Does the clinic have to create an environmental protection plan?

Does the clinic have to create an environmental protection plan? This is a question that has gained the attention of many investors, especially in the context of increasingly strict environmental regulations. The article below will answer questions and provide information about issues related to environmental protection at the clinic.

Does the clinic have to create an environmental protection plan?

Previously, according to the Law on Environmental Protection 2014, environmental protection plans were applied in one of the following cases:

Investment projects are not subject to environmental impact assessment.

Production, business, and service plans are not subject to the establishment of investment projects according to the provisions of investment law.

However, the Law on Environmental Protection 2020, effective from January 1, 2022, no longer regulates environmental protection plans, but instead, Clause 2, Article 171 of the Law on Environmental Protection 2020 stipulates as follows: previously approved environmental protection plans have equivalent value to the decision to approve the results of the appraisal of the environmental impact assessment report when considering and granting environmental permits.

Therefore, the clinic does not need to create a new environmental protection plan, but needs to ensure other environmental procedures according to new regulations.

Does the clinic need to apply for an environmental permit?

According to Article 39 of the Law on Environmental Protection 2020, environmental permits are required for group I, II and III investment projects that generate wastewater, dust, exhaust gases that need to be treated or hazardous waste that needs to be managed.

For clinics, if the operation does not generate the above environmental factors, the clinic will not be subject to applying for an environmental permit. Instead, the clinic will have to carry out environmental registration according to the provisions of Article 49 of the Law on Environmental Protection 2020.

Determining whether a clinic needs an environmental permit depends on the scale of operations and the level of factors causing environmental pollution.

Authority to issue environmental permits to clinics

The authority to issue environmental permits is specified in Article 41 of the Law on Environmental Protection 2020, specifically as follows:

Ministry of Natural Resources and Environment:

• The subjects specified in Article 39 of this Law have had the results of appraisal of the environmental impact assessment report approved by the Ministry of Natural Resources and Environment.
• Or located in an area of ​​02 or more provincial-level administrative units or located in a coastal area that has not yet determined the administrative management responsibility of the Provincial People’s Committee.

Ministry of National Defense, Ministry of Public Security: Issuing environmental licenses for investment projects and facilities that are classified as state secrets on national defense and security.

Provincial People’s Committee:

• 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.

District People’s Committee: Granting licenses to the remaining subjects.

Procedures for applying for environmental permits for clinics

Procedures for applying for an environmental license for clinics are prescribed in Article 43 of the Law on Environmental Protection 2020 and guided by Decree 08/2022/ND-CP and Decree 05/2025/ND-CP. The process includes:

Step 1: Prepare documents

Profile includes:

1. Document requesting environmental permit.
2. The report recommends granting environmental permits.
3. Other legal and technical documents of investment projects, facilities, production, business and service zones, industrial clusters:

• For investment projects or expansion investment projects of currently operating facilities that are not subject to environmental impact assessment: Copy of feasibility study report or equivalent document.
• For investment projects and establishments not subject to the above regulations: Owners of investment projects and establishments are not required to submit other legal and technical documents.

Step 2: Submit application

Food processing facilities submit documents to the competent authority through one of the following methods:

• Direct;
• Or by mail;
• Or electronic version through the online public service system.

Step 3: Receive and check the completeness and validity of the dossier

The agency competent to issue environmental permits is responsible for organizing the reception and checking the completeness and validity of the dossier; publicize the content of the environmental permit proposal report; consult relevant agencies, organizations and individuals; actual inspection of production facility information; organize appraisal.

Step 4: Grant of Environmental Permit

The time limit for granting an environmental permit is calculated from the date of receipt of complete and valid documents and is specified as follows:

• No more than 45 days for environmental permits under the authority of the Ministry of Natural Resources and Environment, the Ministry of National Defense, and the Ministry of Public Security;
• No more than 30 days for environmental permits under the authority of the Provincial People’s Committee or District People’s Committee;
• The agency competent to issue environmental permits may stipulate a shorter term for granting an environmental permit than the above term, consistent with the type, scale and nature of the production facility.

Frequently Asked Questions

What specific types of waste in a clinic necessitate treatment or management for environmental compliance?

Specific wastes include infectious medical waste (sharps, contaminated materials), pharmaceutical waste, chemical waste from laboratory procedures, and wastewater with biological contaminants.

How does the scale of a clinic’s operations determine whether it needs environmental registration or an environmental permit?

Small clinics with minimal waste generation typically require environmental registration, while larger clinics with significant waste output necessitate environmental permits.

What are the essential hazardous waste management practices required for clinics?

Clinics must implement proper segregation, containment, labeling, and disposal of hazardous waste through licensed waste management facilities.

What are the penalties for clinics that fail to comply with environmental regulations?

Penalties include fines, operational shutdowns, and legal actions, depending on the severity of the violation and environmental impact.

How should clinics handle medical waste that is not classified as hazardous?

Non-hazardous medical waste, such as general office waste, should be segregated and disposed of according to municipal solid waste management guidelines.

Consulting services and support for applying for environmental permits for clinics

Long Phan provides consulting services and support for obtaining environmental permits for clinics, including:

• Consulting in cases where the clinic must apply for an environmental license or environmental registration;
• Consulting on grounds for environmental licensing;
• Evaluate the clinic’s compliance with environmental criteria;
• Evaluate environmental impact and prepare a permit proposal report;
• Consulting and guidance on drafting dossiers for environmental permits;
• Instructions on the order and procedures for applying for environmental permits;
• Consulting with competent authorities to issue environmental permits;
• Representing the customer to apply for an environmental permit for the clinic;
• Consulting and answering other issues related to the clinic’s environmental issues.

Compliance with environmental protection regulations is the responsibility of each medical facility, including clinics. If you have any questions related to environmental registration procedures or applying for an environmental permit, please contact Long Phan immediately via the hotline: 0906735386 for timely advice and support.