When is the environmental license in Vietnam renewed? What is included in the dossier of application for renewal of environmental license at the Ministry of Natural Resources and Environment of Vietnam?
- When is the environmental license in Vietnam renewed?
- What is included in the dossier of application for renewal of environmental license at the Ministry of Natural Resources and Environment of Vietnam?
- What are the procedures for renewal of environmental license at the Ministry of Natural Resources and Environment of Vietnam?
When is the environmental license in Vietnam renewed?
Cases of renewal of environmental licenses are specified in Clause 1, Article 44 of the 2020 Law on Environmental Protection in Vietnam as follows:
Renewal, adjustment, re-issuance, suspension and revocation of environmental license in Vietnam
1. An environmental license shall be renewed in the case specified in Clause 5 Article 42 of this Law but other information in the license remains unchanged.
According to that, based on the provisions of Clause 5, Article 42 of the 2020 Law on Environmental Protection in Vietnam as follows:
Bases and time for issuance of environmental license in Vietnam
...
5. If name of the investment project, business or dedicated area production, business operation and service provision or investment project/business owner is changed, the investment project/business owner shall continue to comply with the environmental license and notify the licensing authority for renewal of the license.
Thus, according to regulations, an environmental license shall be renewed in case the name of the investment project, business or dedicated area production, business operation and service provision or investment project/business owner is changed but other contents specified in the license are not changed.
When is the environmental license in Vietnam renewed? What is included in the dossier of application for renewal of an environmental license at the Ministry of Natural Resources and Environment of Vietnam? (Image from the Internet)
What is included in the dossier of application for renewal of environmental license at the Ministry of Natural Resources and Environment of Vietnam?
Pursuant to point c, clause 2, subsection I, Section A, Part II of the Appendix issued together with Decision No. 87/QD-BTNMT in 2022, the application for renewal of environmental license at the Ministry of Natural Resources and Environment includes:
- 01 original copy of the written request for environmental license renewal of the owner of the investment project, establishment.
- 01 copy of the legal document related to the change in case there is a change in the name of the investment project, establishment, production, business, concentrated service, industrial cluster or the owner of the investment project, establishment.
What are the procedures for renewal of environmental license at the Ministry of Natural Resources and Environment of Vietnam?
Pursuant to the provisions of Clause 2, Subsection I, Section A, Part II of the Appendix issued together with Decision No. 87/QD-BTNMT in 2022, the procedures for renewal of environmental licenses at Ministry of Natural Resources and Environment are carried out according to the following contents:
(1) Execution sequence
Step 1: Submit the application
- Organizations/individuals (owners of investment project, 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 https://dichvucong.gov.vn.
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.
- The owner of the investment project or establishment shall send the licensing agency a written request for the renewal of the environmental license, enclosed with the legal documents related to the change, in case there is a change in the name of the investment project, establishment, concentrated production, business or service zone, industrial cluster or owner of the investment project, establishment.
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.
Step 3: Verify the application and return the results
- The licensing agency or authorized agency shall study the written request for renewal, enclosed with legal documents related to the change of investment project owner or establishment.
In case the dossier is complete and valid, the licensing agency or the agency authorized to issue and renew the environmental license for the investment project owner or facility with the remaining term of the license;
- In case the dossier must be amended or supplemented to ensure sufficient grounds for the grant of a license, the licensing agency or authorized agency shall notify the project owner in writing and specify the contents to be modified and supplemented.
The licensing agency or authorized agency shall not require the project owner or establishment to perform other tasks other than the contents of the written notice requesting modification and supplementation of this dossier.
After receiving a complete and valid dossier, the licensing agency or the agency authorized to issue an environmental license to the investment project owner or establishment with the remaining term of the license shall be granted the replacement of the environmental license.
(2) Method
- Submit application: Through the online public service system level 4 of the licensing agency.
- Return results of administrative procedures: Through the online public service system level 4 of the licensing agency.
(3) Results of administrative procedures
Renewal of environmental license
(4) Time limit for settlement
- Time limit for checking and replying on completeness and validity of dossiers: not specified.
- Time limit for renewal of environmental licenses: up to 10 (ten) working days from the date of receipt of complete and valid dossiers.
Time for organizations and individuals to edit and supplement dossiers is not included in the time for handling administrative procedures by the licensing agency.
LawNet