• Currently, when going into operation, most businesses must make a minimum of 02 reports and a maximum of 24 different reports on the environmental management situation at the enterprise and send them to management agencies. from Central to Local.
• Therefore, Circular 25/2019/TT-BTNMT was born (effective from February 15, 2020) with groundbreaking reforms in the reporting regime. Accordingly, businesses only have to make 01 environmental protection report and submit it at the end of the year, instead of making many types of reports as before.
• On January 10, 2022, the Government issued Decree 08/2022/ND-CP and Circular 02/2022/TT-BTNMT detailing the implementation of a number of articles of the 2020 Law on Environmental Protection. According to Accordingly, based on Chapter V, Section 3 of Circular 02/2022/TT-BTNMT dated January 10, 2022, regulations on reporting on environmental protection work in 2022 are as follows:

1. Subjects must submit reports on environmental protection work

According to Article 66, Circular 02/2022/TT-BTNMT stipulates:

Project owners, production and business service establishments are subject to having an environmental permit and environmental registration according to regulations (except for subjects exempt from environmental registration as prescribed in Article 32 Decree No. 08/ 2022/ND-CP) must prepare a report on environmental protection work specified in Appendix VI issued with the circular.

2. Content of environmental protection report

According to Clause 1, Article 66, Circular 02/2022/TT-BTNMT dated January 10, 2022 stipulates:

a) Contents of environmental protection reports of investment project owners, production, business and service establishments subject to environmental permits as prescribed in Form No. 05.A Appendix VI promulgated together with this Circular;

b) Contents of environmental protection reports of investment project owners, production, business and service establishments subject to environmental registration as prescribed in Form No. 05.B Appendix VI of the Board issued together with this Circular.

3. Time for submitting reports on environmental protection work

According to Clause 2, Article 66, Circular 02/2022/TT-BTNMT stipulates:

Owners of investment projects, production, business and service establishments send annual environmental protection reports (reporting period from January 1 to December 31) to agencies. before January 5 of the following year.

Investors who build and operate infrastructure in production, business, and service zones or industrial clusters submit annual reports on environmental protection (reporting period is from January 1 to the end of the year). December 31) to agencies before January 10 of the following year.

4. Where to submit reports on environmental protection work

According to Clause 5, Article 66, Circular 02/2022/TT-BTNMT stipulates: Submit reports on environmental protection work to the following agencies:

• Owners of investment projects, production, business and service establishments send environmental protection reports to the following agencies:
• Environmental licensing agency or environmental registration receiving agency
• Department of Natural Resources and Environment (where investment projects and establishments have production, business and service activities)
• District People's Committee
• Investors who build and operate technical infrastructure in concentrated production, business, and service zones or industrial clusters (for establishments located in economic zones, concentrated production, business, and service zones) or industrial cluster).

5. Frequency and criteria of environmental monitoring

Owners of investment projects, production, business and service establishments shall follow the environmental monitoring program according to the Environmental License or Environmental Registration.

Owners of investment projects, production, business and service establishments that do not have an Environmental License or Environmental Registration will still follow the monitoring program according to current environmental records regarding frequency, location, monitoring targets.

6. Subjects are exempted from reporting on environmental protection work

Subjects exempt from environmental registration according to the provisions of Article 32 of Decree No. 08/2022/ND-CP are not required to submit environmental protection reports. Includes the following objects:

• Investment projects and facilities are classified as state secrets regarding national defense and security
• Investment projects that are put into operation and production, business, and service establishments do not generate waste or only generate household solid waste of less than 300 kg/day are managed according to local government regulations. ; 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.
• The list of investment projects and facilities exempt from environmental registration is specified in Appendix XVI of Decree No. 08/2022/ND-CP.

7. What will be the penalty if you do not report on environmental protection work?

According to the provisions of Clause 2, Article 6 and Clauses 1 and 2, Article 43, Decree 45/2022/ND-CP Regulations on sanctions for administrative violations in the field of environmental protection.

Violations of regulations on environmental information management (monitoring results) and environmental protection reporting (BCCTBVMT) will be penalized as follows:

• Failure to make reports, incorrect reports, failure to submit reports: Fine from 10,000,000 - 20,000,000 VND
• Obstructing environmental monitoring: Fine from 2,000,000 - 20,000,000 VND
• Failure to store environmental monitoring results: Fine from 10,000,000 - 20,000,000 VND
• Illegal intrusion into the environmental data storage system: Fine from 20,000,000 - 80,000,000 VND
• Editing or erasing environmental monitoring results: Fine from 120,000,000 - 160,000,000 VND

The above fine has been doubled to apply to organizations and businesses that violate the provisions of Clause 2, Article 6, Decree 45/2022/ND-CP Regulations on sanctions for administrative violations in the field of insurance. environmental protection.