Which subjects must have an environmental license in Vietnam? What are the contents of the environmental license and the items to be licensed?
Which subjects must have an environmental license in Vietnam?
Pursuant to the provisions of Article 39 of the 2020 Law on Environmental Protection in Vietnam stipulating as follows:
Obliged applicants for environmental license in Vietnam
1. Group I, II and III projects that generate wastewater, dusts and exhaust gases that must be treated into the environment or generate hazardous waste that must be managed in accordance with regulations on waste management before officially being put into operation.
2. Investment projects, dedicated areas for production, business operation and service provision and industrial clusters operating before the effective date of this Law and applying environmental criteria as the projects mentioned in Clause 1 of this Article.
3. If the projects mentioned in Clause 1 of this Article are urgent public investment projects as prescribed by the Law on Public Investment, they are exempt from the environmental license.
According to the above regulations, there are two subjects that must have an environmental license, including:
- Subject 1: Group I, II and III projects that generate wastewater, dusts and exhaust gases that must be treated into the environment or generate hazardous waste that must be managed in accordance with regulations on waste management before officially being put into operation.
The above subjects are urgent public investment projects as prescribed by the Law on Public Investment, they are exempt from the environmental license.
- Subject 2: Investment projects, dedicated areas for production, business operation and service provision and industrial clusters operating before January 1, 2022 and applying environmental criteria as subject 1.
Which subjects must have an environmental license in Vietnam? What are the contents of the environmental license and the items to be licensed?
What are the contents of the environmental license and the items to be licensed?
Pursuant to Clause 1, Article 40 of the 2020 Law on Environmental Protection in Vietnam and Clause 2, Article 40 of the 2020 Law on Environmental Protection in Vietnam on the contents of an environmental license and the items to be licensed as follows:
- Contents of an environmental license include general information about the investment project, business, dedicated area for production, business operation and service provision or industrial cluster; items to be licensed; environmental protection requirements; validity period; other contents (if any).
- Items to be licensed include:
+ Source of wastewater; maximum wastewater flow rate; wastewater flow; pollutants and permissible limits of pollutants in the wastewater flow; location and method of wastewater discharge and wastewater receiving bodies;
+ Source of emissions; maximum exhaust gas flow rate; wastewater flow; pollutants and permissible limits of pollutants in the emissions flow; location and method of exhaust gas discharge;
+ Source and permissible limits of noise and vibration;
+ Works and system for hazardous waste treatment; hazardous waste code and quantity of waste permitted for treatment, quantity of hazardous waste transfer stations, operating area with regard to the investment project, hazardous waste treatment service providers;
+ Type and quantity of scrap permitted for import with regard to the investment project, establishments importing scrap from foreign countries as production materials
How long is the environmental license valid for?
Pursuant to the provisions of Clause 4, Article 40 of the 2020 Law on Environmental Protection in Vietnam on the term of an environmental license as follows:
The environmental license shall be valid for:
(1) 07 years, regarding group I investment projects;
(2) 07 years, regarding businesses, dedicated areas for production, business operation and service provision and industrial clusters operating before the effective date of this Law and applying environmental criteria as Group I investment projects;
(3) 10 years, regarding the license holders not mentioned in (1) (2);
(4) The validity period may be shorter than that specified in (1) (2) (3) at the request of the investment project owners, businesses, investors in construction and commercial operation of infrastructure in dedicated areas for production, business operation and service provision and industrial clusters (hereinafter collectively referred to as “investment project/business owners”).
What are the environmental protection requirements in the environmental license in Vietnam?
Pursuant to the provisions of Clause 3, Article 40 of the 2020 Law on Environmental Protection in Vietnam, the environmental protection requirements in the environmental license are:
- There should be appropriate works and measures for collecting and treating waste and emissions and reducing noise and vibration; in the case of discharge of wastewater into hydraulic structures, environmental protection requirements should be in place to be applied to the source of water discharged into hydraulic structures;
- Regarding investment projects and hazardous waste treatment providers, there should be measures, systems, works and equipment serving storage, transport, transfer, preliminary processing and treatment which satisfy technical and managerial requirements,;
- Regarding investment projects and establishments importing scrap from foreign countries as production materials, there should be appropriate warehouses and yards for scrap storage; recycling equipment; impurity treatment scheme; re-export scheme;
- There should be environmental management and supervision plans, environmental emergency prevention and response plans; equipment and works serving environmental emergency prevention and response and environmental monitoring;
- It is required to manage domestic solid waste, normal industrial solid waste and hazardous waste; improve and remediate environmental; carry out biodiversity offsets according to regulations of law.
Nguyễn Thị Hồng Nhung
