What is environmental registration? Subjects of environmental registration in Vietnam

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

1. What is environmental registration?

According to Clause 9, Article 3 of the Law on Environmental Protection 2020, environmental registration means a business investment project owner or business owner registering with a regulatory body waste discharge-related contents and environmental protection measures of such business investment project owner or business owner (hereinafter referred to as “the investment project/business”).

What is environmental registration? Subjects of environmental registration in Vietnam (Internet image)

2. Subjects of environmental registration in Vietnam

Clause 1, Article 49 of the Law on Environmental Protection 2020, obliged registrants:

- Waste-generating investment projects not required to obtain an environmental license;

- Waste-generating businesses operating before the effective date of the Law on Environmental Protection 2020 not required to obtain an environmental license.

* The registrants specified above 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.

Note:

Communal People’s Committees shall receive environmental registration forms of the registrants specified in Clause 1 of this Article 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.

3. Contents of environmental registration in Vietnam

Pursuant to Clause 4, Article 49 of the Law on Environmental Protection 2020, environmental registration shall cover:

- General information about the investment project/business;

- Type of production, business and service; technologies, capacity, products; raw materials, fuels and chemicals used (if any);

- Type and quantity of waste generated;

- A scheme to collect, manage and treat waste as prescribed;

- Commitments to environmental protection.

During the operation, if the investment project or business changes any registered content, the investment project/business owner shall carry out environmental registration again before making a change.

If the scale or nature of the investment project or business that is subject to EIA or required to obtain an environmental license, the investment project/business owner shall comply with regulations on EIA and environmental licenses in accordance with the Law on Environmental Protection 2020.

4. Time of environmental registration in Vietnam

According to Clause 6, Article 49 of the Law on Environmental Protection 2020, the time for environmental registration is as follows:

- The investment projects that are specified in Point a Clause 1 of Article 49 of the Law on Environmental Protection 2020 and subject to EIA and environmental registration before being put into official operation;

- The investment projects that are specified in Point a Clause 1 of Article 49 of the Law on Environmental Protection 2020 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;

- The businesses that are specified in Point b Clause 1 of Article 49 of the Law on Environmental Protection 2020 and subject to environmental registration within 24 months from the effective date of this Law.

* Communal People’s Committees shall:

- receive environmental registration forms;

- carry out inspections and impose penalties for violations against the law on environmental protection committed by entities carrying out environmental registration;

- provide guidance and handle propositions about environmental protection regarding the contents registered by the entities carrying out environmental registration;

- update data on environmental protection to the national environmental information system and database.

Nguyen Nhu Mai

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