Circular 07/2025 amending Circular 02/2022 on the Law on Environmental Protection in Vietnam

Circular 07/2025 amending Circular 02/2022 on the Law on Environmental Protection in Vietnam

The Minister of Natural Resources and Environment promulgates Circular 07/2025/TT-BTNMT dated February 28, 2025, amending Circular 02/2022/TT-BTNMT on the Law on Environmental Protection:

**Regarding preliminary investigation and assessment of soil environmental quality; detailed investigation and assessment of soil pollution areas:

- Reports on preliminary investigation and assessment of soil environmental quality; detailed investigation and assessment of soil pollution areas; the structure and content of plans for treatment, rehabilitation, and restoration of soil environment are made in accordance with Form No. 02, Form No. 03, and Form No. 05 Appendix I issued together with Circular 02/2022/TT-BTNMT

(Previously stipulated: Agencies, organizations, community, households, and individuals using land in the area specified in Clause 1 Article 12 Decree 08/2022/ND-CP are responsible for preparing reports on preliminary investigation, assessment of soil environmental quality, detailed investigation, assessment of soil pollution areas, treatment, rehabilitation, and restoration of soil environment plans according to Form No. 02, Form No. 03, and Form No. 05 Appendix I issued together with Circular 02)

- Before December 25 of each year, the People's Committee at the provincial level, the Ministry of National Defense, and the Ministry of Public Security shall aggregate and send to the Ministry of Natural Resources and Environment the list of particularly serious soil pollution areas due to historical reasons or unidentified pollution sources according to Form No. 04 Appendix I issued together with Circular 02.

Circular 07/2025 amending Circular 02/2022 on the Law on Environmental Protection in Vietnam​ (Image from the internet)

**Principles of work and responsibilities of the appraisal council, inspection team for environmental licenses

1. The appraisal council is responsible for advising the licensing agency in the process of issuing or reissuing environmental permits for investment projects; responsible to the environmental licensing agency and before the law for appraisal results.

2. The environmental license inspection team is responsible for actual inspections at the investment project site, comparing with the dossier requesting issuance or reissuance of environmental permits of the investor, ensuring compliance with environmental protection laws, and responsible to the licensing agency and before the law for inspection results.

3. The appraisal council, inspection team work according to the principle of open discussion.

4. The official meeting of the appraisal council or launch of the inspection team can only proceed when the following conditions are met:

- The appraisal council must have at least 2/3 (two-thirds) of the members directly attending the meeting or participating online, including the chairman or authorized deputy chairman (hereinafter collectively referred to as the presiding officer) and the secretary member;

- The inspection team must have at least 2/3 (two-thirds) of the members physically present at the inspection, including the team leader or authorized deputy team leader, and the secretary member;

- There should be participation from the authorized or delegated representative of the investor according to the regulations.

5. Members of the absent appraisal council can submit comments before the official meeting and are considered attending opinions, though they do not provide assessment ballots.

6. Participants in the appraisal council, inspection team meetings are determined by the environmental licensing agency as needed. Participants may voice opinions in the meetings under the direction of the presiding officer and are entitled to remunerations as prescribed by law.

7. The chairman, deputy chairman of the appraisal council, team leader, deputy team leader, and secretary members must be officials of the appraisal agency, the environmental licensing authority, or authorized specialized agency.

8. The chairman of the council (or vice chairman authorized by the chairman in the case of absence), or team leader (or deputy authorized by the team leader in the case of absence) is responsible before the environmental licensing agency and the law for appraisal contents and inspection results; responsible for signing the appraisal meeting minutes, inspection minutes as prescribed.

9. Members of the appraisal council, inspection team are responsible before the environmental licensing agency and the law for comments and evaluations on the dossier requesting issuance or reissuance of environmental permits and the content and tasks assigned by the presiding officer during appraisal and inspection. Appraisal council members are entitled to remuneration as prescribed by law; inspection team members receive remuneration equivalent to appraisal council members.

10. The results of the environmental license appraisal council are stipulated as follows:

- Approved without modifications or supplements: when all members attending the official meeting of the appraisal council have assessment ballots approving without modifications or supplements;

- Not approved: when more than 1/3 (one-third) of the members attending the official meeting of the appraisal council have assessment ballots disapproving;

- Approved with conditions for modification or supplementation: not falling under the cases specified in point a and point b clause 10 Article 18 Circular 02.

11. The results of the environmental license inspection team are stipulated as follows:

- Agree to issue environmental permit: when all members of the inspection team agree to issue the environmental permit without modifications or supplements;

- Do not agree to issue environmental permit: when more than 1/3 (one-third) of the participating inspection team members disagree;

- Agree to issue environmental permit with conditions for modification or supplementation: not falling under the cases specified in point a and point b clause 11 Article 18 Circular 02.

More details can be found in Circular 07/2025/TT-BTNMT effective from the date of signing.

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