Does the investor need to obtain environmental registration for their investment projects?

Article overview

Environmental registration for investment projects is an important step to help ensure compliance with legal regulations related to environmental protection, while also bringing many practical benefits to businesses. Through this process, businesses can clearly identify the impacts that the project may have on the environment, thereby developing effective risk mitigation measures. Knowing that, in the article below, Long Phan will provide customers with information on the above topic.

Environmental registration for investment projects
Environmental registration for investment projects

What is environmental registration?

According to the provisions of Clause 9, Article 3 of the Law on Environmental Protection 2020, environmental registration means the owner of an investment project or production, business, or service facility registers with state management agencies related contents related to waste discharge and environmental protection measures. The purpose of this procedure is to ensure the project complies with emissions standards, industrial wastewater treatment and solid waste according to regulations.

Subjects must register the environment

According to the provisions of Article 49 of the Law on Environmental Protection 2020, there are two main groups of subjects who must carry out environmental registration procedures:

  • Group 1: New investment projects that generate waste but are not subject to environmental permits. These are small-scale projects with negligible environmental impact, so there is no need to do an environmental impact assessment report (EIA) or apply for an environmental permit.
  • Group 2: Production, business, and service establishments that were put into operation before the effective date of the Law on Environmental Protection 2020 (January 1, 2022) generate waste but are not subject to a certificate environmental permit.

However, there are some cases that are exempt from environmental registration such as:

  • The project belongs to state secrets regarding national defense and security.
  • The project does not generate waste or only generates waste in very small quantities, which is treated on-site.
  • Some other subjects as prescribed by law.

Classifying projects by environment to determine who must register is very important. Investors need to carefully study the legal regulations on environmental protection to accurately determine their obligations.

Waste generated from investment projects
Waste generated from investment projects

Environmental registration procedures for investment projects

File

To carry out environmental registration procedures for investment projects, investors need to prepare documents including the following documents:

  • Environmental registration document of the owner of the investment project or facility, according to Model number 47;
  • Copy of the Decision approving the results of an appraisal of the environmental impact assessment report of the investment project or facility (if any).

The environmental registration document needs to provide full information about the source of waste generation, volume, waste composition and pollution treatment measures. The investor must commit to complying with environmental standards on emissions, industrial wastewater and solid waste.

CSPL: Clause 1, Article 22, Circular 02/2022/TT-BTNMT.

Execution order

The environmental registration process is carried out according to the following steps:

Step 1: The investor prepares environmental registration documents according to regulations.

Step 2: Send documents to the commune-level People’s Committee where the investment project or facility is implemented. Applications can be made in person, by post or online.

Step 3: Commune-level People’s Committee receives and processes documents:

  • Receive environmental registration;
  • Check and handle violations of environmental protection laws (if any);
  • Guide and resolve recommendations on environmental protection;
  • Update data into the information system and national environmental database.

Note: For investment projects and establishments in areas with 02 or more commune-level administrative units, the owner of the investment project or establishment has the right to choose the commune-level People’s Committee for environmental registration.

CSPL: Clause 2, Article 22, Circular 02/2022/TT-BTNMT, Clause 3, Article 49 of the Law on Environmental Protection 2020.

Some notes when registering the environment for investment projects

When performing environmental registration for investment projects, investors should note the following important points:

About the agency receiving documents:

  • According to Clause 7, Article 49 of the Law on Environmental Protection 2020, the Commune People’s Committee is the agency responsible for receiving environmental registration applications.
  • Applications can be submitted in person, via postal service or electronically through the online public service system.
  • For projects in 2 or more communes, the investor has the right to choose the Commune People’s Committee to carry out the procedures.

About registration time:

Pursuant to Article 49 of the Law on Environmental Protection 2020, Article 32 of Decree 08/2022/ND-CP and Articles 22, 23 of Circular 02/2022/TT-BTNMT, the time for environmental registration is specifically prescribed as follows :

  • For projects that must carry out EIA: Register before official operation.
  • For projects not subject to EIA: Register before being granted a construction permit or before discharging waste into the environment.
  • For currently operating establishments: Register within 24 months from January 1, 2022.

About registration content:

It is necessary to provide accurate and complete information about the source of waste generation, volume, composition and treatment measures. Commitments to comply with environmental standards must be specific and feasible.

Regarding changes to registered content:

During operation, if there are any changes to the registered content, the investor must re-register before making those changes. If changes result in the project being required to prepare an EIA or apply for an environmental permit, the investor must comply with the corresponding regulations.

Some notes to know
Some notes to know

Consulting services and support for environmental registration procedures for investment projects in Long Phan

At Long Phan, we provide comprehensive consulting and support services on environmental registration procedures for investment projects. Long Phan’s services include:

  • Consulting on determining subjects that must register for the environment;
  • Support in preparing complete and accurate environmental registration documents;
  • Support customers to register for permits to discharge waste into water sources;
  • Support customers to register for hazardous waste treatment licenses;
  • Support customers to register for licenses to exploit and use natural resources (groundwater, minerals…);
  • Representing customers in working with authorities;
  • Support explanations and additional documents as required;
  • Consulting on other related issues.

Environmental registration is an important procedure that requires an in-depth understanding of environmental law and technology. To ensure compliance with regulations and avoid legal risks, customers should consider using professional consulting services. Long Phan is ready to support customers throughout the environmental registration process. Please contact us immediately via hotline 0906735386 for a free consultation and detailed quote.