Which entities are obliged for environmental license from January 01, 2022 in Vietnam?

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

giấy phép môi trường, Luật Bảo vệ môi trường 2020

According to Article 39 of the Law on Environmental Protection 2020 of Vietnam, obliged applicants for environmental license include:

- Group I, II and III projects that generate wastewater, dusts and exhaust gases that must be treated into the environment or generate hazardous waste that must be managed in accordance with regulations on waste management before officially being put into operation.

- Investment projects, dedicated areas for production, business operation and service provision and industrial clusters operating before January 01, 2022 and applying environmental criteria as group I, II and III projects that generate wastewater, dusts and exhaust gases that must be treated into the environment or generate hazardous waste that must be managed in accordance with regulations on waste management before officially being put into operation.

- If group I, II and III projects that generate wastewater, dusts and exhaust gases that must be treated into the environment or generate hazardous waste that must be managed in accordance with regulations on waste management before officially being put into operation are urgent public investment projects as prescribed by the Law on Public Investment, they are exempt from the environmental license.

Besides, according to this Law, contents of an environmental license include general information about the investment project, business, dedicated area for production, business operation and service provision or industrial cluster; items to be licensed; environmental protection requirements; validity period; other contents (if any). Items to be licensed include:

- Source of wastewater; maximum wastewater flow rate; wastewater flow; pollutants and permissible limits of pollutants in the wastewater flow; location and method of wastewater discharge and wastewater receiving bodies;

- Source of emissions; maximum exhaust gas flow rate; wastewater flow; pollutants and permissible limits of pollutants in the emissions flow; location and method of exhaust gas discharge;

- Source and permissible limits of noise and vibration;

- Works and system for hazardous waste treatment; hazardous waste code and quantity of waste permitted for treatment, quantity of hazardous waste transfer stations, operating area with regard to the investment project, hazardous waste treatment service providers;

- Type and quantity of scrap permitted for import with regard to the investment project, establishments importing scrap from foreign countries as production materials.

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

Ty Na

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