The registration of environmental protection plans in Vietnam
What are the current regulations on the registration of environmental protection plans in Vietnam? Please get back to me.
The registration of environmental protection plans in Vietnam (Image from the Internet)
Legal grounds:
- Clause 11, Article 1 of Decree 40/2019/ND-CP takes effect from July 1, 2019.
- Article 18 of Decree 18/2015/ND-CP.
The registration of environmental protection plans according to the latest regulations of current law is as follows:
- Projects and plans subject to registration of environment protection plans:
+ New investment projects, project for extension of scope or capacity with the total scope and capacity of ongoing facilities and new investment portion prescribed in Column 5 Appendix II of this Decree;
+ Projects/plans for business investment, projects/plans for extension of scope or capacity of business facilities which produce wastewater from 20m3/day (24 hours) to under 500m3/day (24 hours) or solid waste from 1 tonne/day (24 hours) to under 10 tonnes/day (24 hours) or emission from 5,000m3/hour to under 20,000m3/hour (including ongoing facility and extension) other than business investment projects prescribed in Column 3 Appendix II Section I issued herewith.
- Projects and plans not specified in Clause 1 of this Article shall be exempt from registration of environment protection plans. The management and treatment of waste and other environment protection obligations shall be carried out as per the law.
- Contents of environmental protection plan
+ The environmental protection plan includes: a description, containing particulars prescribed in Article 30 of the Law on Environment Protection, and basic design drawing or construction drawing design (if the project only requires one single design step) in a waste treatment work (if the construction of waste treatment work is required as prescribed) in accordance with law on construction; and a plan for prevention and response to environmental incidents during the construction process and operation process, meeting the environment protection requirements as prescribed;
+ Regarding projects/plans for extension of scope or capacity of ongoing business facilities, the environmental protection plan must contain an evaluation of performance of environment protection of the former facility; an evaluation of environmental impacts the former facility and the project/plan for extension of scope or capacity.
- The project owner or facility owner of the project/plan prescribed in Clause 2 hereof shall register the environment protection plan with the competent authority prescribed in Clause 1 Article 19 of this Decree and may execute the business project/plan only after an approval for registration of environment protection plan is granted by the competent authority.
- If the project or plan for business investment is located in the administrative divisions of two provinces or more, the environment protection plan shall be registered at the one of environment protection authority of province at the request of the project owner or facility owner.
Above is the consulting content.
