Summary of projects that must apply for environmental permits

Article overview

The project must apply for an environmental permit, which is required to ensure legal operation. According to current legal regulations, investment projects are divided into many groups with different levels of environmental impact. The article below will provide detailed information about these project groups as well as the bases for obtaining environmental permits.

Projects must apply for an environmental permit
Projects must apply for an environmental permit

Projects must apply for environmental permits

Group I investment projects

Pursuant to Clause 3, Article 28 of the Law on Environmental Protection 2020, group I investment projects include:

  • Projects in the form of production, business, and services that have the risk of causing environmental pollution with large scale and capacity; project to implement hazardous waste treatment services; The project imports scrap from abroad as production materials;
  • Projects in the form of production, business, and services that have the risk of causing environmental pollution with average scale and capacity but have environmentally sensitive elements; Projects that do not belong to the type of production, business, or service that have the risk of causing environmental pollution with large scale and capacity but have environmentally sensitive elements;
  • Projects using land, land with water surface, and sea areas on a large scale or on a medium scale but with environmentally sensitive elements;
  • Projects to exploit minerals and water resources with large scale and capacity or with medium scale and capacity but with environmentally sensitive factors;
  • Projects requiring large-scale immigration and resettlement;
  • The project requires changing the purpose of land use on a medium scale or larger but has environmentally sensitive factors.

Group II investment projects

Pursuant to Clause 4, Article 28 of the Law on Environmental Protection 2020, group II investment projects include, except group I projects:

  • Projects in the form of production, business, and services that have the risk of causing environmental pollution with average scale and capacity;
  • Projects in the form of production, business, and services that are at risk of causing environmental pollution with small scale and capacity but have environmentally sensitive elements; Projects that do not belong to the type of production, business, or service that are at risk of causing environmental pollution with average scale and capacity but have environmentally sensitive factors;
  • Projects using land, land with water surface, and sea areas on a medium scale or on a small scale but with environmentally sensitive elements;
  • Projects to exploit minerals and water resources with medium scale and capacity or with small scale and capacity but with environmentally sensitive factors;
  • The project requires changing land use purposes on a small scale but has environmentally sensitive elements;
  • The project requires migration and resettlement on a medium scale.
Mineral exploitation project
Mineral exploitation project

Group III investment projects

Pursuant to Clause 5, Article 28 of the Law on Environmental Protection 2020, group I investment projects include, except for projects in group I and group II:

  • Projects in the form of production, business, and services that have the risk of causing environmental pollution with small scale and capacity;
  • Projects that do not fall into the category of production, business or services that pose a risk of causing environmental pollution, generate wastewater, dust or exhaust gas that must be treated, or generate hazardous waste that must be managed in accordance with regulations on waste management.

Note: The above projects generate wastewater, dust, and exhaust gases discharged into the environment that must be treated or generate hazardous waste that must be managed according to regulations on waste management when put into operation. Officially, the subject must apply for an environmental permit.

Customers can see details of projects requiring environmental permits below.

>>> Download: Appendix of investment projects applying for environmental permits

Basis for issuance of Environmental Permit

Pursuant to Clause 1, Article 42 of the Law on Environmental Protection 2020, granting environmental permits is based on the following grounds:

  1. Dossier to request an environmental permit specified in Clause 1, Article 43 of this Law;
  2. Environmental impact assessment report whose appraisal results have been approved by a competent state agency (if any);
  3. National environmental protection planning, provincial planning, environmental zoning, environmental carrying capacity according to decisions of competent state agencies, except for the cases specified in Point e of this Clause;
  4. Environmental technical regulations;
  5. Laws on environmental protection, water resources and other relevant laws;
  6. At the time of granting an environmental permit, in case the national environmental protection planning, provincial planning, environmental zoning, and environmental carrying capacity have not been issued by a competent state agency, the issuance environmental permits are implemented based on 1, 2, 4, 5.

Consulting services for projects requiring environmental permits in Long Phan

With a team of experienced and knowledgeable experts, Long Phan provides comprehensive consulting services on environmental licensing for all project groups.

Our services include:

  • Consulting on determining project groups that must apply for environmental permits;
  • Determine the scale of each project and its potential impact on the environment;
  • Consulting on conditions for obtaining an environmental permit;
  • Instructions for preparing an application for an environmental permit;
  • Instructions on the order and procedures for applying for environmental permits for each project;
  • Carry out procedures for appraising the environmental impact assessment report (if any);
  • Representing customers applying for environmental permits; Consulting and answering other related issues.
Consulting on projects applying for environmental permits
Consulting on projects applying for environmental permits

Applying for an environmental permit is a mandatory requirement for many investment projects in Vietnam. Customers need to understand the regulations, identify the right project group and prepare complete documents to ensure the licensing process goes smoothly. For detailed advice and professional support on environmental licensing procedures, please contact Long Phan via the hotline: 0906735386.