Decree 05/2025/ND-CP, issued on January 6, 2025, amends and supplements a number of articles of Decree 08/2022/ND-CP to detail the implementation of the Law on Environmental Protection. Below are the main changes:

I. Decentralization of Authority for Environmental Appraisal and Permitting:

• Provincial People’s Committees are delegated the authority to appraise environmental impact assessment reports and issue environmental permits for certain projects previously under the authority of the Ministry of Natural Resources and Environment. This aims to increase local proactivity and responsibility in environmental protection.
• The Ministry of Natural Resources and Environment still maintains its overall state management role, responsible for guiding and inspecting the implementation of environmental regulations nationwide.
• The issuance of an environmental permit can be carried out concurrently with the appraisal process of the environmental impact assessment report. This helps to shorten administrative time and procedures.
• Projects belonging to different groups may have different permitting processes and timelines. Projects with a higher risk of causing pollution will undergo a stricter appraisal and permitting process.
• Provincial Departments of Natural Resources and Environment are assigned the responsibility of advising the Provincial People’s Committee on environmental permitting.

II. Amendments and Supplements to Articles Related to Environmental Permits:

• The Decree adjusts regulations on the dossier, sequence, and procedures for issuing, renewing, modifying, reissuing, and revoking environmental permits. These regulations are made more detailed to facilitate implementation by businesses and management agencies.
• Regulations on the trial operation of waste treatment facilities after an environmental permit has been issued are also adjusted. Facilities must ensure that their waste treatment facilities operate effectively before commencing official operation.
• Added regulations on the responsibilities of project owners/facilities after being granted an environmental permit. They must ensure compliance with the contents of the permit, including monitoring, waste treatment, and other environmental protection measures.
• The cases where projects and facilities must have an environmental permit are more clearly defined to prevent legal loopholes or omissions.
• The content of the environmental permit is more clearly specified, including requirements for monitoring, waste treatment, and other environmental protection measures.
• There are regulations on the public disclosure of information regarding environmental permits to enhance transparency and accountability of management agencies and businesses.
• The term of the environmental permit is also specified more clearly.

III. Replacement and Supplement of Appendices:

• The Decree replaces and supplements many appendices related to the list of types of production, business, and services at risk of causing environmental pollution and other environmental criteria. These appendices are updated to align with the current situation and new environmental protection requirements.

• • Appendix II is amended regarding the list of production, business, and service sectors at risk of causing environmental pollution.
  • Appendix III is amended regarding the list of Group I investment projects with a high risk of adverse environmental impact.
  • Appendix IV is amended regarding the list of Group II investment projects with a risk of adverse environmental impact.
  • Appendix V is amended regarding the list of investment projects with a low risk of adverse environmental impact.
  • Appendices VIa, VIb add templates for community consultation in environmental impact assessment.
  • Appendix VIII amends the template for the report proposing the issuance of an environmental permit.
  • Appendix X is amended for the template of the report proposing the reissuance of an environmental permit.
  • Appendix XI is amended for the template of the report proposing the modification of an environmental permit.
  • Appendix XIII is amended for the template of the written request for issuance, modification, or reissuance of an environmental permit.
  • Appendix XV is amended for the template of the report on the results of the trial operation of waste treatment facilities.
  • Appendix XVI is amended for the list of projects and facilities exempt from environmental registration.
  • Appendix XXII is amended for the list of products and packaging subject to recycling.
  • Appendix XXIII is replaced for the list of products, packaging, and the contribution rates for waste treatment support.
  • Appendices XXXIa and XXXIb are added before Appendix XXXI.

• The appendices are amended and supplemented to align with the current situation and new environmental protection requirements.

IV. Amendments to Some Articles of Related Decrees:

• Decree 05/2025/ND-CP also amends and supplements some articles of Decree 134/2016/ND-CP on export and import tariffs. These amendments relate to tax incentives for environmental protection activities.
• Decree 05/2025/ND-CP also amends and supplements some articles of Decree 31/2021/ND-CP guiding the Law on Investment. These amendments relate to the appraisal of investment projects with environmental implications.
• Regulations on tax, fee, and charge incentives are also adjusted to encourage environmental protection activities.
• Regulations related to waste management, wastewater, and scrap importation are also amended. These amendments aim to enhance management efficiency and minimize environmental pollution.
• There are some adjustments related to environmental restoration deposits to ensure that resource extraction projects are responsible for environmental restoration after their operations conclude.
• Regulations on environmental monitoring are also adjusted to ensure the accuracy and reliability of monitoring data.

Decree 05/2025/ND-CP takes effect from January 6, 2025. Relevant organizations and individuals need to update and comply with the new regulations to ensure their activities are in accordance with environmental protection laws.

Source: Compiled by NGO