What is the application for an environmental license at the Ministry of Natural Resources and Environment of Vietnam? What are the procedures for issuance of environmental license in Vietnam?

May I ask: What is the application for an environmental license at the Ministry of Natural Resources and Environment of Vietnam? What are the procedures for issuance of environmental license in Vietnam? - Question from Mr. Dung (Hai Phong)

What is the application for an environmental license at the Ministry of Natural Resources and Environment of Vietnam?

The application for an environmental license at the Ministry of Natural Resources and Environment is currently specified at point c, clause 1, subsection I, Section A, Part II of the Appendix issued together with Decision No. 87/QD-BTNMT in 2022. Specifically:

- The original of the written request for environmental license of the investment project or establishment;

- The original report on proposal for environmental license of the investment project or facility;

- A copy of the feasibility study report or document equivalent to the feasibility study report of the investment project (for investment projects not subject to environmental impact assessment).

Thus, the above dossier is made into 1 set and sent to the Ministry of Natural Resources and Environment.What is the application for an environmental license at the Ministry of Natural Resources and Environment of Vietnam? What are the procedures for issuance of environmental license in Vietnam?

What is the application for an environmental license at the Ministry of Natural Resources and Environment of Vietnam? What are the procedures for issuance of environmental license in Vietnam? (Image from the Internet)

What are the methods of submission of application for an environmental license to the Ministry of Natural Resources and Environment of Vietnam?

Pursuant to Point b, Clause 1, subsection I, Section A, Part II of the Appendix issued together with Decision No. 87/QD-BTNMT in 2022, the application for an environmental license may be sent to the Ministry of Natural Resources and Environment according to the following methods:

- Through the online public service system level 4 of the licensing agency (required for the following cases:

+ Investment projects, establishments not subject to trial operation of waste treatment works;

+ Investment projects, facilities connecting wastewater to centralized wastewater collection and treatment systems of concentrated production, business and service zones, industrial clusters and meeting the following requirements:

++ Not in the type of production, business or service with the risk of causing environmental pollution;

++ Not subject to automatic, continuous or periodical monitoring of emissions.

- Send in person or by postal service to the licensing authority

What are the current procedures for issuance of an environmental license at the Ministry of Natural Resources and Environment of Vietnam?

Pursuant to Point a, Clause 1, Subsection I, Section A, Part II of the Appendix issued together with Decision No. 87/QD-BTNMT in 2022. Procedures for issuance of an environmental license at the Ministry of Natural Resources and Environment are carried out according to the following steps:

No.

Order

Content

1

Step 1: Submit the application

- Organizations/individuals (investment project owners, establishments) submit dossiers through the online public service system of the Ministry of Natural Resources and Environment at https://dichvucong.monre.gov.vn, Portal national public service at the address https://dichvucong.gov.vn or send it directly or via postal service to the Office to receive and return the results of administrative procedures of the Ministry of Natural Resources and Environment. Address 10 Ton That Thuyet, Nam Tu Liem District, Hanoi.

- For investment projects under state secrets on national defense and security: submit dossiers according to regulations of the Ministry of National Defense and the Ministry of Public Security.

2

Step 2: Check the application

The licensing agency considers the completeness and validity of the dossier according to regulations; In case the dossier is incomplete or invalid, it shall notify the organization or individual to complete the dossier according to regulations.

3

Step 3: Verify the application, check and return the results

- The licensing agency shall establish an appraisal council, appraisal team or inspection team in one of the following cases:

+ For an investment project that has a decision approving the appraisal results of the environmental impact assessment report, there is no content to use scrap imported from abroad as raw materials for production or provide treatment services. hazardous waste management, and in the case specified at Point b, Clause 4, Article 37 of the 2020 Law on Environmental Protection in Vietnam, the licensing agency establishes a council for assessment and issuance of environmental licenses, does not conduct a physical inspection;

+ For an investment project that has a decision on approval of the results of appraisal of the environmental impact assessment report and does not fall into the case specified at Point b, Clause 4, Article 37 of the 2020 Law on Environmental Protection in Vietnam, the investment project using scrap imported from abroad as raw materials for production or providing hazardous waste treatment services, the licensing agency establishes an environmental license appraisal team, fails to conduct a physical inspection;

+ For investment projects that are not subject to environmental impact assessment, the agency competent to issue environmental licenses shall set up an appraisal council, the appraisal council shall be responsible for organizing the actual survey. economy in the area where the investment project is expected to be implemented;

+ For establishments, concentrated production, business and service zones, industrial clusters in operation, the licensing agency shall establish an inspection team and organize the actual inspection.

- The appraisal council, the appraisal team appraises the dossier, the inspection team studies the dossier and conducts a survey or actual inspection (if any) of the investment project or facility.

In case the dossier must be amended or supplemented to ensure sufficient grounds for the issuance of a license, the licensing agency shall notify the project owner in writing and clearly state the contents to be amended and supplemented. The licensing agency does not require the project owner or facility to perform other tasks other than the contents of the written notice requesting modification and supplementation of this dossier.

- Based on the appraisal results of the appraisal council, the appraisal team or the inspection results of the inspection team, the licensing agency shall consider and issue an environmental license to the investment project or facility in case of sufficient conditions for issuance of an environmental license or a written notice of return of the dossier to the project owner or facility and clearly stating the reason in case of ineligibility for the issuance of an environmental license.


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