Subjects required to have environmental licenses in Vietnam under the new Draft

Subjects required to have environmental licenses in Vietnam under the new Draft (Illustrative image)

According to Article 46 of the Draft Law on Environmental Protection (Amended), the following subjects are required to have environmental licenses in Vietnam:

1. Entities required to have an environmental license

a) Investment projects specified in Clause 2, Article 38 of this Law;

b) Group B and Group C investment projects with construction components classified according to the criteria stipulated by law on public investment that generate wastewater, dust, or exhaust gas to be treated to meet environmental technical standards or generate hazardous waste to be managed according to the provisions of this Law;

c) Investment projects yet to commence operations, which have had their environmental impact assessment reports appraised by competent authorities before the effective date of this Law, and generate wastewater, dust, or exhaust gas to be treated to meet environmental technical standards or require hazardous waste management as per regulations;

d) Existing concentrated manufacturing, business, and service areas or industrial clusters operating before the effective date of this Law that generate wastewater, dust, or exhaust gas to be treated to meet environmental technical standards or require hazardous waste management as per regulations.

Thus, the entities required to have an environmental license in Vietnam are projects and facilities that generate a large volume of emissions and pose a risk of environmental pollution during operation. Other entities are only required to register with the environment or are exempted from the environmental license requirement.

More details can be found in Draft Law on Environmental Protection (Amended 2020)

Ngoc Tai

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