Environmental Permits Under the 2020 Environmental Protection Law in Vietnam
An Environmental Permit (Environmental Permit) is a new concept under the 2020 Environmental Protection Law. Essentially, the Environmental Permit consolidates most of the previous environmental permits or permits under environmental laws into a single document, enabling relevant authorities and businesses to monitor and document all environmental aspects of an investment project.
Projects must apply for an Environmental Permit
Except for certain urgent public investment projects, all investment projects that pose a risk of adverse environmental impact and generate wastewater, dust, and air emissions or hazardous waste that must be treated or managed must obtain an Environmental Permit (Environmental Permit).
Timeframe:
Regulated projects that have not yet entered commercial operation as of January 1, 2022, and have an approved Environmental Impact Assessment Report must apply for an Environmental Permit before putting the environmental protection facilities of the regulated project into operation.
Projects specified herein that have not yet entered commercial operation as of January 1, 2022, and do not have an approved Environmental Impact Assessment Report must obtain an Environmental Permit prior to receiving an exploitation license (for extraction projects), approval of the mine development plan (for oil and gas exploration projects), approval of the feasibility study report (for PPP or construction projects), or an investment decision for other projects.
Content of the Environmental Permit
The Environmental Permit will contain the following information:
· General information about the adjusted project, including location, business sector/authorized business sector, scope, and capacity of the adjusted project.
· Licensed activities, including (if applicable): (1) wastewater discharge; (2) air emissions; (3) noise and vibration; (4) hazardous waste treatment; and/or (5) permitted imported scrap materials.
· Environmental protection requirements include requirements regarding: (1) environmental protection facilities; (2) plans for management, monitoring, tracking, and response to environmental incidents, along with corresponding environmental equipment and facilities; (3) waste management; and (4) other requirements (if any).
· Validity period: 7 to 10 years depending on the project type.
Component environmental permits
The following environmental approvals and permits issued under the 2014 Environmental Protection Law are now considered “Component Environmental Permits” (Component Environmental Permits) under the 2020 Environmental Protection Law:
· Certificate of Completion of Environmental Protection Work (Certificate of Completion of Environmental Protection Projects);
· Certificate of Compliance with Environmental Standards (Certificate of Compliance with Environmental Standards);
· Certificate of Compliance with Environmental Protection Requirements for the Import of Scrap Materials from Abroad as Production Raw Materials (Certificate of Compliance with Environmental Protection Requirements for the Import of Scrap Materials from Abroad as Production Raw Materials);
· Hazardous Waste Treatment Permit (Hazardous Waste Treatment Permit);
· Permit to Discharge Wastewater into Water Sources (Permit to Discharge Wastewater into Water Sources); And
· Permit for Discharge of Wastewater into Irrigation Structures (Permit for Discharge of Wastewater into Irrigation Structures).
Under the 2020 Environmental Protection Law, the Component Environmental Permit will remain valid until the earlier of the following dates: (1) the expiration date of the Component Environmental Permit, or (2) January 1, 2027.
Projects regulated prior to January 1, 2022
Managed Projects that commenced commercial operations before January 1, 2022, and previously held one or more Component Environmental Permits under the 2014 Environmental Protection Act will not be required to apply for an Environmental Permit until the expiration of any Component Environmental Permit or until January 1, 2027, whichever comes first.
Regulated Projects that commenced commercial operation before January 1, 2022, and do not hold any Component Environmental Permits under the Environmental Protection Act 2014 must apply for an Environmental Permit by January 1, 2025.
