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Environmental registration

Environmental registration

17-04-2024

1. What is environmental registration?

Environmental registration is a new environmental documentation procedure updated in the 2020 environmental protection law, effective from January 1, 2022.

Environmental registration is the process by which investment project owners, production, business and service establishments register with state management agencies the contents related to waste discharge and environmental protection measures of the project. investment projects, production, business and service establishments.

2. Subjects must register for the environment

Pursuant to Clause 1, Article 49 of the Law on Environmental Protection 2020, subjects requiring environmental registration include:

a) Investment projects that generate waste are not subject to environmental permits;

b) Production, business, and service establishments operating before the effective date of the 2020 Environmental Protection Law generate waste that is not subject to an environmental permit.

3. Subjects exempt from environmental registration

Pursuant to Clause 2, Article 49 of the Law on Environmental Protection 2020 and Article 32 of Decree 08/2022/ND-CP, subjects exempt from environmental registration include:

a) Investment projects and facilities that are state secrets regarding national defense and security;

b) Investment projects when put into operation and production, business and service facilities do not generate waste or only generate household solid waste of less than 300 kg/day and are managed according to government regulations local; or generating wastewater less than 05 m3/day, exhaust gas less than 50 m3/hour are treated with on-site treatment equipment or managed according to local government regulations.

c) List of investment projects and facilities exempt from environmental registration specified in Appendix XVI of Decree 08/2022/ND-CP

4. Time for environmental registration

Pursuant to Clause 6, Article 49 of the Law on Environmental Protection 2020, the time of environmental registration is prescribed as follows:

a) Investment projects that are not subject to an environmental permit but are subject to an environmental impact assessment must undergo environmental registration before official operation;

b) Investment projects that are not subject to an environmental permit but are not subject to an environmental impact assessment must have environmental registration before the competent authority issues a construction permit to the school. In cases where a construction permit is required according to the provisions of construction law or before discharging waste into the environment, in cases where a construction permit is not required according to the provisions of construction law;

c) Operating production, business, and service establishments that are not subject to environmental permits must register for the environment within 24 months from the effective date of the Law on Environmental Protection 2020.

5. Document processing agency

  • The Commune People's Committee is responsible for receiving the environmental registration directly, by post or electronically through the online public service system.
  • For investment projects and facilities in areas with 02 or more commune-level administrative units, the owner of the investment project or facility has the right to choose the commune-level People's Committee for environmental registration.
  • During operation, if the investment project or facility has changes in the registered content, the owner of the investment project or facility is responsible for re-registering the environment before making those changes.
  • In case of changing the scale or nature of an investment project or facility that is subject to environmental impact assessment or an environmental permit, the owner of the investment project or facility is responsible for implementing it. Currently regulations on environmental impact assessment and environmental permits according to the provisions of the Law on Environmental Protection 2020.

6. Nội dung đăng kí môi trường

Contents of environmental registration include:

- General information about investment projects and facilities;

- Type of production, business and service; technology, capacity, products; raw materials, fuel, chemicals used (if any);

- Type and volume of waste generated;

- Plan for collection, management and treatment of waste according to regulations;

- Commitment to environmental protection work.

Environmental registration is a mandatory condition for all production, business and service enterprises that generate waste. However, the environmental permit registration procedure is often complicated and time-consuming.

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