Environmental permits are a highly uniform and legal management tool for monitoring, inspecting, and inspecting environmental protection activities for projects in the implementation phase (construction, test operation, commercial operation), as well as production facilities, businesses, and services that are in operation. In order to clarify this environmental licensing procedure, Hong Bang Law Firm would like to send to clients the following advice:

Legal basis

Law on environmental protection 2020 takes effect from January 1, 2022.

Dossier

 An application for issuance of an environmental license includes:

• An application form;
• A report on proposal for issuance of the environmental license;
• Legal and technical documentation of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster.

Procedure

Submit dossier

The investor and establishment shall send the application for environmental license to the competent authority. Applications are sent directly or by post or electronically through the online public service system;

Processing dossiers and returning results

• The competent authority granting environmental permits shall organize the reception and examination of the completeness and validity of the dossier; publicize the contents of the report proposing the issuance of environmental licenses, except for information belonging to state secrets and secrets of enterprises as prescribed by law; consult with relevant agencies, organizations and individuals; fact-checking information on investment projects, establishments, production, business zones, centralized services, industrial clusters; organize the appraisal and issuance of environmental permits.
• The process of receiving, resolving administrative procedures and announcing results shall be carried out directly, by post or electronically through the online public service system at the request of the investor project owner and establishment;

• • In case investment projects, establishments, production, business zones, concentrated services, industrial clusters have discharge of wastewater into irrigation works, the environmental licensing agency must obtain written opinions and reach the consent of the state agency managing such irrigation works before granting environmental permits;
  • In case the investment project or establishment is located in the production, business, concentrated service zone, industrial cluster, environmental licensing agency must obtain written opinions of the investor in construction and trading of infrastructure of concentrated production, business and service zones, the industrial cluster before granting environmental permits.

Competent authority

• The Ministry of Natural Resources and Environment shall grant environmental permits to the following subjects, except for the cases specified in Part IV.2:

• • Subjects subject to regulations approved by the Ministry of Natural Resources and Environment for appraisal of environmental impact assessment reports;
  • Subjects prescribed in the area of 02 or more provincial-level administrative units or located in waters where administrative management responsibilities of provincial-level People’s Committees have not been determined; establishments that import scrap from abroad as production raw materials, establishments performing hazardous waste treatment services.
• The Ministry of National Defense and the Ministry of Public Security shall grant environmental permits for investment projects and establishments under state secrets on national defense and security.
• Provincial-level People’s Committees shall grant environmental permits to the following subjects, except for cases specified in Sections IV.1 and IV.2

• • Group II investment projects must have an environmental license;
  • Group III investment projects must have environmental permits located in areas of 02 or more district-level administrative units;

• • Private projects, establishments, production, business zones, concentrated services, industrial clusters operating before January 1, 2022 have environmental criteria that have been approved by provincial-level People’s Committees or ministries and ministerial-level agencies for appraisal of environmental impact assessment reports.
• District-level People’s Committees shall grant environmental permits to other subjects (except in the above cases)

Implementation time

The time limit for granting environmental permits is calculated from the date of receipt of a full valid dossier and is prescribed as follows:

• No more than 45 days for environmental permits under the authority of the Ministry of Natural Resources and Environment, the Ministry of National Defense and the Ministry of Public Security;
• No more than 30 days for environmental permits under the authority of the provincial-level People’s Committees and district-level People’s Committees;
• The competent authority granting environmental permits may stipulate a shorter duration of environmental permit issuance than the prescribed time limit in accordance with the type, scale and nature of investment projects, establishments, production, business, concentrated services, industrial clusters.

Services of Hong Bang Law Firm

• Advise clients to prepare dossiers;
• Support clients to notarized and certify documents of foreign countries (if any);
• Draft, prepare and check the validity of the dossier;
• Represent clients to carry out procedures with competent authority;
• Hand over the results to the clients.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!