What is an environmental permit in Vietnam? Which entities are required to have an environmental permit in Vietnam?
What is an environmental permit in Vietnam? Which entities are required to have an environmental permit in Vietnam?
According to Article 3 of the Law on Environmental Protection 2020:
Article 3. Interpretation of terms
In this Law, the following terms are construed as follows:
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- Environmental impact assessment is the process of analyzing, evaluating, identifying, and forecasting the impacts on the environment of an investment project and proposing measures to mitigate adverse impacts on the environment.
- An environmental permit is a document issued by a competent state management agency to organizations or individuals engaged in production, business, and service activities that are permitted to discharge waste into the environment, manage waste, import scrap from abroad as production materials, accompanied by requirements and conditions for environmental protection as prescribed by law.
- Environmental registration is carried out by the investor, production, business, or service establishment by registering with the state management agency the contents related to waste discharge and environmental protection measures of the investment project or the establishment (hereinafter collectively referred to as the investment project or establishment).
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Thus, an environmental permit is a document issued by a competent state management agency to organizations or individuals engaged in production, business, and service activities that are permitted to discharge waste into the environment, manage waste, import scrap from abroad as production materials, accompanied by requirements and conditions for environmental protection as prescribed by law.
Under Article 39 of the Law on Environmental Protection 2020, the entities required to have an environmental permit include:
[1] Investment projects in group 1, group 2, and group 3 that generate wastewater, dust, or emissions discharged into the environment which must be treated or generate hazardous waste that must be managed in accordance with waste management regulations when going into official operation.
[2] Investment projects, establishments, centralized production, business, and service areas, industrial clusters operating before January 1, 2022, which generate wastewater, dust, or emissions discharged into the environment that must be treated, or generate hazardous waste that must be managed in accordance with waste management regulations when going into official operation.
Note: Entities under category [1] that are urgent public investment projects under the law on public investment are exempt from obtaining an environmental permit.
What is an environmental permit in Vietnam? Which entities are required to have an environmental permit in Vietnam? (Image from the Internet)
What are the contents of an environmental permit?
According to Article 40 of the Law on Environmental Protection 2020, the contents of an environmental permit are stipulated as follows:
Article 40. Contents of an environmental permit
- The contents of an environmental permit include general information about the investment project, establishment, centralized production, business, and service area, industrial cluster; contents of environmental licensing; requirements for environmental protection; the duration of the environmental permit; other contents (if any).
- The contents of environmental licensing include:
a) Sources of wastewater generation; maximum wastewater discharge flow rate; wastewater flow; pollutants and limit values of pollutants according to wastewater flow; location and method of wastewater discharge and the receiving source of wastewater;
b) Sources of exhaust generation; maximum exhaust discharge flow rate; exhaust flow; pollutants and limit values of pollutants according to exhaust flow; location and method of exhaust discharge;
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Thus, an environmental permit includes the following contents:
- General information about the investment project, establishment, centralized production, business, and service area, industrial cluster
- Contents of environmental licensing
- Requirements for environmental protection
- The duration of the environmental permit; other contents (if any)
Which entities does the Ministry of National Defense of Vietnam have the authority to grant an environmental permit to?
According to Article 41 of the Law on Environmental Protection 2020, the authority to issue environmental permits is stipulated as follows:
Article 41. Authority to issue an environmental permit
- The Ministry of Natural Resources and Environment issues an environmental permit for the following entities, except for the cases stipulated in Clause 2 of this Article:
a) The entities stipulated in Article 39 of this Law that have had their environmental impact assessment results approved by the Ministry of Natural Resources and Environment;
b) The entities stipulated in Article 39 of this Law located in areas covering two or more provincial administrative units or located in maritime spaces without determined administrative management responsibility of the provincial People's Committee; facilities that import scrap from abroad as production materials, facilities conducting hazardous waste treatment services.
- The Ministry of National Defense and the Ministry of Public Security issue environmental permits for investment projects and establishments classified as state secrets concerning national defense and security.
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According to the above provisions, the Ministry of National Defense has the authority to issue environmental permits for investment projects and establishments classified as state secrets concerning national defense and security.
