Which investment projects must apply for an Environmental Permit?

An environmental permit is an important legal document for investment projects that generate waste. According to the provisions of the Law on Environmental Protection 2020, many types of projects in group I, group II and group III must apply for this license before going into operation. The article below will analyze in detail the subjects, procedures and processes for applying for an environmental permit according to current regulations.

Is an environmental permit a mandatory document for businesses to carry out investment projects?

Environmental license is a mandatory document for many investment projects according to the provisions of the Law on Environmental Protection 2020. Specifically, based on Article 39 of the Law on Environmental Protection 2020, the following subjects must have a license: Environmental permission:

• 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, concentrated production, business, service zones, industrial clusters operating before the effective date of the Law have environmental criteria as mentioned above.
• However, projects in groups I, II, III mentioned above, if they are urgent public investment projects according to the law on public investment, are exempt from an environmental permit.

Determining who must have an environmental permit is based on the project’s scale, type and level of impact on the environment. Projects that generate waste that needs to be treated or managed are subject to this permit.

Procedures for applying for an environmental permit are quick and effective

Profile components need support

According to the provisions of Article 43 of the Law on Environmental Protection 2020, the application file for an environmental permit includes:

• Written request for environmental permit;
• Report proposing environmental licensing;
• Other legal and technical documents of investment projects, facilities, concentrated production, business, service zones, and industrial clusters.

These documents need to be prepared fully and accurately according to the prescribed form. The environmental permit proposal report is the most important document, it should present details about the project and environmental protection measures.

The competent authority approves the application

Pursuant to Article 41 of the Law on Environmental Protection 2020, the authority to issue an environmental permit is decentralized as follows:

• The Ministry of Natural Resources and Environment issues licenses for the following projects:

1. The project is subject to an environmental permit as prescribed in Article 39 of the Law on Environmental Protection 2020 and has had the results of the appraisal of the environmental impact assessment report (EIA) approved by the Ministry of Natural Resources and Environment;
2. Projects that are subject to an environmental permit are prescribed in Article 39 of the Law on Environmental Protection 2020 and are located in 02 or more provincial administrative units or in coastal areas for which administrative management responsibilities have not yet been determined. provincial government;
3. Facilities that import scrap from abroad as raw materials for production, establishments that provide hazardous waste treatment services.

• The Ministry of National Defense and the Ministry of Public Security issue licenses for projects that are classified as national defense and security secrets.
• The Provincial People’s Committee grants licenses to group II projects, inter-district group III projects and a number of other subjects.
• The district People’s Committee issues licenses to the remaining subjects.

Identifying the correct competent authority helps the process of applying for a license go smoothly, avoiding the case of submitting documents to the wrong authority.

Time to apply for an environmental permit

According to the provisions of Clause 4, Article 43 of the Law on Environmental Protection 2020, the deadline for granting environmental permits is prescribed as follows:

• No more than 45 days for licenses under the authority of the Ministry of Natural Resources and Environment, Ministry of National Defense, and Ministry of Public Security.
• No more than 30 days for licenses under the authority of the Provincial People’s Committee and District People’s Committee.
• The competent authority may stipulate a shorter time limit appropriate to the type and scale of the project.

Processing time is calculated from the date of receipt of complete and valid documents. Therefore, preparing complete and accurate documents from the beginning will help shorten the licensing time.

Consulting on procedures for applying for an environmental permit for investors

With a team of experts with many years of experience at Long Phan, we provide customers with the following services:

• Consulting on legal regulations related to applying for and granting an environmental permit;
• Evaluate the project type, scale, and nature of operations to determine the issuance of an environmental permit to investors;
• Assist customers in preparing and collecting necessary documents;
• Drafting forms and documents according to regulations to ensure complete and accurate records;
• Submit documents and work with competent authorities on behalf of customers;
• Consulting on solutions and remedies when applications are rejected;
• Support and advice on other related issues.

An environmental permit is an important legal document for many investment projects. Applying for a license in accordance with regulations helps businesses comply with the law and effectively protect the environment. If you need assistance with procedures for applying for an environmental permit, please contact the hotline 0906.735.386 for detailed advice. We are committed to helping you complete procedures quickly and according to regulations.