Which investment projects and manufacturing and business establishments exempted from environmental registration in Vietnam?

What is environmental registration according to the law in Vietnam?

Pursuant to Clause 9 Article 3 of the Law on Environmental Protection in 2020:

Definitions

For the purposes of this Law, the terms below shall be construed as follows:

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8. “environmental license” means a document issued by a competent authority to an organization or individual (hereinafter referred to as “entity”) involved in business activities, permitting such organization or individual to discharge waste into the environment and manage waste and scrap imported from foreign countries as production materials in accordance with environmental protection requirements as prescribed by law.

9. “environmental registration” means a business investment project owner or business owner registering with a regulatory body waste discharge-related contents and environmental protection measures of such business investment project owner or business owner (hereinafter referred to as “the investment project/business”).

10. “technical regulation on environment” means a regulation requiring mandatory application of limits of parameters regarding environmental quality, concentration of pollutants in raw materials, fuels, materials, equipment, products, goods and waste, and technical and managerial requirements. The regulation is issued by a competent authority in accordance with regulations of law on standards and technical regulations.

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As regulated above, environmental registration means a business investment project owner or business owner registering with a regulatory body waste discharge-related contents and environmental protection measures of such business investment project owner or business owner.

What is environmental registration according to the law in Vietnam? Which investment projects and manufacturing and business establishments exempted from environmental registration in Vietnam? - image from internet

Which investment projects and manufacturing and business establishments exempted from environmental registration in Vietnam?

Pursuant to Appendix XVI of the Decree 08/2022/ND-CP stipulating the list of investment projects and manufacturing and business establishments exempted from environmental registration:

- Human resources training; consultancy activities, technology transfer, vocational training, training in technology or management skills, information provision, marketing, investment and trading promotion.

- Production, presentation and release of television programs; production of films, videos; television activities, recording activities and music publishing.

- Commercial services, mobile trading without any fixed location.

- Commercial services, trading in consumer products and goods and household articles with a construction area of less than 200 m2.

- Food and beverage services with a restaurant area of less than 200 m2.

- Household article repair and maintenance services rendered by individuals and households.

- Photocopying, internet and video game services.

- Farming on agricultural land and forestry land, aquaculture and livestock production at individual or household scale.

- Testing cultivation of plant species with an area of less than 01 hectare.

- Construction of housing for individuals or households.

- Projects and establishments engaging in aquaculture on oceans, rivers, streams and reservoirs with a wastewater flow of less than 10,000 m3 every 24 hours.

- Investment projects and establishments which fully satisfy the following criteria:

+ Emissions subject to mandatory treatment are not generated;

+ Wastewater is not generated or is connected to a centralized wastewater treatment system which has been issued with the environmental license by a competent authority;

+ Hazardous waste is not generated throughout their operation.

Which subjects are exempt from environmental registration in Vietnam?

Pursuant to Article 32 of the Decree 08/2022/ND-CP stipulating subjects exempt from environmental registration:

Subjects exempt from environmental registration

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.

As regulated above, subjects exempt from environmental registration include:

- Investment projects and businesses classified as state secrets in the field of national defense and security.

- 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.

- List of investment projects and businesses exempt from environmental registration.

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