When implementing production projects in Vietnam, environmental issues are one of the issues foreign investors need to pay special attention to. Depending on the size of the project and the degree of environmental impact, the investor must carry out procedures for environmental impact assessment or environmental protection plan. Besides the cases described in the article “Services to perform environmental impact assessment”, smaller-scale cases must carry out the registration procedure for certification of the environmental protection plan to commit to protecting the environment and avoid environmental pollution.
Therefore, Hong Bang Law would like to send you some necessary information about the procedure for registering for certification of an environmental protection plan that foreign investors should pay attention to.
Legal basis
- Law on Environmental Protection 2014
- Decree 40/2019/ND-CP amending and supplementing a number of articles of the decree detailing and guiding the implementation of the Law on Environmental Protection;
General requirements
Subjects must register for an environmental protection plan
- New investment projects, investment in scale-up or capacity increase of production, business and service establishments that are not specified in Appendix II of Decree No. 18/2015/ND-CP
- Investment plan for production, business and service; investment plans to expand the scale and increase the capacity of production, business and service establishments that are not subject to registration of environmental protection plans according to Appendix IV and not Appendix II to the Decree No. Decree 18/2015/ND-CP.
Lookup: List of projects for which environmental impact assessment reports must be made or projects and plans for production, business and services that must be registered with an environmental protection plan (Appendix II. Decree 40/2019 /ND-CP)
Time of registration and confirmation of the environmental protection plan
Owners of projects, production, business and service plans must make an environmental protection plan and send it to a competent agency for consideration and certification before implementing the project, production, business or service plan.
Responsibilities of project owners, owners of production, business and service establishments after the environmental protection plan are certified
- The organization implements environmental protection measures according to the certified environmental protection plan.
- In case of an environmental incident, the operation must be stopped, take remedial measures and immediately notify the People’s Committee of the commune or the People’s Committee of the district where the project is implemented or a specialized agency in charge of environmental protection. schools under the People’s Committees of provinces and relevant agencies.
- Cooperate and provide all relevant information to state management agencies in charge of environmental protection for inspection and inspection.
Procedures
Step 1: The project owner, the owner of the production, business or service establishment shall submit an application for registration of the environmental protection plan to the district-level People’s Committee.
Step 2: After receiving the environmental protection plan registration dossier. District-level People’s Committees certify registration of environmental protection plans. In case of unconfirmed, there must be a written notice clearly stating the reason.
Profile composition
- 01 written request for registration of the environmental protection plan of the project or facility.
- 03 copies of the environmental protection plan (attached to the electronic version) of the project and facility. Information for planning environmental protection, including:
- Brief description of the project, project owner information, scale, capacity, technology, geographical location;…
- Raw materials, fuel used, and products of the project;
- Project work items: main works, auxiliary works, waste treatment works, environmental protection; environmental status of the project area;…
- Forecasting the impacts of waste generation sources and proposing measures to protect the environment
- 01 feasibility study report on construction investment or economic-technical report on investment in the construction of projects and facilities (attached to the electronic version)
Services provided by Hong Bang Law
Hong Bang Law is a company with 10 years of experience in consulting in the field of foreign investment. We have supported many foreign investors to accompany them during the implementation of investment projects in Vietnam.
Hong Bang Law will accompany customers in the whole process of carrying out procedures of the registration of environmental protection plan with consulting and supporting services such as:
- Advising customers on conditions, documents and procedures for carrying out environmental protection plan registration;
- In-depth analysis of the project, draft environmental protection plan;
- The authorized representative of the client to carry out the procedures at the competent state agencies;
- Monitor the processing of dossiers by competent state agencies, explain to state agencies on issues related to dossiers;
- Guide enterprises to carry out legal procedures arising after carrying out environmental protection plan registration.
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!
