Instructions on how to apply for an environmental permit in Vietnam

Investors and facilities carry out procedures reviewed and appraised by state agencies to apply for environmental permits. Through the environmental permit, the project owner is allowed to implement all or part of the project’s works to meet the requirements and conditions for environmental protection as prescribed by law. To understand the provisions of the law on applying for an environmental permit. We invite you to read and follow the article “Instructions on procedures for applying for an environmental permit”.

Legal grounds

• Law on Environmental Protection 2020

What is an environmental license?

According to Clause 8, Article 3 of the Law on Environmental Protection 2020, the concept of environmental clearance is stated as follows: An environmental permit is a document issued by a competent state management agency to an organization or individual engaged in production or business activities. Business and service businesses are allowed to discharge waste into the environment, manage waste, import scrap from abroad as raw production materials, together with requirements and conditions on environmental protection as prescribed by law.

Environmental permits can be granted for each item, and phase of the project, where waste is generated and discharged into the environment. Contents of the environmental permit include: Sources of wastewater generation; maximum wastewater discharge volume; wastewater stream; pollutants and limit values ​​of pollutants in the wastewater stream; location, method of wastewater discharge and wastewater receiving source.

Types of environmental permits

According to the Law on Environmental Protection 2020/QH14, after January 1, 2022, the following 7 types of environmental permits are integrated into a single file called an environmental permit.

Certificate of completion of environmental protection works.

Permit to discharge wastewater into water sources.

Permit to discharge wastewater into irrigation works.

Certificate of eligibility for environmental protection in the import of scrap for use as raw production materials.

License for hazardous waste disposal.

Register of hazardous waste source owners.

License to discharge industrial emissions.

Subjects must have an environmental permit

Pursuant to Article 39 of the Law on Environmental Protection 2020 stipulates that subjects must have environmental permits as follows:

Group I, Group II and Group III investment projects that generate wastewater, dust or gas discharged into the environment must be treated or generate hazardous waste, which must be managed in accordance with regulations on waste management when they are discharged into the environment officially put into operation.

Investment projects, establishments, concentrated production, business and service zones and industrial clusters operating before the effective date of this Law have the same environmental criteria as those specified in Clause 1, Article 39. Law on Environmental Protection 2020.

The subjects specified in Clause 1, Article 39 of the Law on Environmental Protection 2020 in the case of urgent public investment projects according to the provisions of the law on public investment are exempt from environmental clearance.

In there:

Group I investment projects are projects with high risk of adverse environmental impacts, including:

a) Projects in the form of production, business or service with the risk of causing environmental pollution with large scale and capacity; projects to perform hazardous waste treatment services; projects that import scrap from abroad as raw production materials;

b) The project is in the form of production, business or service with the risk of causing environmental pollution with medium scale and capacity but has environmental sensitive factors; projects that are not of the type of production, business or service that are at risk of causing environmental pollution with large scale and capacity but have sensitive environmental factors;

c) Projects using land, land with water surface, sea area on a large scale or with medium scale but with sensitive environmental factors;

d) Projects on exploitation of minerals and water resources with large scale and capacity or with medium scale and capacity but with sensitive environmental factors;

e) The project requires the change of land use purpose on a medium scale or higher but has environmental sensitive factors;

f) The project requires large-scale migration and resettlement.

Group II investment projects are projects that are likely to have adverse impacts on the environment, including:

a) Projects in the form of production, business and services with the risk of causing environmental pollution with medium scale and capacity;

b) The project is in the form of production, business or service with the risk of causing environmental pollution with a small scale and capacity but with sensitive environmental factors; projects that are not of the type of production, business or service that are at risk of causing environmental pollution with medium scale and capacity but have environmental sensitive factors;

c) Projects using land, land with water surface, sea area with medium scale or small scale but with sensitive environmental factors;

d) Projects on exploitation of minerals and water resources with medium scale and capacity or with small scale and capacity but with sensitive environmental factors;

e) The project requires the change of land use purpose on a small scale but has environmental sensitive factors;

f) The project requires migration and resettlement on a medium scale.

Group III investment projects are projects with little risk of adverse impacts on the environment, including:

a) Projects in the form of production, business and services with the risk of causing environmental pollution with small scale and capacity;

b) Projects that are not of the type of production, business or service that are at risk of causing environmental pollution, generate wastewater, dust, and exhaust gases that must be treated or generate hazardous wastes that must be managed. according to waste management regulations.

Environmental licensing process

Environmental licensing procedures in 2022

In Article 43 of the Law on Environmental Protection 2020, the documents, order and procedures for issuance of environmental permits are as follows:

Step 1: The owner of the investment project or establishment submits the application for an environmental permit to the environmental licensing agency and pays the assessment fee for the issuance of the environmental permit as prescribed.

Dossier to apply for a permit includes the following documents:

– A written request for an environmental permit (Appendix XIII issued together with Decree 08/2022/ND-CP);

– Report on proposal for environmental license;

– Other legal and technical documents of investment projects, facilities, production, business, service centers, industrial clusters.

Step 2: Submit your application

Owners of investment projects and establishments shall send dossiers of application for environmental permits to competent agencies specified in Article 41 of the Law on Environmental Protection 2020.

