What are the grounds for applying for an environmental permit in Vietnam?

What are the grounds for applying for an environmental permit in Vietnam?

Pursuant to Clause 1, Article 42 of the Law on Environmental Protection 2020 stipulates the basis for granting environmental permits as follows:

1. Bases for issuance of the environmental license include:

a) The application for issuance of environmental license specified in Clause 1 Article 43 hereof;

b) The EIAR of which result of appraisal has been approved by the competent authority (if any);

c) National environmental protection planning, provincial planning, regulations on environmental zoning and environment’s carrying capacity under the competent authority’s decision, except for the case specified in Point e of this Clause;

d) Technical regulation on environment;

dd) Regulations of law on environmental protection, water resources and other relevant regulations of law;

e) At the time of issuing the environmental license, if the national environmental protection planning, provincial planning or regulation on environmental zoning or environment’s carrying capacity has not yet been promulgated by the competent authority, the environmental license shall be issued according to Points a, b, d and dd of this Clause.

According to this Clause, when the competent authority issues an environmental permit in Vietnam, it will rely on the application for a permit, environmental impact assessment report and other grounds above.

What are the orders and procedures for issuing environmental permits in Vietnam?

According to Clause 2, Article 43 of the 2020 Law on Environmental Protection, the order and procedures for granting environmental permits are as follows:

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;

Thus, when your company applies for an environmental license in Vietnam, it is necessary to carry out the procedures prescribed above.

Best Regards!