Re-issuance of environmental permits – Instructions on implementation procedures

Reissue of environmental permits is an important step to ensure production and business activities comply with legal regulations and protect the environment sustainably. Implementing correct procedures not only helps businesses avoid legal risks but also enhances reputation and creates favorable conditions for long-term operations. Specific instructions on procedures will help save time, costs and support businesses in maintaining social responsibility towards the environment.

Cases of re-issuance of environmental permits

According to the provisions of Clause 8, Article 3 of the Law on Environmental Protection 2020, an environmental permit is a document issued by a competent state management agency to organizations and individuals engaged in production, business and service activities that are permitted to discharge waste into the environment, manage waste, and import scrap from foreign countries as raw materials for production, along with requirements and conditions on environmental protection according to regulations of law.

Cases of re-issuance of environmental permits include:

• Expired license;
• Investment projects, facilities, concentrated production, business, service areas, industrial clusters have one of the changes in terms of increasing scale, capacity, production technology or other changes that increase negative impacts environmental impact compared to the granted environmental license, except in the case of a changed investment project subject to environmental impact assessment.

The content is specified in Clause 3, Article 44 of the Law on Environmental Protection 2020.

Application for re-issuance of environmental permit

Pursuant to the provisions of Clause 9, Article 30 of Decree 08/2022/ND-CP detailing a number of articles of the Law on Environmental Protection, the application for re-issuance of an Environmental License includes:

1. Written request for adjustment or re-issuance of the environmental permit of the owner of the investment project or facility according to the Form in Appendix XIII of this Decree.
2. Report proposing re-issuance of environmental licenses of establishments, concentrated production, business, service zones, and industrial clusters:

• For establishments, concentrated production, business and service areas, and industrial clusters in operation with environmental criteria equivalent to group I and group II projects, follow the form specified in Appendix X issued with this Decree.
• For operating production, business and service establishments with environmental criteria equivalent to group III projects, follow the form specified in Appendix XII issued with this Decree.
• For investment projects specified in Points b and d, Clause 4, Article 30 of Decree 08/2022/ND-CP with environmental criteria equivalent to group II projects, follow the form specified in Appendix IX promulgated together with this Decree.
• For investment projects specified in Points b and d, Clause 4, Article 30 of Decree 08/2022/ND-CP with environmental criteria equivalent to group III projects, follow the form specified in Appendix XI promulgated together with this Decree.

3. Copy and original of previously issued environmental permit.

Current procedures for reissuing environmental permits

Agency receiving documents

The agency that issues the environmental permit will be the agency that re-issues the Environmental Permit. Specifically, based on the provisions of Article 41 of Decree 08/2022/ND-CP, agencies receiving documents include:

1. The Ministry of Natural Resources and Environment re-issues environmental licenses in the following cases:

Group I, II, III investment projects that generate wastewater, dust, exhaust gas or hazardous waste:

• The results of appraisal of the environmental impact assessment report have been approved by the Ministry of Natural Resources and Environment; or
• Located on ≥ 02 provincial-level administrative units or coastal areas where the administrative management responsibilities of the Provincial People’s Committee have not yet been determined.

Facilities that import scrap from abroad as raw materials for production or provide hazardous waste treatment services.

2. The Ministry of National Defense and the Ministry of Public Security issue environmental permits for investment projects and facilities that are state secrets on national defense and security.

3. Provincial People’s Committees issue environmental permits for:

• Group II investment projects generate wastewater, dust, exhaust gas or hazardous waste.
• Group III investment projects that generate wastewater, dust, exhaust gases or hazardous waste are located in 02 or more district-level administrative units.
• Investment projects, facilities, concentrated production, business, service zones, industrial clusters operating before January 1, 2022 that have been approved by the Provincial People’s Committee or Ministries or ministerial-level agencies appraisal results of environmental impact assessment reports.

4. District People’s Committees grant environmental licenses for Group I, II, III investment projects that generate wastewater, dust, exhaust gas or hazardous waste that are not under the authority of the above agencies.

Procedures for re-issuance

According to Clause 4 and Clause 5, Article 30 of Decree 08/2022/ND-CP, the procedure for re-issuing an environmental permit includes the following basic steps:

Step 1: Prepare complete documents as required.

Step 2: Submit application to the corresponding licensing authority.

You can submit your application in the following 3 ways:

• Submit directly;
• Submit online on the public service portal (if supported by that locality);
• Submit by post.

Step 3: Licensing agency receives and processes documents.

Fees and processing time

The registration fee for reissuance of an environmental permit is prescribed for each specific case as follows:

Fee for appraisal and re-issuance of environmental permit:

• Group I (except special cases): 50 million VND/license.
• Group II or projects/facilities in many provinces and waters whose management has not been determined: 45 million VND/license.

Fees for re-issuance of environmental permits for hazardous waste treatment projects/facilities:

• 1-4 devices: 60 million VND/project, 40 million VND/facility.
• 5-10 devices: 65 million VND/project, 50 million VND/facility.
• 11 devices or more: 70 million VND/project, 60 million VND/facility.

Fees for appraisal and re-issuance of environmental permits for projects/facilities importing scrap as raw production materials:

• Iron and steel scrap: 75 million VND/project, 50 million VND/facility.
• Paper scrap: 65 million VND/project, 45 million VND/facility.
• Plastic scrap: 60 million VND/project, 40 million VND/facility.
• Other scrap: 55 million VND/project, 35 million VND/facility.

CSPL: Based on the Fee schedule for environmental license appraisal in Circular 02/2022/TT-BTC.

Regarding the time limit for processing applications for license re-issuance:

According to Clause 5, Article 30, Decree 08/2022/ND-CP stipulates the time for issuance of Environmental Permits from receipt of valid documents as follows:

• If the licensing authority belongs to the Ministry of Natural Resources and Environment, the Ministry of National Defense, the Ministry of Public Security: ≤ 30 days.
• If the licensing authority belongs to the Provincial and District People’s Committees: ≤ 20 days.
• Licensing time depends on the competent authority and type of project and enterprise. Normally, licensing time ranges from 10 to 20 days, but can be longer.

Services for reissuing environmental permits in Long Phan

At Long Phan, we provide full environmental license application and re-issuance services, including:

• Evaluate the current legal status, determine cases where it is necessary to re-issue the license.
• Draft and complete the application for re-issuance of the environmental permit in accordance with the law.
• The customer representative submits documents to the competent environmental management agency.
• Monitor the approval process and support handling additional requests from authorities.
• Receive and hand over licenses to customers.

Long Phan is committed to providing professional, fast services, ensuring customer rights and supporting compliance with regulations on environmental protection.

Re-issuing an environmental license is an important step to help businesses ensure legal compliance, maintain stable operations and avoid risks. With a team of experienced experts, Long Phan is committed to helping customers carry out procedures quickly, saving time and costs. Contact now via via the hotline: 0906735386 for detailed advice.