Regulation on the duration of inspection for compliance with environmental protection laws in Vietnam from January 06, 2025

Regulation on the duration of inspection for compliance with environmental protection laws in Vietnam from January 06, 2025​ (Image from the internet)

On January 6, 2025, the Government of Vietnam issued Decree 05/2025/ND-CP, amending Decree 08/2022/ND-CP which guides the Law on Environmental Protection.

Regulation on the duration of inspection for compliance with environmental protection laws in Vietnam from January 06, 2025

According to Point dd  Clause 5 Article 163 of Decree 08/2022/ND-CP (amended by Clause 54 Article 1 of Decree 05/2025/ND-CP):

- The duration of an inspection for an organization, household, or individual shall not exceed 07 days from the start of the inspection at the inspection location.

In case of complex situations or wide scope, an extension may be granted once, not exceeding 07 days. The inspection duration does not include the time required for analysis, assessment, or environmental sample testing (if any).

- The duration of an inspection for multiple organizations, households, or individuals shall not exceed 30 days from the start of the inspection at the inspection location.

In case of complex situations or wide scope, an extension may be granted once, not exceeding 15 days. The inspection duration does not include the time required for analysis, assessment, or environmental sample testing (if any).

The form for establishing the inspection team and extending the inspection period is regulated by the Ministry of Natural Resources and Environment;

Note: The inspection decision must be sent to the inspected subjects no later than 05 days from the date of issuance, except for unannounced inspections as prescribed at Point a Clause 3 Article 160 of the Law on Environmental Protection and other related laws. The inspection team must conduct the inspection no later than 10 days from the date of the inspection decision.

(According to Point e Clause 5 Article 163 of Decree 08/2022/ND-CP amended by Clause 54 Article 1 of Decree 05/2025/ND-CP))

Subjects consulted in environmental impact assessment in Vietnam from January 6, 2025

- Communities and individuals directly affected by the investment project, including: The community of individuals residing according to the law on residence at villages, hamlets, villages, neighborhoods, or similar population points at the investment project site; business owners, business households conducting activities on land, waters, land with waters, marine areas where the investment project is deployed.

Consultation with affected communities and individuals is conducted through meetings to gather opinions or collecting written opinions. The project owner is responsible for cooperating with the People's Committee of the commune to send invitations to all directly affected communities and individuals to attend the consultation meeting.

In case communities and individuals do not attend the consultation meeting, opinions must be collected in writing through survey forms as stipulated at Point c Clause 3 Article 26 of Decree 08/2022/ND-CP (amended by Decree 05/2025/ND-CP).

The number of attendees and those consulted via survey forms must ensure two-thirds or more of the total directly affected individuals.

Individuals within the same household may be consulted through the household representative; if an individual receives a survey form but does not participate in giving opinions within 05 days from receipt, they shall be considered as consulted;

- Agencies and organizations directly related to the investment project, including: People's Committee of the commune, Vietnam Fatherland Front Committee of the commune where the project is conducted and directly affected; the management board of economic zones, industrial parks, export processing zones, high-tech parks of provinces and centrally-affiliated cities, investors in infrastructure production zones, business, service concentration zones, and industrial complexes where the project is within management boundaries; state management agencies of irrigation works for projects discharging wastewater into such works or occupying such works; agencies and organizations assigned by the state to manage environmentally sensitive areas defined in Points b, c, d, and dd Clause 4 Article 25 of Decree 08/2022/ND-CP (if applicable); Ministry of National Defense, Ministry of Public Security or the provincial military command, provincial police for projects related to security-defense factors (if applicable); other direct agencies or organizations determined through the environmental impact assessment process.

Consultation with related agencies and organizations is conducted through written consultation.

Regarding consultation content: The content of consultation during the environmental impact assessment process follows the sample prescribed in Appendix VIa attached to Decree 08/2022/ND-CP.

Other consultation contents as prescribed in Point dd Clause 3 Article 33 of the Law on Environmental Protection include: Environmental restoration and improvement plan for mineral exploitation projects or waste burial; biodiversity offset plan for projects requiring biodiversity offset as stipulated by law.

(Clauses 1, 2 Article 26 of Decree 08/2022/ND-CP, amended by Decree 05/2025/ND-CP)

Refer to more details in Decree 05/2025/ND-CP, effective from January 6, 2025.

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