Procedures for applying for environmental permits in Vietnam

by DungTran

What is an environmental license? Types of environmental permits. Procedures for applying for environmental permits in Vietnam. Let us learn about this topic with LSX law firm as follow:

What is an environmental license in Vietnam?

Environmental permit – a document issued by a competent state management agency; permit project owners, production and business establishments to operate all or part of the project works; production and business establishments with specific requirements and conditions for environmental protection when the project owner; production and business establishments that fully satisfy the conditions prescribed by law. 

Among general regulations on environmental protection in Vietnam, maybe one of the most important things is environmental permits.

Types of environmental permits in Vietnam

There are many ways to classify environmental permits.

– Based on resource type:

Firstly, for water resources, a water resource permit includes: A license to explore underground water; license to exploit and use surface water; permits for exploitation and use of underground water; license to exploit and use seawater; permits to discharge wastewater into water sources (Law on Water Resources 2012)

Secondly, for aquatic products, it can be mentioned that the license to catch fish at sea; the license for foreign organizations and individuals that have ships engaged in fishing activities in Vietnam’s waters (Fisheries Law 2017).

Thirdly, for minerals: Mineral exploration license, mineral mining license, mineral exploitation license (Mineral Law 2010)

– Based on the field of activity:

Firstly, in the field of transportation: Transport license

Secondly, in the field of waste treatment: License for hazardous waste treatment

Thirdly, in the field of construction: Building permits. 

Procedures for applying for environmental permits in Vietnam

Similar to Procedures for applying for a work permit for foreigners in Vietnam, Procedures for applying for environmental permits are as follow:

Depending on the field of operation, the project’s impact object; the business owner, the project investor must apply for different environmental protection permits. Accordingly, the procedures for making environmental permits are also different. However, the procedure for applying for an environmental permit perform through the following steps:

Step 1: Submit your application for environmental permits in Vietnam

Organizations and individuals applying for permits shall submit dossiers and pay dossiers appraisal fees as prescribed by law to dossier-receiving agencies.

The receiving agency may be:

Firstly, department of Water Resources Management under the Ministry of Natural Resources and Environment

Secondly, general Department of Geology and Minerals of Vietnam

Thirdly, department of Natural Resources and Environment is responsible for receiving

Fourthly, facility construction

Also, transportation facilities

Fisheries Sub-Departments of provinces and cities…

Step 2: Receive and review the application for environmental permits in Vietnam

Within the time limit prescribed by law, from the day on which competent agency received the application; the application-receiving agency shall consider and examine the application. In case the application is invalid, the application-receiving agency shall notify the organization or individual applying for a license to supplement and complete the application as prescribed.

In case the dossier, after having been supplemented, still does not meet the requirements as prescribed; the application-receiving agency shall return the dossier and notify the reason therefor to the applicant organization or individual.

Step 3: Appraisal

Within the time limit prescribed by law, from the date of receipt of a complete and valid dossier as prescribed, the application-receiving agency shall appraise it; if necessary, inspect the actual scene and set up an appraisal council. If all conditions are enough to satisfy, the application-receiving agency shall submit it to the licensing authority; in case of ineligibility for licensing, the application shall be returned to the organization or individual applying for a license and notify the reason for not granting the license;

In case it has to be supplemented or edited for perfection; the application-receiving agency shall send a written notice to the organization or individual applying for a license; clearly stating the contents that need to be supplemented and completed in the project or report. The time for supplementing, completing, or re-establishing the scheme or report shall not include the time of appraisal of the scheme or report.

In case it cannot be supplemented or edited for perfection, the application-receiving agency shall send a written notice to the organization or individual applying for a license, clearly stating the unsatisfactory contents, which must be redonene and returned.

Step 4: Return the result for environmental permits in Vietnam

Within the time limit prescribed by law, from the date of receipt of a license from a competent authority, the application-receiving agency shall notify the organization or individual requesting the license to fulfill its financial obligations and receive the license. permission.

Above is some information about the procedure for applying for an environmental permit. In general, this is a rather complicated procedure, individuals and organizations should use the services of reputable and experienced companies to make the procedure quick, efficient, and cost-effective. 

Finally, hope this article about Procedures for applying for environmental permits in Vietnam is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

What is a concept of environment?

The environment is a concept with extremely broad content. In life, people use many environmental concepts such as pedagogical environment, social environment, educational environment… Environment according to the usual definition; means the general set of natural and social conditions in which a person or a being exists, develops in relation to that person or creature”; is “a combination of the whole scene or external conditions affecting the existence, development of an entity”.

What does environmental protection mean?

Environmental protection means activities organized for the purpose of keeping the environment clean and beautiful; helping balance the ecological system and improve the living environment of organisms in general and humans in particular through the work to prevent; and overcome the bad consequences caused by geniuses and humans.

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