Who shall have power to issue environmental license for projects located in territory of 02 provinces in Vietnam?
Who shall have power to issue environmental license for projects located in territory of 02 provinces in Vietnam?
My company is investing in an project of building a factory, so we need to obtain the environmental license. However, the project is located in territory of 02 provinces. Which agency shall issue the environmental license for our project? What documents are included in the application for issuance of environmental license in Vietnam?
Thank you!
Who shall have power to issue environmental license for projects located in territory of 02 provinces in Vietnam?
Pursuant to Article 41 of the Law on Environmental Protection in 2020 stipulating the power to issue environmental license in Vietnam as follows:
1. The Ministry of Natural Resources and Environment shall issue the environmental license to the following applicants, except for the case specified in Clause 2 of this Article:
a) The projects in Article 39 hereof for which the EIAR appraisal result has been approved by the Ministry of Natural Resources and Environment;
b) The projects specified in Article 39 hereof that involve 02 provinces or more or are located within territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned; establishments importing scrap from foreign countries as production materials, hazardous waste treatment service providers.
2. The Ministry of National Defense and Ministry of Public Security shall issue the environmental license to investment projects and establishments classified as state secrets in the field of national defense and security.
3. Provincial People’s Committees shall issue the environmental license to the following obliged applicants, except for the cases specified in Clauses 1 and 2 of this Article:
a) Group II investment projects in Article 39 hereof;
b) Group II investment projects in Article 39 hereof that involve 02 districts or more;
c) The investment projects in Clause 2 Article 39 hereof for which the EIAR appraisal result has been approved by the provincial People’s Committee or Ministry of Natural Resources and Environment or ministerial agency.
4. District-level People’s Committees shall issue the environmental license to the applicants in Article 39 hereof, except for the cases specified in Clauses 1, 2 and 3 of this Article.
As regulations above, the Ministry of Natural Resources and Environment shall issue environmental license for projects located in territory of 02 provinces in Vietnam.
What documents are included in the application for issuance of environmental license in Vietnam?
Pursuant to Clause 1 Article 43 of the Law on Environmental Protection in 2020 stipulating application for issuance of environmental license in Vietnam as follows:
An application for issuance of an environmental license includes:
a) An application form;
b) A report on proposal for issuance of the environmental license;
c) Legal and technical documentation of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster.
Best regards!
