Decree 08/2022/ND-CP guiding the issuance of environmental permits

The Government promulgates Decree 08/2022/ND-CP detailing a number of articles of the Law on Environmental Protection.

Decree 08/2022/ND-CP guiding the issuance of environmental permits

Decree 08/2022/ND-CP guiding the issuance of environmental permits (Illustration image)

Accordingly, dossiers and procedures for granting environmental permits for investment projects, establishments, concentrated production, business and service zones, and industrial clusters must comply with the provisions of Article 43 of the Law on Environmental Protection. school .

In which, Decree 08/2022/ND-CP guides a number of transitional regulations related to dossiers of environmental permits submitted before January 10, 2022 as follows:

- Dossiers of application for grant, extension and adjustment of permits to discharge wastewater into water sources that were received before January 10, 2022, will continue to be processed according to the provisions of  Decree 201/2013/ND-CP  guide the  Law on Water Resources , except for organizations and individuals applying for environmental permits as prescribed in  Decree 08/2022/ND-CP .

In case an organization or individual applies for an environmental permit under the provisions of  Decree 08/2022/ND-CP , the agency competent to grant environmental permits is responsible for inheriting the results made in the process. submit to review dossiers of application for grant, extension and adjustment of permits for wastewater discharge into water sources by competent agencies for assessment and grant of environmental permits according to the provisions of  Decree 08/2022/ND-CP . Organizations and individuals are entitled to a refund or a deduction of the fee for appraisal of the project on discharge of wastewater into water sources already paid into the fee for environmental assessment and grant of an environmental permit, which must be paid in accordance with law.

- Dossiers of application for grant, extension and adjustment of permits to discharge wastewater into irrigation works received before January 10, 2021, shall continue to be processed according to the provisions of  Decree 67/2018/NĐ-CP. -CP  guides the  Law on Irrigation , except for cases where organizations and individuals apply for environmental permits as prescribed in  Decree 08/2022/ND-CP .

In case an organization or individual applies for an environmental permit under the provisions of  Decree 08/2022/ND-CP , the agency competent to issue environmental permits shall be responsible for inheriting the results made during the process. submit to review dossiers of application for grant, extension and adjustment of permits for discharge of wastewater into irrigation works by competent agencies for assessment and issuance of environmental permits according to the provisions of  Decree 08/2022/ND -CPs , organizations and individuals will be refunded or deducted the amount of charge for appraisal of the project on discharge of wastewater into irrigation works already paid in the fee for environmental assessment and issuance of environmental permits payable in accordance with the law. .

- Dossier of application for issuance or re-issuance of certification of completion of environmental protection works, certificate of satisfaction of environmental protection conditions in import of scrap as raw production materials; Granting, re-granting and adjusting hazardous waste treatment permits that were received before January 10, 2022, the following transitional provisions shall be implemented:

+ In case an organization or individual applies for an environmental permit according to the provisions of  Decree 08/2022/ND-CP , the agency competent to receive the dossier is responsible for inheriting the results made in the process. process of inspecting and evaluating the performance of environmental protection works, meeting the conditions on environmental protection in importing scrap as raw production materials, meeting the requirements on environmental protection in waste treatment dangerous to appraise and issue a license to each chief according to the provisions of  Decree 08/2022/ND-CP .

Organizations and individuals are entitled to refund or have their paid fees deducted from the environmental assessment and licensing fees payable in accordance with law;

+ In case organizations or individuals do not request to comply with the provisions of  Decree 08/2022/ND-CP , the agency competent to receive the application shall continue to examine, issue and re-issue the certification. receipt of completion of environmental protection works, certificate of eligibility for environmental protection in import of scrap as raw production materials, grant, re-issue, and adjustment of hazardous waste treatment permits in accordance with regulations of law. law at the time of receipt.

- Dossiers of application for grant, extension or modification of certificates of eligibility for environmental monitoring services received before January 10, 2022, shall continue to be processed in accordance with  Decree 127. /2014/ND-CP  dated December 31, 2014 stipulates the conditions for organizations operating in environmental monitoring services.

Decree 08/2022/ND-CP  takes effect from January 10, 2022.

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