Do waste-generating investment projects that generate less than 200 kg/day have to conduct environmental registration in Vietnam?
Do waste-generating investment projects that generate less than 200 kg/day have to conduct environmental registration in Vietnam? What do contents of environmental registration in Vietnam comprise?
My company plans to invest in waste-generating investment projects that generates less than 200 kg of domestic solid waste per day. Does my company have to conduct environmental registration? Who is exempted from environmental registration? Thank you!
Do waste-generating investment projects that generate less than 200 kg/day have to conduct environmental registration in Vietnam?
In Clause 1, Clause 2, Article 49 of the Law on Environmental Protection 2020, environmental registration include:
1. Obliged registrants:
a) Waste-generating investment projects not required to obtain an environmental license;
b) Waste-generating businesses operating before the effective date of this Law not required to obtain an environmental license.
2. 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.
Article 32 of Decree 08/2022/ND-CP stipulates that subjects exempt from environmental registration
are as follows:
1. Investment projects and businesses mentioned in point a clause 2 Article 49 of the LEP.
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 provisions of law, your company's project only generates less than 300 kg/day of domestic solid waste, which is not subject to environmental registration, but your company must treat waste in situ or manage it according to local regulations in Vietnam.
What do contents of environmental registration in Vietnam comprise?
According to Clause 4, Article 49 of the Law on Environmental Protection 2020, environmental registration contents include:
4. Environmental registration shall cover:
a) General information about the investment project/business;
b) Type of production, business and service; technologies, capacity, products; raw materials, fuels and chemicals used (if any);
c) Type and quantity of waste generated;
d) A scheme to collect, manage and treat waste as prescribed;
dd) Commitments to environmental protection.
Best Regards!
