REGULATIONS ON ENVIRONMENT LICENSE - LAW ON ENVIRONMENTAL PROTECTION 2020

SOME OUTSTANDING CONTENTS OF ENVIRONMENT LICENSE REGULATION UNDER THE DECREE NO. 08/2022/NĐ-CP AND THE CIRCULAR No. 02/2022/TT-BTNMT DATED 10 JANUARY 2022

1- Project classification

2- Required documents

Subject	Records	Submission time
Waste treatment plant is being piloted	- Application for environment license	Upon commissioning completion:
	- Report on environment license application.	- Not later than 45 days for cases under the Ministerial-level environment license issuance authority.
		- Before 30 days for cases under the environment license issuance authority of the People's Committee of province/district.
* In the event that submission time for environment license application is not assured as specified at this point, the Employer shall notify the commissioning term prescribed at point c, clause 6, Article 31 of this Decree to obtain the environment license upon commissioning completion
Owner of production & business facilities, concentrated services and industrial cluster	- Application for environment license.	Self-decision on submission time for environment license:
	- Report on environment license application.	- Not later than 45 days for cases under the Ministerial-level environment license issuance authority,
		- Before 30 days for cases under the environment license issuance authority of the People's Committee of province/district.

3- Commissioning

a) Investment project and production & business - service facility having risk of high scale environmental pollution (specified at Column 3, Appendix 2 of the Decree No. 08/2022/NĐ-CP)

	Wastewater	Emission
Effective adjustment phase of treatment plant
Time	at least 75 days
Frequency	at least 15 days/time
	01 input combination sample	01 input combination sample (if any)
	01 output sample	01 output combination sample
Monitoring parameters	It is complied with the environment license
Stable operation phase of works, treatment device
Time	at least 07 consecutive days after adjustment phase
Frequence	at least 01 day/time
	01 input wastewater sample	01 single sample or sample taken by continuous sampling opacimeter before draining and discharging into environment
	at least 07 single output samples in 07 consecutive days
Monitoring parameters	It is complied with the environment license

b) Waste monitoring during operation (Article 21 of the Circular No. 02/2022/TT-BTNMT)

- For other projects OUT OF production, business and services with high scale environmental pollution, waste monitoring is self-decided by the Project Owner and facility owner, provided that at least 03 single samples must be monitored in 03 consecutive days of stable operation phase of waste treatment works.

c) Wastewater or emission monitoring is initiated when the wastewater and emission treatment works (in the event that it is required to improve and upgrade the wastewater treatment works; improve and upgrade the dust and emission treatment works)

+ Production & business - service facility having risk of high scale environmental pollution (specified at Column 3, Appendix 2 of the Decree No. 08/2022/NĐ-CP): waste monitoring is complied with the stable operation phase of waste treatment works;

+ The facility is NOT subject to production & business - service facility having risk of high capacity and scale environmental pollution: The facility may make decision by itself, provided that at least 03 single samples must be monitored in 03 consecutive days of stable operation phase for waste treatment works.

Source: NGO