Dossiers are sent in person or by post or electronically through the online public service system;

Step 3: Verify your profile

The agency competent to issue environmental permits is responsible for organizing the receipt and checking the completeness and validity of the dossier; publicize the contents of the report on proposal for issuance of environmental permits, except for information classified as state secrets or enterprise secrets as prescribed by law; consult with relevant agencies, organizations and individuals; actual inspection of information on investment projects, establishments, concentrated production, business and service zones, and industrial clusters; organize the assessment and grant of environmental permits.

The process of receiving and handling administrative procedures and announcing results is carried out in person, by post or sent electronically through the online public service system at the request of the investment project owner. basis.

• In case investment projects, establishments, concentrated production, business and service zones, industrial clusters have activities of discharging wastewater into irrigation works, the environmental permit-issuing agency must collect opinions in writing and obtain the consent of the state agency in charge of the irrigation work before granting an environmental permit;
• In case an investment project, establishment is located in a concentrated production, business and service zone or industrial cluster, the environmental permit-issuing agency must obtain written opinions from the investor in infrastructure construction and business. such concentrated production, business, service or industrial cluster before the issuance of an environmental permit.

Step 4: Issuing an environmental permit

Dossier to apply for an environmental permit in 2022

Pursuant to Clause 1, Article 43 of the Law on Environmental Protection 2020

Application for issuance of a driving license

Report on proposal for issuance of a license

Legal and technical documents of investment projects, establishments, concentrated production, business and service zones, CCN:

Projects without EIAs must have a feasibility study report or equivalent document

If the project owner does not prepare an EIA, the project owner shall submit legal and technical documents in the application file for an environmental permit.

How much is the environmental permit assessment fee?

Fee for assessment and re-issuance of driving license:

For projects or establishments in group I (except for projects or establishments specified at Points 2 and 3 below): VND 50 million/permit.

For projects or establishments belonging to group II or projects or establishments located in the area of ​​02 or more provincial-level administrative units or located in the sea where the administrative management responsibility of the People’s Committee has not yet been determined. Provincial people: 45 million VND/permit.

Fees for assessment and issuance of permit adjustment:

Appraisal fee for adjustment of environmental permit: 15 million VND/permit/project/facility.

Note: The above fee is calculated according to the time of appraisal, re-issuance, and adjustment of the license. The fee does not include travel expenses of the actual inspection team at the facility and the cost of sampling and analyzing waste samples as prescribed.

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Who has the authority to issue environmental permits?

According to the provisions of Article 41 of the Law on Environmental Protection 2020, the authority to issue environmental permits is as follows:

The Ministry of Natural Resources and Environment issues environmental permits to the following subjects:

The subjects specified in Article 39 of the Law on Environmental Protection 2020 have been approved by the Ministry of Natural Resources and Environment with the results of appraisal of the environmental impact assessment report;
The subjects specified in Article 39 of the Law on Environmental Protection 2020 are located in the area of ​​02 or more provincial-level administrative units or located in the sea where the administrative management responsibility of the provincial-level People’s Committee has not been determined; establishments that import scrap from abroad as raw production materials, establishments that provide hazardous waste treatment services.
The Ministry of National Defense and the Ministry of Public Security shall grant environmental permits to investment projects and establishments that are classified as state secrets on national defense and security.

Provincial-level People’s Committees shall grant environmental permits to the following subjects:

Group II investment projects specified in Article 39 of the Law on Environmental Protection 2020;

Group III investment projects specified in Article 39 of the Law on Environmental Protection 2020 located in the area of ​​02 or more district-level administrative units;

The subjects specified in Clause 2, Article 39 of the Law on Environmental Protection 2020 have been approved by the People’s Committee of the province or a ministry or ministerial-level agency with the results of appraisal of the environmental impact assessment report.
The district-level People’s Committees shall grant environmental permits to the remaining entities that are not under the jurisdiction of the above three agencies.

Service of applying for an environmental license of Lawyer X

Lawyer X provides a full service, so there are no costs. Ensure environmental licensing for customers. 100% money-back guarantee if not licensed. It is clearly stated in the signed contract.

Above is information about the service procedure for applying for an environmental permit. All in all, this is a very complicated procedure. Individuals and organizations seek the services of reputable and experienced companies to carry out procedures quickly, efficiently and with little cost.

Lawyer X completes the company’s environmental permit application process. Depending on the project area and industry, we advise on making documents, submitting documents to state agencies, and monitoring and obtaining results of environmental impact assessment for license holders. If you still haven’t completed the permit application, or have other problems that slow down the process, please contact Lawyer X immediately.

Lawyer contact information

Above is the content of Lawyer X’s advice on the issue of “Guidance on procedures for applying for an environmental license in 2022”. Please refer to Lawyer X’s English articles on the website: Lsxlawfirm. Hope to bring useful information for readers. If customers have questions about related legal issues such as trademark protection registration, trademark protection, company establishment, certificate of re-registration of birth … If you have a need to buy business sale; Do not be afraid, but immediately contact Lawyer X for the best service: 0833102102.

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