Time for issuance of the environmental license in Vietnam

Time for issuance of the environmental license in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Time for issuance of the environmental license

According to Clause 2, Article 42 of the Law on Environmental Protection 2020, the time for issuance of the environmental license is as follows:

- An investment project subject to EIA must obtain the environmental license before trial operation of the waste treatment work, except for the case in Point c of Clause 2, Article 42 of the Law on Environmental Protection 2020;

- An investment project not subject to EIA must obtain the environmental license before the competent authority promulgates the document specified in Points a, b, c, d and g Clause 1 Article 36 of the Law on Environmental Protection 2020.

If a construction project is not subject to feasibility study report appraisal by the specialized construction authority in accordance with regulations of law on construction, it must obtain the environmental license before the competent authority issues or adjusts the construction permit;

- If the waste treatment work of the investment project in Clause 2 Article 39 of the Law on Environmental Protection 2020 is currently under trial operation as prescribed by law before the effective date of this Law, the project owner is entitled to continue the trial operation to obtain the environmental license after the trial operation is done or prepare an application for the environmental license before the trial operation is done.

The project owner is not required to carry out the trial operation again, however, the result of trial operation must be reported and evaluated as prescribed in Article 46 of the Law on Environmental Protection 2020;

- The business, dedicated area for production, business operation and service provision or industrial cluster in Clause 2 Article 30 of the Law on Environmental Protection 2020 that has been put into official operation before 01/01/2020 must obtain the environmental license within 36 months from 01/01/2020,

Except for the case where the competent authority has issued the certificate of completion of environmental protection work, certificate of conformity with environmental standard, certificate of eligibility for environment protection in import of scrap from foreign countries as production materials, license for hazardous waste treatment, license to discharge wastewater into water sources, license to discharge wastewater into hydraulic structure (hereinafter collectively referred to as the “component environmental license”).

The component environmental license may be used as the environmental license until its expiry or within 05 years from 01/01/2020 if it is an indefinite-term component environmental license.

2. Bases for issuance of the environmental license

According to Clause 1, Article 42 of the Law on Environmental Protection 2020, bases for issuance of the environmental license include:

- The application for issuance of environmental license specified in Clause 1 Article 43 of the Law on Environmental Protection 2020;

- The EIAR of which result of appraisal has been approved by the competent authority (if any);

- National environmental protection planning, provincial planning, regulations on environmental zoning and environment’s carrying capacity under the competent authority’s decision, except for the case specified in Point e of Clause 1, Article 42 of the Law on Environmental Protection 2020;

- Technical regulation on environment;

- Regulations of law on environmental protection, water resources and other relevant regulations of law;

- At the time of issuing the environmental license, if the national environmental protection planning, provincial planning or regulation on environmental zoning or environment’s carrying capacity has not yet been promulgated by the competent authority, the environmental license shall be issued according to Points a, b, d and dd of Clause 1, Article 42 of the Law on Environmental Protection 2020.

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