Previously, with each investment project, enterprises had to do a lot of formalities, from environmental impact assessment report (EIAR), to many types of licenses: certificate of completion of environmental protection works, paper permits to discharge wastewater into water sources, permits to discharge wastewater into irrigation works, permits to treat hazardous wastes, permits to discharge industrial emissions… However, with the current 2020 Law on Environmental Protection, enterprises only need one environmental protection license to replace the series of licenses mentioned above. Within the scope of the article below, Apra Law shall analyze the current regulations on environmental license.
What is an environmental license?
According to Article 3.8 of the 2020 Law on Environmental Protection, “Environmental license” means a document issued by a competent authority to an organization or individual involved in business activities, permitting such organization or individual to discharge waste into the environment and manage waste and scrap imported from foreign countries as production materials in accordance with environmental protection requirements as prescribed by law.
Under this definition, it can be understood that an environmental license is a document issued to organizations and individuals that carry out production, business and service activities, and all sets the most environmental protection requirements to force business entities to perform in their business process, thereby achieving the purpose of environmental protection.
Environmental permits are used as a legal tool for the State to control requirements for environmental protection in the process of production and business by organizations and individuals. The role of controlling environmental protection requirements is reflected in pollution control and environmental degradation control.
Obliged applicants for environmental license
Group I, II and III projects that generate wastewater, dusts and exhaust gases that must be treated into the environment or generate hazardous waste that must be managed in accordance with regulations on waste management before officially being put into operation. Group I investment projects are those that pose a high risk of adverse environmental impacts. Group II investment projects are those that pose a risk of adverse environmental impacts. Group III is a project that has little risk of adverse impacts on the environment but generates waste water, dust, and emissions into the environment… These project groups, when officially put into operation, are required to have an environmental license.
However, if the projects mentioned above are urgent public investment projects as prescribed by the Law on Public Investment, they shall be exempt from the environmental license.
Competent authority to issue environmental license
Firstly, The Ministry of Natural Resources and Environment shall issue the environmental license to the following applicants, except for within the remint of the Ministry of National Defense and Ministry of Public Security:
– The projects in Article 39 for which the EIAR appraisal result has been approved by the Ministry of Natural Resources and Environment;
– The projects specified in Article 39 that involve 02 provinces or more or are located within territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned; establishments importing scrap from foreign countries as production materials, hazardous waste treatment service providers.
Secondly, the Ministry of National Defense and Ministry of Public Security shall issue the environmental license to investment projects and establishments classified as state secrets in the field of national defense and security.
Thirdly, Provincial People’s Committees shall issue the environmental license to group II investment projects; group III investment projects in Article 39 hereof that involve 02 districts or more; the investment projects in Clause 2 Article 39 for which the EIAR appraisal result has been approved by the provincial People’s Committee or Ministry of Natural Resources and Environment or ministerial agency.
Fifthly, district-level People’s Committees to the other applicants.
Application for issuance of an environmental license
- The application form for issuance of environmental license of the investment project owner or business owner shall be made using the form specified in the Appendix XIII of Decree No.08/2022/ND-CP;
- A report on proposal for issuance of the environmental license provided in the Appendix VIII, IX, X, XI and XII of Decree No.08/2022/ND-CP;
- Legal and technical documentation of the investment project, business, dedicated area for production, business operation and service provision or industrial cluster:
– For an investment project not subject to EIAR: A copy of the feasibility study report or document equivalent to the investment project’s feasibility study report in accordance with regulations of law on investment, public investment, PPP investment and construction;
– For other investment project or business: The project or business owner is not required to submit legal and technical documentation together with the application for issuance of environmental license.
Time of submission of the application for issuance of environmental license
Firstly, the owner of the investment project not subject to EIA shall submit an application for issuance of environmental license after completing the waste treatment work for the entire project or for each investment phase of the project (if the project is divided into investment phases) or for the independent waste treatment work item of the project
Secondly, the owner of the investment project not subject to EIA shall decide the time of submission themself after having a sufficient application.
Thirdly, The investment project owner specified in clause 2 Article 39 of the 2020 that is conducting trial operation of the waste treatment work as prescribed by law before the effective date of the Law on Environmental Protection (2021, January 1st) shall decide the time of submission of application for issuance of environmental license themself to ensure that an environmental license has to be obtained after the trial operation but at least 45 days if the environmental license is issued by a ministerial agency and 30 days if the environmental license is issued by the provincial People’s Committee or district-level People’s Committee before the date on which the environmental license has to be obtained.
Fourthly, owner of a business, dedicated area for production, business operation and service provision or industrial cluster shall decide the time of submission of the application for issuance of environmental license themself to ensure that an environmental license has to be obtained as prescribed by the Law on Environmental Protection but at least 45 days if the environmental license is issued by a ministerial agency and 30 days if the environmental license is issued by the provincial People’s Committee or district-level People’s Committee before the date on which the environmental license has to be obtained.
Above is the article about “Environmental license under current regulations” of Apra Law Firm. If you still have questions about the above issues and need to be answered, please contact the hotline for advice and support.
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