Today, environment is an issue of concern all over the world. Any business or trader who wants to do business must have an environmental license. So about the matter “Regulations on environmental license in Vietnam” Let’s find out with LSX in the article below.
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 an environmental license 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 activities. Exporting, trading and providing services are allowed to discharge waste into the environment, manage waste, and import scrap from abroad as raw production materials together with requirements and conditions on environmental protection as prescribed by law.
Environmental permits can be issued for each item, phase of the work, 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.
Regulations on environmental license in Vietnam
Pursuant to Clauses 1 and 2, Article 40 of the Law on Environmental Protection 2020, the contents of an environmental permit are as follows:
– Contents of the environmental permit include general information about investment projects, establishments, production and business zones, concentrated services, and industrial clusters; environmental licensing content; requirements on environmental protection; the term of the environmental permit; other content (if any).
– Contents of environmental licensing include:
+ Source 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;
+ Source of emissions; maximum exhaust gas flow; exhaust flow; pollutants and limit values of pollutants according to the flue gas stream; location and method of exhaust gas discharge;
+ Sources and limit values for noise and vibration;
+ Hazardous waste treatment facilities and equipment systems; hazardous waste code and volume allowed to be treated, number of hazardous waste transfer stations, operating area for investment projects, establishments providing hazardous waste treatment services;
+ Type and volume of scrap allowed to be imported, for investment projects or establishments that import scrap from abroad as raw production materials.
Who is the authority to issue environmental licenses?
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, 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 licnses 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.
Order and procedures to be granted an environmental license
In Article 43 of the Law on Environmental Protection 2020, the dossiers, order and procedures for granting environmental permits are as follows:
Step 1: The owner of the investment project or establishment submits an application for an environmental permit to the environmental permit-granting agency and pays the fee for assessment and grant of an environmental permit as prescribed.
An application file for an environmental permit includes the following papers:
– 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 the proposal for the grant of an environmental permit, except for information classified as state secret or enterprise secret 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 an investment project, establishment, concentrated production, business and service zone, industrial cluster discharges wastewater into irrigation works, the environmental permit-granting agency must obtain opinions by documents and obtain the consent of the state agency managing the irrigation works before granting the environmental permit;
+ In case of investment projects, establishments located in concentrated production, business and service zones, industrial clusters, the environmental licensing agency must obtain written opinions from the construction and business investors trading in infrastructure of such concentrated production, business and service zones or industrial clusters before the issuance of environmental permits.
Step 4: Issuing an environmental permit
According to Clause 4, Article 43 of the Law on Environmental Protection 2020, the time limit for granting an environmental permit is counted from the date of receipt of a complete and valid dossier and is prescribed as follows:
– No more than 45 days for environmental permits under the authority to grant environmental permits of the Ministry of Natural Resources and Environment, the Ministry of National Defense, and the Ministry of Public Security;
– No more than 30 days for environmental permits under the authority to grant environmental permits of the People’s Committees of the province, the People’s Committee of the district;
Note: The agency competent to grant environmental permits may prescribe a shorter term for the grant of an environmental permit than the one specified above in accordance with the type, scale and nature of the investment project. , establishments, concentrated production, business and service zones, industrial clusters.
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Frequently asked questions
Who must have an environmental permit?
Pursuant to Article 39 of the Law on Environmental Protection 2020 stipulates that subjects must have an environmental permit as follows:
Investment projects of Group I, Group II and Group III that generate wastewater, dust or gas discharged into the environment must be treated or generate hazardous waste, which must be managed according to regulations on waste management. when 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 of this 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 permits.
Pursuant to the provisions of Article 45 of the Law on Environmental Protection 2020, the specific fees for assessment and issuance of environmental permits are as follows:
(1) Owners of investment projects and establishments are responsible for paying fees for assessment, grant, re-grant and adjustment of environmental permits.
(2) The Minister of Finance shall prescribe the regime of collection, payment, management and use of fees for assessment, grant, re-issuance and adjustment of environmental permits within the authority of the central government agency in granting environmental permits. nurse.
(3) Provincial-level People’s Councils shall prescribe the regime of collection, payment, management and use of fees for assessment, grant, re-issuance and adjustment of environmental permits within the environmental permit-granting competence of the People’s Committees of the province. province and district-level People’s Committee as prescribed by law.
In Clause 3, Article 11 of Decree No. 45/2022/ND-CP, violations of regulations on implementation of environmental permits fall under the licensing authority of the Ministry of Natural Resources and Environment, specifically as follows:
Violations against regulations on the implementation of environmental permits under the licensing authority of the Ministry of Natural Resources and Environment or the implementation of environmental permits under the licensing competence of the Ministry of National Defense or the Ministry of Public Security with equivalent subjects under the licensing authority of the Ministry of Natural Resources and Environment, except for the cases specified in Articles 15, 29, 30, 31, 35 and 38 of this Decree, the penalties shall be as follows:
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A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failing to disclose environmental permits as prescribed;
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Conclusion: So the above is Regulations on environmental license in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
