Procedures for issuance of environmental license in Vietnam

Procedures for issuance of environmental license in Vietnam (Internet image)

1. Obliged applicants for environmental license in Vietnam

Pursuant to Article 39 of the Law on Environmental Protection 2020 stipulates that subjects must have an environmental permit as follows:

- 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 the effective date of this Law and applying environmental criteria as the projects mentioned in Clause 1 of Article 39 of the Law on Environmental Protection 2020.

- If the projects mentioned in Clause 1 of Article 39 of the Law on Environmental Protection 2020 are urgent public investment projects as prescribed by the Law on Public Investment, they are exempt from the environmental license.

2. Procedures for issuance of environmental license in Vietnam 

In Clause 4, Article 43 of the Law on Environmental Protection 2020, the dossiers, order and procedures for granting environmental permits are as follows:

2.1. Application for issuance of an environmental license in Vietnam

(1) An application form;

(2) A report on proposal for issuance of the environmental license;

(3) Legal and technical documentation of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster.

2.2. Procedures for issuance of the environmental license in Vietnam

Procedures for issuance of the environmental license are as follows:

Step 1:

 An investment project/business owner shall send an application for issuance of the environmental license to the competent authority specified in Article 41 of the Law on Environmental Protection 2020. The application may be submitted in person or by post or through the online public service system;

Step 2:

The licensing authority shall receive the application and inspect its adequacy and validity;

Make publicly available contents of the report on proposal for issuance of the environmental license, except for information classified as state secrets or enterprise's secrets as prescribed by law;

Consult relevant organizations and individuals; carry out a site inspection of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster; carry out appraisal and issue the environmental license.

The sequence of receiving and handling administrative procedures shall be followed in person, by post or through the online public service system at the request of the investment project/business owner;

Step 3:

- If the investment project, business, dedicated area for production, business operation and service provision or industrial cluster discharges wastewater into a hydraulic structure, the licensing authority shall collect written comments and reach an agreement with the regulatory body managing such hydraulic structure before issuing the environmental license;

- If the investment project or business is located within a dedicated area for production, business operation and service provision or industrial cluster, the licensing authority shall collect written comments of the investor in construction and commercial operation of such dedicated area for production, business operation and service provision or industrial cluster before issuing the environmental license;

- The licensing shall be based on appraisal of the report on proposal for issuance of the environmental license.

The licensing authority shall establish an appraisal council and inspectorate in accordance with the Government's regulations.

Regarding the investment project, business, dedicated area for production, business operation and service provision or industrial cluster that discharges wastewater into a hydraulic structure, the appraisal council and inspectorate shall include a representative from the regulatory body managing such hydraulic structure.

The regulatory body managing the hydraulic structure shall appoint a member to join the appraisal council and inspectorate and comment on the licensing within the time limit for comment collection;

If such time limit expires and a written response fails to be given, it is considered that such body agrees to the licensing.

2.3. Time limit for licensing

The time limit for licensing begins on the date of receiving a satisfactory application and is as follow:

- Not exceeding 45 days if the environmental license is issued by the Ministry of Natural Resources and Environment, Ministry of National Defense and Ministry of Public Security of Vietnam;

- Not exceeding 30 days if the environmental license is issued by a provincial or district-level People’s Committee;

- The licensing authority may impose a shorter time limit than that specified in Points a and b of this Clause according to the type, scale and nature of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster.

In addition, If an investment project, business, dedicated area for production, business operation and service provision required to obtain the environmental license performs radiation works, it shall, in addition to complying with regulations of the Law on Environmental Protection 2020, comply with regulations of law on atomic energy.

Ngoc Nhi

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