Vietnam: Provincial People’s Committees shall issue the environmental license to group II investment projects

On November 17, 2019, the National Assembly of Vietnam approved the Law on Environmental Protection 2020, replacing the Law on Environmental Protection 2014.

UBND cấp tỉnh cấp giấy phép môi trường đối với Dự án đầu tư nhóm II, Luật Bảo vệ môi trường 2020

According to Article 41 of the Law on Environmental Protection 2020 of Vietnam, the Ministry of Natural Resources and Environment shall issue the environmental license to the following applicants, except for the case that environmental license issued by the Ministry of National Defense and the Ministry of Public Security:

+ The projects in Article 39 hereof for which the EIAR appraisal result has been approved by the Ministry of Natural Resources and Environment;

+ 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.

- 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.

- 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:

+ Group II investment projects in Article 39 hereof;

+ Group III investment projects in Article 39 hereof that involve 02 districts or more;

+ 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.

- District-level People’s Committees shall issue the environmental license to the applicants in Article 39 hereof.

View more details at the Law on Environmental Protection 2020 of Vietnam, effective from January 01, 2022.

Ty Na

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