Conditions and procedures for applying for environmental permits

Article overview

Environmental permits are a requirement for organizations and businesses operating in fields that impact the environment. Applying for this license helps ensure activities comply with environmental protection regulations, minimize negative impacts and aim for sustainable development. In the article below, we will provide specific information about the conditions and procedures for applying for an environmental permit.

Steps and conditions for applying for an environmental permit
Steps and conditions for applying for an environmental permit

Who is required to have an environmental permit?

Pursuant to Article 39 of the Law on Environmental Protection 2020, the following subjects must apply for an environmental permit, including:

  • Group I, group II and group III investment projects generate wastewater, dust, and exhaust gasses discharged into the environment that must be treated or generate hazardous waste that must be managed according to regulations on waste management when officially put into operation.
  • Investment projects, facilities, production, business, service areas, industrial clusters operating before the effective date of this Law with environmental criteria.

However, the above investment project belongs to the case of emergency public investment projects according to the provisions of law on public investment that are exempt from environmental permits.

Conditions for applying for an environmental permit

According to the provisions of Clause 1, Article 42 of the Law on Environmental Protection 2020, conditions for applying for an environmental permit will include the following factors:

  • Application dossier for environmental permit;
  • Environmental impact assessment report whose appraisal results have been approved by a competent state agency (if any);
  • National environmental protection planning, provincial planning, environmental zoning, environmental carrying capacity according to the decision of the competent state agency, except for cases at the time of granting the environmental license by the agency. The competent state has not issued the above plans;
  • Environmental technical regulations;
  • Laws on environmental protection, water resources and other relevant laws;
Conditions for applying for an environmental permit
Conditions for applying for an environmental permit

Procedures for applying for environmental permits

Competent authority to issue licenses

Pursuant to Article 41 of the Law on Environmental Protection 2020, the agency competent to issue environmental permits is:

  1. Ministry of Natural Resources and Environment in case:
  • Subjects in Article 39 of this Law whose environmental impact assessment report appraisal results are approved by the Ministry itself.
  • Subjects specified in Article 39 of this Law are located in 02 or more provincial-level administrative units or located in coastal areas that have not yet determined the administrative management responsibility of the Provincial People’s Committee.
  • Facilities that import scrap from abroad as raw materials for production, establishments that provide hazardous waste treatment services.
  1. Ministry of National Defense and Ministry of Public Security if these are investment projects or facilities that are state secrets on national defense and security.
  2. Provincial People’s Committee in the case of:
  • Not falling under the jurisdiction of the Ministry of Natural Resources and Environment, the Ministry of National Defense, and the Ministry of Public Security.
  • Group II investment projects specified in Article 39 of this Law.
  • Group III investment projects specified in Article 39 of this Law are located in 02 or more district-level administrative units.
  • Subjects specified in Clause 2, Article 39 of this Law have had the results of appraisal of the environmental impact assessment report approved by the Provincial People’s Committee or the Ministry or ministerial-level agency.
  1. District People’s Committee if the subject does not fall under the jurisdiction of the above agencies.
Authority to issue environmental permits
Authority to issue environmental permits

Implementation process

Steps to apply for an Environmental License as prescribed in Article 43 of the Law on Environmental Protection 2020 and instructions in Articles 28 and 29 of Decree 08/2022/ND-CP include:

Step 1: Prepare documents:

The owner of the investment project or facility needs to prepare documents and send them to the competent authority to request an Environmental Permit. Document components include:

  • Document requesting environmental permit.
  • The report recommends granting environmental permits.
  • Other legal and technical documents related to investment projects, facilities, production, business, service zones, industrial clusters.

Step 2: Submit application:

The owner of the investment project or facility submits an application for an environmental permit to the competent authority through one of the following methods:

  • Direct;
  • By mail;
  • Electronic version through the online public service system.

Step 3: Receive and check documents:

The agency competent to issue environmental permits is responsible for performing the following tasks after receiving the application:

  • Receive and check documents: Ensure documents are complete and valid.
  • Publicize the content of the environmental licensing proposal report: Except for information that is state secret or business secret.
  • Consult with relevant agencies, organizations and individuals: Ensure consensus and feedback from relevant parties.
  • Actual project inspection: Assess the actual situation of investment projects, production, business and service facilities.
  • Appraisal and issuance of environmental permit: The competent authority will organize the appraisal of documents and issue an Environmental Permit if qualified.

Step 4: Notification of results

After the appraisal is completed, the competent authority will notify the results to the owner of the investment project or facility. This process can be done through:

  • Direct notification.
  • Notification by post.
  • Send electronic copies through the online public service system, if requested by the project owner.

Instructions for quickly applying for an environmental permit in Long Phan

Environmental license is a condition to ensure business operations comply with legal regulations and protect the environment. However, the licensing process can be complicated and time-consuming. Therefore, Long Phan provides comprehensive support services to help you complete this procedure quickly and effectively.

Services at Long Phan include:

  • Consulting on cases requiring environmental permits;
  • Consulting on conditions and preparing documents for environmental permits;
  • Instructions on the order and procedures for applying for environmental permits;
  • Consulting with competent authorities to issue environmental permits;
  • Representing customers to carry out procedures for applying for environmental permits;
  • Environmental impact assessment (EIA);
  • Implement environmental protection commitment reports;
  • Providing effective environmental treatment solutions;
  • Support monitoring and updating environmental policy changes;
  • Consulting on other related issues.

With a team of experienced experts, Long Phan provides fast, cost-effective and effective services. Let Long Phan accompany you in protecting the environment and developing sustainably for your business! Contact now via the hotline: 0906735386 for detailed advice and quick support!