During the implementation and operation of a project, production, business and service establishments that generate waste are required to carry out environmental procedures in accordance with applicable laws. Among these, the Environmental License is an important procedure aimed at controlling waste discharge and ensuring that the project’s operations comply with environmental protection requirements. So, which cases are required to obtain an Environmental License? What documents are included in the application, what is the procedure, and which authorities are competent to issue the license? Hong Bang Law Firm will provide the necessary information on this matter in the following article.

Legal Basis

• Law on Environmental Protection 2020;
• Decree No. 05/2025/ND-CP dated January 6, 2025, amending and supplementing a number of articles of Decree No. 08/2022/ND-CP dated January 10, 2022, detailing a number of provisions of the Law on Environmental Protection;
• Decree No. 48/2026/ND-CP dated January 29, 2026, amending and supplementing a number of articles of Decree No. 08/2022/ND-CP dated January 10, 2022, as amended and supplemented by Decree No. 05/2025/ND-CP dated January 6, 2025;
• Circular No. 07/2025/TT-BTNMT dated February 28, 2025, amending and supplementing a number of articles of Circular No. 02/2022/TT-BTNMT dated January 10, 2022, detailing the implementation of a number of provisions of the Law on Environmental Protection.

SUBJECTS REQUIRED TO OBTAIN AN ENVIRONMENTAL LICENSE

Pursuant to Article 39 of the 2020 Law on Environmental Protection, the following projects are subject to environmental licensing requirements:

• Group I, Group II and Group III investment projects that generate wastewater, dust or exhaust gases discharged into the environment and requiring treatment, or generate hazardous waste that must be managed in accordance with regulations on waste management upon official operation.
• Investment projects, establishments, concentrated production, business and service zones, and industrial clusters that commenced operation before the Law on Environmental Protection took effect and have environmental criteria similar to those specified in Clause 1 of this Article.

Note: The subjects specified in Clause 1 of this Article that are classified as urgent public investment projects in accordance with the law on public investment are exempt from environmental licensing requirements.

APPLICATION DOSSIER FOR AN ENVIRONMENTAL LICENSE

1. Application for issuance of an environmental license;
2. Report proposing the issuance of an environmental license;
3. Other legal and technical documents of the investment project, establishment, concentrated production, business and service zone, or industrial cluster.

PROCEDURES FOR OBTAINING AN ENVIRONMENTAL LICENSE

Step 1: Preparation and submission of the application

The investor or establishment prepares an application for an environmental license and submits it to the competent authority. The application may be submitted directly, by post, or electronically through the online public service system.

Step 2: Receipt and examination of the application

The competent authority receives and examines the completeness and validity of the application. At the same time, the licensing authority carries out necessary activities to process the application, including making public the contents of the report proposing the issuance of the environmental license, consulting relevant agencies, organizations and individuals, and conducting an on-site inspection of information relating to the project or establishment where necessary.

Step 3: Appraisal and issuance of the Environmental License

Based on the application and the results of inspection and consultation, the competent authority organizes the appraisal of the application and issues the Environmental License in accordance with regulations.

Step 4: Consultation in special cases

For projects or establishments discharging wastewater into hydraulic works, the licensing authority must obtain written opinions and reach an agreement with the state authority managing the hydraulic works before issuing the license.

For projects or establishments located within concentrated production, business and service zones or industrial clusters, the licensing authority must obtain written opinions from the investor constructing and operating the infrastructure of the relevant zone or industrial cluster before issuing the Environmental License.

Step 5: Result delivery

The result of the administrative procedure shall be notified and delivered to the investor or establishment directly, by post, or electronically through the online public service system, according to the method requested by the investor or establishment.

COMPETENT AUTHORITIES

Ministry of Agriculture and Environment; Provincial-level People’s Committees; Ministry of National Defense/Ministry of Public Security – depending on the type, scale and location of the project.

The above is our complete article on Procedures for Obtaining an Environmental License. If you require further detailed advice or information on how to access this service, please contact Lawyer Nguyen Duc Trong directly via hotline: 0912.35.65.75, or submit a service request via email: lawyer@hongbanglawfirm.com.

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