Vietnam: What entities are exempt from environmental registration from January 01, 2022?

According to Article 49 of the Law on Environmental Protection 2020 of Vietnam, obligated registrants include: Waste-generating investment projects not required to obtain an environmental license; Waste-generating businesses operating before January 01, 2022 not required to obtain an environmental license.

Concurrently, waste-generating investment projects not required to obtain an environmental license and waste-generating businesses operating before January 01, 2022 not required to obtain an environmental license shall be exempt from environmental registration, including:

- Investment projects and businesses classified as state secrets in the field of national defense and security;

- Investment projects when put into operation and businesses that do not generate waste or only generate a small quantity of waste which is treated using in situ waste treatment works or managed in accordance with regulations of the local government;

- Other registrants.

Communal People’s Committees shall receive environmental registration forms of the waste-generating investment projects not required to obtain an environmental license and waste-generating businesses operating before January 01, 2022 not required to obtain an environmental license in person, by post or through the online public service system. For an investment project or business that involves at least 02 communes, the investment project/business owner is entitled to select the People’s Committee of any commune to carry out environmental registration.

Besides, the time for environmental registration is as follows:

- Waste-generating investment projects not required to obtain an environmental license and subject to environmental impact assessment (EIA) and environmental registration before being put into official operation;

- Waste-generating investment projects not required to obtain an environmental license but not subject to EIA and environmental registration before the competent authority issue the construction permit if a construction permit is required in accordance with regulations of law on construction or before waste is discharged into the environment if a construction permit is not required in accordance with regulations of law on construction;

- Waste-generating businesses operating before January 01, 2022 not required to obtain an environmental license and subject to environmental registration within 24 months from the effective date of this Law.

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

Ty Na

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