Which entities are subject to the environmental registration in Vietnam? When are entities exempt from environmental registration in Vietnam?
Which entities are subject to the environmental registration in Vietnam?
Pursuant to the provisions of Clause 1, Article 49 of the 2020 Law on Environmental Protection in Vietnam, the entities subject to environmental registration include:
- Waste-generating investment projects not required to obtain an environmental license;
- Waste-generating businesses operating before the effective date of this Law not required to obtain an environmental license.
Which entities are subject to the environmental registration in Vietnam? When are entities exempt from environmental registration in Vietnam?
When are entities exempt from environmental registration in Vietnam?
Pursuant to Clause 2, Article 49 of the 2020 Law on Environmental Protection in Vietnam as follows:
The registrants specified in Clause 1 of this Article shall be exempt from environmental registration, including:
a) Investment projects and businesses classified as state secrets in the field of national defense and security;
b) Investment projects when put into operation and businesses that do not generate waste or only generate a small quantity of waste which is treated using in situ waste treatment works or managed in accordance with regulations of the local government;
c) Other registrants.
At the same time, based on Article 32 of Decree 08/2022/ND-CP stipulating as follows:
Entities exempt from environmental registration
1. Investment projects and businesses mentioned in point a clause 2 Article 49 of the 2020 Law on Environmental Protection in Vietnam.
2. An investment project in case where it is put into operation and the business that does not generate waste or only generates less than 300 kg of domestic solid waste per day which is managed in accordance with the regulations laid down by the local government; or generates less than 05 m3 of wastewater per day or less than 50 m3 of emissions per hour which is treated using an in situ treatment work or equipment or managed in accordance with the regulations laid down by the local government.
3. List of investment projects and businesses exempt from environmental registration specified in the Appendix XVI hereof.
According to the above regulations, entities exempt from environmental registration are:
- Investment projects and businesses classified as state secrets in the field of national defense and security
- An investment project in case where it is put into operation and the business that does not generate waste or only generates less than 300 kg of domestic solid waste per day which is managed in accordance with the regulations laid down by the local government; or generates less than 05 m3 of wastewater per day or less than 50 m3 of emissions per hour which is treated using an in situ treatment work or equipment or managed in accordance with the regulations laid down by the local government.
- The list of investment projects and businesses exempt from environmental registration includes:
+ Human resource training activities; consulting activities, technology transfer, vocational training, technical training, management skills, information provision, marketing, investment promotion and trade.
+ Producing, presenting and releasing television programs; motion picture, video film production; television activities, music recording and publishing activities.
+ Commercial services, mobile trading, no fixed location.
+ Commercial services, trade in products, consumer goods, household appliances with a construction area of less than 200 m2.
+ Food service with restaurant area under 200 m2.
+ Service of repairing and maintaining household appliances on an individual and household scale.
+ Copy service, internet access, video games.
+ Cultivation on agricultural land, forestry, aquaculture, animal husbandry on an individual and household scale.
+ Trial planting of plant species on a scale of less than 01 ha.
+ Construction of individual and family houses.
+ Aquaculture projects and establishments in the sea, rivers, streams and reservoirs with a wastewater volume of less than 10,000 m3/day.
+ Investment projects, establishments fully satisfy the following criteria:
++ No emissions to be treated;
++ No wastewater is generated or wastewater is generated but connected to a centralized wastewater treatment system that is licensed by a competent state agency;
++ No hazardous waste is generated during operation.
What does environmental registration include?
Pursuant to the provisions of Clause 4, Article 49 of the 2020 Law on Environmental Protection in Vietnam, the environmental registration shall cover:
- General information about the investment project/business;
- Type of production, business and service; technologies, capacity, products; raw materials, fuels and chemicals used (if any);
- Type and quantity of waste generated;
- A scheme to collect, manage and treat waste as prescribed;
- Commitments to environmental protection.
What are the regulations on the time for environmental registration in Vietnam?
Pursuant to the provisions of Clause 6, Article 49 of the 2020 Law on Environmental Protection in Vietnam, the time for environmental registration is as follows:
- The investment projects that are specified in Point a Clause 1 Article 49 of the 2020 Law on Environmental Protection in Vietnam and subject to environmental impact assessment and environmental registration before being put into official operation;
- The investment projects that are specified in Point a Clause 1 Article 49 of the 2020 Law on Environmental Protection in Vietnam but not subject to environmental impact assessment and environmental registration before the competent authority issue the construction permit if a construction permit is required in accordance with regulations of law on construction or before waste is discharged into the environment if a construction permit is not required in accordance with regulations of law on construction;
- The businesses that are specified in Point b Clause 1 Article 49 of the 2020 Law on Environmental Protection in Vietnam and subject to environmental registration within 24 months from the effective date of this Law.
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