How much are fees for issuance of environmental license in Vietnam?

1. How much are fees for issuance of environmental license in Vietnam?

Pursuant to Article 45 of the Law on Environmental Protection 2020, there are regulations on fees for issuance of environmental license as follows:

1. The investment project/business owner shall pay fees for issuance, re-issuance and adjustment of the environmental license.

2. The Minister of Finance shall provide for collection, payment, management and use of fees for issuance, re-issuance and adjustment of the environmental license issued by central government authorities.

3. Provincial People's Councils shall provide for collection, payment, management and use of fees for issuance, re-issuance and adjustment of the environmental license issued by provincial and district-level People’s Committees as prescribed by law.

Thus, according to the above regulations, fees for issuance of environmental license will be determined differently by the People's Councils of each province. You need to refer to fees for issuance of environmental license at the People's Council where your company's project is located in Vietnam.

2. What does the application for an environment license include?

Article 43 of the Law on Environmental Protection 2020 has the following provisions:

1. An application for issuance of an environmental license includes:

a) An application form;

b) A report on proposal for issuance of the environmental license;

c) Legal and technical documentation of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster.

2. Procedures for issuance of the environmental license are as follows:

a) An investment project/business owner shall send an application for issuance of the environmental license to the competent authority specified in Article 41 hereof. The application may be submitted in person or by post or through the online public service system;

b) The licensing authority shall receive the application and inspect its adequacy and validity; make publicly available contents of the report on proposal for issuance of the environmental license, except for information classified as state secrets or enterprise's secrets as prescribed by law; consult relevant organizations and individuals; carry out a site inspection of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster; carry out appraisal and issue the environmental license.

The sequence of receiving and handling administrative procedures shall be followed in person, by post or through the online public service system at the request of the investment project/business owner;

c) If the investment project, business, dedicated area for production, business operation and service provision or industrial cluster discharges wastewater into a hydraulic structure, the licensing authority shall collect written comments and reach an agreement with the regulatory body managing such hydraulic structure before issuing the environmental license;

d) If the investment project or business is located within a dedicated area for production, business operation and service provision or industrial cluster, the licensing authority shall collect written comments of the investor in construction and commercial operation of such dedicated area for production, business operation and service provision or industrial cluster before issuing the environmental license;

3. The licensing shall be based on appraisal of the report on proposal for issuance of the environmental license. The licensing authority shall establish an appraisal council and inspectorate in accordance with the Government's regulations.

Regarding the investment project, business, dedicated area for production, business operation and service provision or industrial cluster that discharges wastewater into a hydraulic structure, the appraisal council and inspectorate shall include a representative from the regulatory body managing such hydraulic structure.

The regulatory body managing the hydraulic structure shall appoint a member to join the appraisal council and inspectorate and comment on the licensing within the time limit for comment collection; if such time limit expires and a written response fails to be given, it is considered that such body agrees to the licensing.

4. The time limit for licensing begins on the date of receiving a satisfactory application and is as follow:

a) Not exceeding 45 days if the environmental license is issued by the Ministry of Natural Resources and Environment, Ministry of National Defense and Ministry of Public Security;

b) Not exceeding 30 days if the environmental license is issued by a provincial or district-level People’s Committee;

c) The licensing authority may impose a shorter time limit than that specified in Points a and b of this Clause according to the type, scale and nature of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster.

5. If an investment project, business, dedicated area for production, business operation and service provision required to obtain the environmental license performs radiation works, it shall, in addition to complying with regulations of this Law, comply with regulations of law on atomic energy.

6. The Government shall elaborate this Article.

According to this Article, an application for issuance of an environmental license in Vietnam includes an application form, a report on proposal for issuance of the environmental license, legal and technical documentation of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster.

Best Regards!