Environmental permit

Overview of Environmental Permits

What is an Environmental Permit?

An Environmental Permit (EP) is a legal document issued by state management agencies to certify and license project owners, production facilities, or service businesses to operate all or part of a project under specific environmental protection requirements and conditions, provided that the project owner or business meets the statutory conditions.

Permits are granted to projects under the following conditions:

• Discharging waste into the environment,
• Waste management,
• Importing scrap from abroad as raw materials for production.

Entities that Require an Environmental Permit

According to Section 4, Article 39 of the Environmental Protection Law 2020, the following entities are required to apply for an Environmental Permit:

• Investment projects in Group I, Group II, and Group III that generate wastewater, dust, or emissions discharged into the environment, which must be treated or produce hazardous waste, must be managed according to regulations when entering the operational phase.
• Investment projects in production, business facilities, production zones, or service centers, and industrial clusters with environmental criteria, as specified in Clause 1, must obtain an EP.
• Emergency public investment projects, as specified by public investment laws, are exempt from needing an EP.

Types of Documents Integrated into the Environmental Permit

• Certification of completion of environmental protection works,
• Wastewater discharge permit,
• Emission discharge permit,
• Certification of environmental protection conditions for importing scrap,
• Hazardous waste treatment permit,
• Hazardous waste generator registration,
• Environmental protection plan confirmation.

Validity Period under the New Law

The Environmental Protection Law 2020, governing the issuance of Environmental Permits, became effective on January 1, 2022.

Duration of the Environmental Permit

• 07 years for investment projects in Group I;
• 07 years for production, business facilities, service centers, and industrial clusters operational before the Environmental Protection Law 2014 took effect and have environmental criteria;
• 10 years for entities not covered by the above two points;
• The duration of the EP may be shorter than the periods specified above, upon request from the project owner, facility, or the infrastructure investor of a service and industrial zone.

Content of the Environmental Permit

• Sources of wastewater, maximum discharge flow, pollutants, pollutant limit values in wastewater, discharge location, discharge method, and receiving bodies.
• Sources of emissions: discharge flow, pollutants, pollutant limit values, emission location, and method.
• Noise and vibration sources and their limit values.
• Hazardous waste treatment facilities, hazardous waste codes, allowable treatment volume, the number of hazardous waste transfer stations, and areas of operation for hazardous waste treatment projects.
• Types and volumes of scrap allowed for import for facilities using scrap as raw materials for production.

Regulations on the Environmental Permit

Basis for the Operation of the Environmental Permit

• Carrying out inspections and monitoring by competent state agencies of the environmental protection activities of projects, facilities, production zones, service centers, and industrial clusters.
• Ensuring the project owner’s responsibility for environmental protection.

Documents, Process, and Procedures for Issuing the Environmental Permit

Documents Required for Environmental Permit Issuance

• Application for an Environmental Permit;
• Proposal report for issuing the EP;
• Legal and technical documents related to the project or facility.

Process and Procedures for Obtaining an Environmental Permit

• The project owner submits the application for an EP to the competent authority.
• The competent authority for issuing the EP organizes, receives, and checks the completeness and validity of the application. The content of the application is made public, relevant agencies, organizations, and individuals are consulted, and on-site inspections of the project or facility are conducted.
• If the project involves discharging wastewater into irrigation works, the EP-issuing authority must obtain written consent from the state management agency overseeing these works.
• For projects located in industrial or service zones, the EP-issuing authority must obtain a written opinion from the zone’s infrastructure investor.

Timeframe for Issuing the Environmental Permit

• No more than 45 days for EPs issued by the Ministry of Natural Resources and Environment, the Ministry of National Defense, or the Ministry of Public Security.
• No more than 30 days for EPs issued by provincial or district People’s Committees.
• The competent authority may shorten the issuance timeframe based on the type, scale, and nature of the project or facility.

Environmental Permit Re-Issuance

• The permit has expired.
• The investment project changes in scale, capacity, technology, or other aspects that increase the negative impact on the environment.

Revocation of the Environmental Permit

• The permit was issued by an unauthorized body.
• The permit content violates legal regulations.

Environmental Permit Assessment Fees

• Project owners or business facilities are responsible for paying the assessment fees for the issuance, re-issuance, and adjustment of EPs.
• The Minister of Finance regulates the collection, management, and use of assessment fees for EPs issued by central state agencies.
• Provincial People’s Councils regulate the collection, management, and use of assessment fees for EPs issued by provincial or district People’s Committees.

Consulting Services for Environmental Permit Procedures for Businesses

Obtaining an Environmental Permit will be faster, more convenient, and safer when businesses partner with a professional environmental company that specializes in environmental document procedures.

WeMe Energy Joint Stock Company is proud to have earned the trust of businesses nationwide in resolving environmental document procedures.

With well-trained specialists and many years of experience, WeMe is committed to providing full support to our customers.

WeMe’s Commitment

• Adhere to the correct process, progress, and provide the best possible support to businesses.
• Ensure the quality of results complies with legal regulations.

For more detailed consultation on Environmental Permits, please contact us via the information below for 24/7 free consultation. WeMe is honored to accompany you.

WeMe Energy Joint Stock Company