What is a wastewater discharge permit? Latest application procedures

Wastewater discharge permit is a document issued by a competent authority, allowing organizations and individuals to discharge wastewater into receiving sources in accordance with the law. Applying for a license helps businesses ensure compliance with environmental standards, avoid legal risks and administrative penalties. Refer to the article below to learn more about procedures for applying for a wastewater discharge permit.

What is a wastewater discharge permit? Are there currently any procedures for issuing wastewater discharge permits?

Previously, a wastewater discharge permit was a separate type of permit, issued to establishments that discharged wastewater into water sources. However, according to the Law on Environmental Protection 2020, the wastewater discharge permit has been integrated into the environmental permit.

Environmental license is a document issued by a competent state management agency to organizations and individuals with production, business and service activities that are allowed to discharge waste into the environment, manage waste, and import scrap from abroad as raw materials for production with requirements and conditions on environmental protection according to the provisions of law.

Thus, now there is no longer a separate application procedure for a wastewater discharge permit. Instead, businesses and production facilities that discharge wastewater will have to apply for an environmental permit.

Subjects must apply for an environmental permit when discharging wastewater

According to Article 39 and Clauses 3, 4, 5, Article 28 of the Law on Environmental Protection 2020, subjects that need to apply for an environmental permit include:

1. Group I investment projects – are projects with a high risk of adverse environmental impacts, including:

• 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; Projects that import scrap from abroad as production materials;
• Projects in the type 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 are at 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 that require changing the purpose of land use on a medium scale or larger but have environmentally sensitive factors;
• The project requires large-scale immigration and resettlement.

2. Group II investment projects – are projects that have the risk of adverse impacts on the environment, except for Group I projects, including:

• 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 elements;
• 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.

3. Group III investment projects are projects with little risk of negative impacts on the environment, except for Group I and Group II projects, including:

• 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 belong to the type of production, business, or service that pose a risk of causing environmental pollution generate wastewater, dust, and exhaust gases that must be treated or generate hazardous waste that must be managed according to regulations on waste management.

Procedures for applying for environmental permits

Environmental permit application dossier

According to the provisions of Clause 1, 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.

The main content of the environmental permit proposal report and specific documents are guided in Articles 28 and 29 of Decree 08/2022/ND-CP effective from January 10, 2022 (amended by Clause 10, Clause 11, Article 1 of Decree 05/2025/ND-CP effective from January 6, 2025).

Competent authority

Each Project Group will fall under the licensing authority of a different agency. Generally includes:

• The Ministry of Natural Resources and Environment will issue environmental licenses for Group I investment projects.
• The Provincial People’s Committee will issue environmental permits for Group II investment projects or Group III investment projects but with proposed locations located in 2 districts, near rivers and seas.
• The District People’s Committee issues environmental permits for Group III investment projects.
• 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.

Legal basis: Article 28, Article 41 of the Law on Environmental Protection 2020.

Implementation procedures

To apply for an environmental permit, businesses need to follow these steps:

Step 1: Determine when to submit the application:

Project or facility owners need to submit an application for an environmental permit at the appropriate time to ensure that operations do not violate regulations. For projects subject to environmental impact assessment (EIA), documents must be submitted after completing the entire project or the period in which waste is generated. Meanwhile, projects that are not subject to EIA can submit applications as soon as they have fully prepared the required documents.

Step 2: Submit application for licensing:

After determining the right time, the project owner shall submit an application for an environmental permit to the competent authority according to the management level. Documents need to be submitted before the specified deadline to avoid delays or affecting the project’s operating schedule.

Step 3: Receive and disclose information:

After receiving the application, the licensing agency will check the validity and publish the licensing proposal information on the authorities’ electronic portal. This process lasts at least 10 days, helping to ensure transparency and facilitate follow-up by stakeholders.

Step 4: Consult relevant parties:

The licensing agency can seek opinions from relevant parties, including irrigation management agencies, industrial park management boards or neighboring provincial People’s Committees if the project has an impact on the inter-provincial environment. The consulted units must respond in writing within 7 days. If they do not respond, they will default to consensus.

Step 5: Appraisal and actual inspection:

Based on the content of the dossier, the licensing agency will conduct an appraisal council meeting to assess the level of environmental impact of the project. In some cases, an on-site inspection team will be sent to the project area to take waste monitoring samples and directly evaluate the environmental treatment system.

Step 6: Grant license or request editing:

If the project meets the conditions, the authorities will issue an environmental permit within 10 – 20 days depending on the management level. In case the dossier does not meet the requirements, the project owner will receive a notice requesting correction and supplementation within a maximum of 12 months.

Step 7: Complete post-licensing procedures:

After receiving the environmental permit, the project owner is responsible for properly implementing environmental protection commitments, including periodic monitoring and reporting of waste discharge situations. If there is a change in the scale of operations or waste treatment capacity, the enterprise must apply for an adjustment or reissue of the license before the current license expires.

For specific licensing procedures, please refer to the regulations in Clause 2, Article 43 of the Law on Environmental Protection 2020, Article 29 of Decree 08/2022/ND-CP amended by Clause 11, Article 1 of Decree 05/2025/ND-CP effective from January 6, 2025.

Full service for applying for environmental permits in Long Phan

Long Phan provides a comprehensive environmental permit application service, helping businesses complete procedures quickly, in accordance with legal regulations, avoid errors and save time. Our services include:

• Consulting on conditions and subjects applying for environmental permits;
• Prepare and draft license application documents;
• Submit documents and work with authorities;
• Support throughout the appraisal and actual inspection process;
• Receive and hand over environmental permits to customers.

The wastewater discharge permit has now been integrated into the environmental license, helping businesses carry out simpler procedures, ensuring compliance with regulations and effective environmental protection. Long Phan provides comprehensive consulting and support services, helping businesses complete procedures quickly. Contact the hotline 0906735386 immediately for detailed advice!