What is the time for environmental registration in Vietnam? What are prohibited acts regarding environmental protection in Vietnam?

What is the time for environmental registration in Vietnam?

Pursuant to Clause 6 Article 49 of the Law on Environmental Protection in 2020 stipulating environmental registration:

Environmental registration

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6. The time for environmental registration is as follows:

a) The investment projects that are specified in Point a Clause 1 of this Article and subject to EIA and environmental registration before being put into official operation;

b) The investment projects that are specified in Point a Clause 1 of this Article but not subject to EIA and environmental registration before the competent authority issue the construction permit if a construction permit is required in accordance with regulations of law on construction or before waste is discharged into the environment if a construction permit is not required in accordance with regulations of law on construction;

c) The businesses that are specified in Point b Clause 1 of this Article and subject to environmental registration within 24 months from the effective date of this Law.

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As regulated above, the time for environmental registration in Vietnam is as follows:

- The waste-generating investment projects not required to obtain an environmental license and subject to EIA and environmental registration before being put into official operation;

- The waste-generating investment projects not required to obtain an environmental license but not subject to EIA and environmental registration before the competent authority issue the construction permit if a construction permit is required in accordance with regulations of law on construction or before waste is discharged into the environment if a construction permit is not required in accordance with regulations of law on construction.

What is the time for environmental registration in Vietnam? What are prohibited acts regarding environmental protection in Vietnam? - image from internet

What are prohibited acts regarding environmental protection in Vietnam?

Pursuant to Article 6 of the Law on Environmental Protection in 2020 stipulating prohibited acts regarding environmental protection in Vietnam:

- Failure to transport, bury, discharge and burn solid and hazardous waste in accordance with technical process and regulations of law on environmental protection.

- Discharging wastewater and exhaust gases that have yet to be treated according to technical regulations on environment into the environment.

- Dispersing and releasing into the environment hazardous substances and harmful viruses capable of infecting humans and animals, untested microorganisms, dead bodies of animals dying of epidemics and other agents harmful to human health, creatures and nature.

- Generating noise and vibration in excess of the permissible level stipulated in technical regulations on environment; discharging smokes, dusts and noxious gases into the air.

- Executing investment projects or discharging waste in case of failure to satisfy all conditions prescribed by the Law on Environmental Protection.

- Importing, temporarily importing, re-exporting and transiting waste from foreign countries in any shape or form.

- Illegally importing used vehicles, machinery and equipment for the purposes of dismantling or recycling.

- Failure to operate works or take measures to prevent and respond to environmental emergencies in accordance with regulations of law on environmental protection and other regulations of law.

- Concealing acts of polluting the environment, obstructing and falsifying information concerning environmental protection activities, thereby resulting in adverse effects on the environment.

- Manufacturing and trading products harmful to humans, creatures and nature; manufacturing and using raw materials and building materials containing toxic factors in excess of the permissible level prescribed in technical regulations on environment.

- Manufacturing, importing, temporarily importing, re-exporting and selling ozone depleting substances prescribed in the treaty on substances that deplete the ozone layer to which Socialist Republic of Vietnam is a signatory.

- Sabotaging or infringing upon natural heritage sites.

- Sabotaging or infringing upon structures, equipment and facilities serving environmental protection activities.

- Abusing positions or powers to commit violations against regulations of law on environmental protection.

What are principles of environmental protection in Vietnam?

Pursuant to Article 4 of the Law on Environmental Protection in 2020 stipulating principles of environmental protection in Vietnam:

- Environmental protection is the right, obligation and responsibility of every agency, organization, residential community, household and individual.

- Environmental protection serves as a basis, key factor and prerequisite for sustainable socio-economic development. Environmental protection activities are associated with economic development and natural resource management, and considered and assessed in the process of carrying out development activities.

- Environmental protection harmonizes with social security, protection of children’s right, promotion of gender equality and protection of the human right to live in a pure environment.

- Environmental protection activities are carried out in a regular, public and transparent manner; priority is given to prediction and prevention of environmental pollution, emergencies and degradation, environmental risk management, waste minimization and strengthening of reuse and recycling of waste with a view to maximization of its value.

- Environmental protection complies with natural law, natural, cultural and historical characteristics, and the level of socio-economic development; boost development in ethnic minority and mountainous areas.

- Any agency, organization, residential community, household or individual profiting from the environment is obliged to make their financial contribution to the environmental protection activities; pay compensation for damage, take remedial measures and assume other responsibilities as prescribed by law if causing environmental pollution, emergencies and degradation.

- Environmental protection is not detrimental to the national sovereignty, security and interests, and is associated with regional and global environmental protection.

Best regards!