Trial Operation of Wastewater Treatment Systems

1. Legal Basis

• Law on Environmental Protection No. 72/2020/QH14;
• Decree No. 08/2022/ND-CP dated January 10, 2022, issued by the Government;
• Circular No. 02/2022/TT-BTNMT dated January 10, 2022, issued by the Ministry of Natural Resources and Environment.

2. Entities Required to Conduct Trial Operations of Wastewater Treatment Facilities

According to Article 46 of the 2020 Law on Environmental Protection, environmental protection facilities and trial operations of waste treatment systems in investment projects are regulated as follows:
1. Environmental protection works in an investment project include:
a) Waste treatment facilities: Systems and equipment for the treatment of wastewater, dust, exhaust gases, solid waste, and hazardous waste.
b) Solid waste collection and storage facilities: Infrastructure and equipment for collecting and storing general, medical, and hazardous solid waste, meeting classification, reuse, recycling, transportation, and disposal requirements.
c) Other environmental protection facilities.
2. Project developers with waste treatment systems as defined in Point a, Clause 1, must conduct a trial operation of the waste treatment facility after receiving the environmental license. This trial must coincide with the pilot operation of the entire project or specific investment phases (if applicable), or for the independent waste treatment component, to assess compliance with environmental technical regulations.
3. During the trial operation, project developers are obligated to comply with all environmental protection requirements stated in the environmental license and relevant environmental laws.
4. For projects involving hazardous waste treatment services or importation of scrap materials as production inputs, the project owner must submit a trial operation report to the licensing authority at least 45 days before the end of the trial phase. The authority will evaluate and decide on adjustments regarding the types and volumes of hazardous waste permitted for treatment, or the quantities of imported scrap allowed, and handle any violations in accordance with the law.
5. The Government provides detailed regulations to implement this provision.

3. Waste Treatment Facilities Exempt from Trial Operation in Vietnam

• Sedimentation ponds in mineral exploitation projects for common construction materials or limestone;
• Emergency reservoirs within wastewater treatment systems (excluding combined biological and emergency ponds);
• Dust and exhaust gas discharge systems where treatment systems are not required, including emission control for gas- or DO oil-fired boilers and crematorium flue gas treatment systems;
• On-site wastewater treatment systems as stipulated in Clause 3, Article 53 of the 2020 Law on Environmental Protection, including septic tanks, kitchen grease traps, and integrated treatment units that meet regulatory requirements;
• Cooling water treatment systems using chlorine or chemical disinfectants to eliminate microorganisms;
• Waste treatment facilities in projects expanding or increasing capacity without changes to the issued environmental license;
• Waste treatment systems belonging to entities defined in Clause 2, Article 39 of the Law on Environmental Protection when applying for amendments to environmental licenses;
• Waste treatment systems within industrial parks, service clusters, or centralized production areas applying for reissuance of environmental licenses without any changes from the previously approved license.

4. Key Steps in the Trial Operation of Wastewater Treatment Plants

Step 1: Prepare and Submit the Trial Operation Notification

Step 2: Waste Monitoring and Sampling During Trial Operation

Waste monitoring during the trial operation of waste treatment facilities in projects and establishments is regulated under Clauses 1 and 2, Article 21 of Circular No. 02/2022/TT-BTNMT, as follows:

• For projects or establishments falling under the scope specified in Column 3, Appendix 2 of Decree No. 08/2022/ND-CP, waste monitoring must be conducted in two distinct phases
• Efficiency Adjustment Phase: The evaluation period for the efficiency adjustment phase of each wastewater, dust, or exhaust gas treatment facility or equipment must be at least 75 days from the start date of the trial operation. Monitoring frequency and parameters: minimum frequency as follows once every 15 days; sampling: conduct measurements, and collect and analyze composite samples from both the inlet (if applicable) and the outlet; parameters: as specified in the environmental license
• Stable Operation Phase: The evaluation period for the stable operation phase must be at least 7 consecutive days following the efficiency adjustment phase. In the case of force majeure preventing continuous sampling, sampling must be resumed on the next available day. Monitoring frequency and parameters as follows minimum frequency: once per day; sampling: collect and analyze grab samples or samples taken using continuous sampling equipment before discharge to the environment from dust and gas treatment systems; parameters: as required by the environmental license
• Projects Not Listed in Column 3 of Appendix 2 of Decree No. 08/2022/ND-CP: For projects not subject to the above requirements, the project owner may independently determine the waste monitoring plan. However, it is mandatory to collect at least three grab samples over three consecutive days during the stable operation phase of the waste treatment facilities.

Step 3: Site Inspection and Sampling 

Step 4: Submit Trial Operation Report to Licensing Authority

Step 5: Licensing Authority Review and Approval

After reviewing the trial operation report and verifying compliance, the environmental licensing authority will issue a confirmation of completion and authorize the official operation of the wastewater treatment system.

Summary of Key Steps in the Trial Operation of Wastewater Treatment Systems

5. How Long Is the Trial Operation Period for Wastewater Treatment Systems?

• From 3 to 6 months for projects located in centralized production, business, or service zones, industrial clusters, or for investment projects in high-risk industries with large capacity, as specified in Column 3, Appendix II of Decree No. 08/2022/ND-CP.
• For other types of projects, the trial operation period must not exceed 6 months. The duration is determined by the project owner, who is fully responsible for ensuring the trial operation provides sufficient data to evaluate the performance and environmental compliance of the waste treatment system.
• In the event an extension is needed, the project owner must submit a written notification specifying the reason for the extension. The maximum extension period is 6 months. For large-scale investment projects implemented in phases, the duration of trial operation may be extended further as approved by the environmental licensing authority.