducks. The number of pigs is 5-7, chickens and ducks from 15-30. In the past month, raising such a large number of animals has caused a stench due to untreated fecal pits, more and more mosquitoes affecting my family's surroundings and normal living. Because we have children, I have repeatedly reminded my neighbors to clean and clean but still do not see the change. Let me ask how the above polluting behavior is handled in accordance with the law?
FDVN’s opinion:
Sincerely thank you for concerning our legal consulting service. We are glad to give you our advice on your question.
As per Article 7 Decree 167/2013 / ND-CP, November 12, 2013, regulations on the sanction of administrative violation in maintaining general hygiene as follows:
“1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:
a) Failing to comply with regulations on sweeping garbage and clearing sewer obstruction around houses, agencies, enterprises, and barracks causing the general unsanitation;
b) Pouring water or leaving water run out to the collective area, roadway, pavement, railway station, bus station, on means of transportation or other places to cause loss of general sanitation;
c) Urinating or defecating in the streets, on the common walkways in public areas and residential areas;
d) Leaving cattle, poultry or other animals defecate in public places;
dd) Collecting and transporting garbage and waste by rudimentary vehicles in cities and towns with scattering or without sanitation assurance;
e) Raising cattle and poultry and animal causing loss of general sanitation in residential areas;
2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one the acts as follows:
a) Pouring or throwing waster, dirt or other substances to smear houses, offices, workplaces and business and production place of others;
b) Arbitrarily burning garbage, waste, toxic substance or hazardous substances in residential or public areas;
c) Disposing garbage and waste or anything into the manhole and public water drainage system, on pavement and roadway;
d) Disposing of garbage or waste and animal body or anything else causing pollution at public places or places with fountain, drinking water well, ponds, lakes where people use water for living activities.
3. Remedial measures:
a) Coercively taking remedial measures of environmental pollution for the acts specified at Point b, c, d, dd, e, Clause 1 and Point b, d, Clause 2 of this Article;
b) Coercively restoring the initial condition for the acts specified at Point a and c, Clause 2 of this Article;”
Referring to Point e, Clause 1, Article 7 of Decree 167/2013 / ND-CP as above, raising cattle and poultry and animal causing loss of general sanitation in residential areas can be administratively sanctioned from 100,000 VND to 300,000 VND. Pouring waste into the public places causing pollution is subject to a fine of 1,000,000-2,000,000 VND according to Point d, Clause 2, Article 7 of the Decree. In addition, neighbors are also forced to take remedial measures of environmental pollution.
To ensure your family's rights and health, you can submit a written request to the Commune People's Committee for resolution. You can also contact other neighbors to file a collective report to report a matter that affects the social life of a large population.
Above is FDVN Law Firm's advisory opinion regarding the request of a consultant on the basis of studying legal regulations. Hopefully, FDVN's advice will be helpful to you.
Legal expert: Quynh
FDVN Law Firm
FDVN LAW FIRM
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