Environmental license under Law on Environmental Protection

Date public: 30-03-2022||View: 48849

I. Definition

(According to Clause 8, Article 3 of the Law on Environmental Protection No. 72/2020/QH14)

An Environmental License is a legal document issued by a competent state authority to organizations or individuals engaged in production, business, or service activities, granting permission to discharge waste into the environment, manage waste, or import scrap from abroad as raw materials for production. The license includes specific requirements and conditions for environmental protection as regulated by law.

II. Entities Required to Obtain an Environmental License

(As defined in Article 39 of the Law on Environmental Protection No. 72/2020/QH14)

Investment projects in Groups I, II, and III that generate wastewater, dust, or exhaust gases requiring treatment, or hazardous waste subject to management under waste management regulations, when entering official operation.
Existing investment projects, facilities, centralized production zones, business or service areas, and industrial clusters operating before the effective date of the Law on Environmental Protection No. 72/2020/QH14, which meet environmental criteria similar to those mentioned in Clause 1.
Projects under Clause 1 that are classified as urgent public investment projects under the Law on Public Investment may be exempted from obtaining an Environmental License.

Group Classification I, II, III (The classification of projects into Group I, II, and III is based on Article 28 of the Law on Environmental Protection No. 72/2020/QH14, Appendices of Decree No. 08/2022/ND-CP, and the Law on Public Investment No. 39/2019/QH14).
Detailed lists of Group I, II, and III investment projects are specified in Appendices III, IV, and V of Decree 08/2022/ND-CP.

III. Contents of the Environmental License

1. Key contents of the Environmental License include: general information about the investment project, facility, centralized production or business zone, or industrial cluster; details of the environmental permit; requirements for environmental protection; duration of the license; other relevant information (if applicable).
2. Standard forms for Environmental License application and renewal are to be used when submitting proposals for license issuance or re-issuance.

IV. Documents Required for Environmental License Application

1. Application for Environmental License (Appendix XIII attached to Decree No. 08/2022/ND-CP dated January 10, 2022).
2. Environmental License Proposal Report.
3. Legal and Technical Documents.

V. Authority to Issue Environmental License

(According to Articles 41 and 43 of the Law on Environmental Protection No. 72/2020/QH14)

Notes:

According to Clause 8, Article 29 of Decree No. 08/2022/ND-CP, the time limit for processing the Environmental License application is 15 days from the date of receiving a complete and valid application in the following cases:

1. Investment projects or establishments that do not fall under the category of wastewater treatment (VHTN);
2. Investment projects or establishments that connect wastewater to the centralized wastewater collection and treatment system of the industrial, business, service, or industrial cluster, and meet the following conditions: not involved in production activities with a risk of causing pollution, not subject to automatic air quality monitoring requirements.

VI. Submission and Issuance Timeline for Environmental License Application

(According to Article 42 of the Law on Environmental Protection No. 72/2020/QH14 and Article 29 of Decree No. 08/2022/ND-CP)

VII. Key Considerations under Transitional Provisions for Environmental Licenses

(Article 168 of Decree No. 08/2022/ND-CP)

VIII. Effectiveness of the Environmental License (GPMT)

(Clause 4, Article 40 of the Law on Environmental Protection No. 72/2020/QH14)

Note:

According to Clause 6, Article 42 of the Environmental Protection Law No. 72/2020/QH14:

In cases where an investment project or a production, business, and service establishment, industrial park, or industrial cluster is implemented in multiple stages with various constructions and components, the Environmental License (GPMT) may be issued for each stage, construction, or component that generates waste. The GPMT issued later will integrate the contents of the previously issued GPMT that is still valid.

According to Clause 6, Article 42 of the Environmental Protection Law No. 72/2020/QH14:

From the date the environmental license comes into effect, the decision approving the environmental impact assessment report and the component environmental license will expire.

Some Important Notes When Reapplying for an Environmental License (According to Clause 4, Article 30 of Decree No. 08/2022/ND-CP):

Before the expiration of the old GPMT by 6 months.
Before making any increases, changes in scale, capacity, or technology in the project before implementation.
Before adding new industries to attract investment in the production and business zone, industrial cluster (except in cases where the project has no wastewater generation).
Before making changes or increasing the number of sources of wastewater, exhaust emissions, changing discharge points, or discharge methods.

With many years of experience in environmental documentation, Dai Nam Environmental Solutions Co., Ltd. has provided optimal solutions to businesses in Ho Chi Minh City and surrounding provinces on environmental matters. We have helped complete and submit documentation to the authorities, obtaining environmental licenses as scheduled.
Some Environmental License Projects Completed by Dai Nam:

Environmental License for An Binh Apartment Complex – Binh Duong Province
Environmental License for Ngoi Sao Apartment Complex – Binh Duong Province
Environmental License for Lan Anh Residential Area – Binh Duong Province
Environmental License for Ngoi Sao Apartment Complex – Binh Duong Province
Environmental License for Nova Fruit Processing Factory – Dong Thap Province
Environmental License & Environmental Impact Assessment (EIA) for Phuc Long Industrial Park’s Wastewater Treatment Plant – Long An Province
And many other projects...