Highlights of the 2020 Environmental Protection Law, Decree 08/2022/ND-CP, Circular 02/2022/TT-BTNMT compared to the 2014 Environmental Protection Law
- Focus on 17 types of production, business and services that are at risk of causing environmental pollution
- (1) Minerals, glass production
- (2) Iron and steel production, metallurgy
- (3) Pulp and paper production
- (4) Production of chemicals, fertilizers, and plant protection chemicals
- (5) Fabric, yarn, textile production
- (6) Leather production
- (7) Oil exploitation
- (8) Thermal power
- (9) Recycling and waste treatment
- (10) Plating
- (11) Production of batteries and accumulators
- (12) Cement production
- (13) Processing rubber latex
- (14) Production of tapioca starch, MSG, beer, and soft drinks
- (15) Sugar production
- (16) Seafood processing, slaughtering, and livestock farming
- (17) Production of electrical and electronic components and equipment
- Specify the subjects and contents of the preliminary EIA implementation
- An additional form of EIA consultation: Posted on the appraisal agency's website, consultation time: 15 days
- Projects in concentrated production, business, service zones, or industrial clusters only need to be consulted through posting on the website and the Management Board and infrastructure investor.
- Time for EIA Decision: valid until the facility/project is granted Land Clearance Certificate.
- By January 1, 2025, facilities will stop discharging treated wastewater into the rainwater collection and drainage system.
- Integrate 07 administrative procedures into 01 license
- (1) Certificate of completion of environmental protection works
- (2) Industrial emissions license
- (3) License to discharge wastewater into water sources
- (4) Register of hazardous waste source
- (5) License to discharge wastewater into irrigation works
- (6) Hazardous waste treatment license
- (7) Certificate of eligibility for environmental protection in importing scrap as raw production materials.
- Projects that are not subject to EIA implementation will carry out the procedure of environmental license
(Integrating 2 procedures: EIA + Report on completion results of environmental protection works) - Publicize the approved environmental impact assessment report and appraisal results
Time to carry out environmental impact assessment (EIA)
- Done simultaneously with the process of preparing feasibility study reports and economic-technical reports of investment projects.
- Each investment project prepares an EIA report.
(Pursuant to Article 31, Environmental Protection Law 2020)
EIA at the Ministerial level
Group I investment projects have the risk of adverse impacts on the environment as prescribed in PLIII Decree 08/2022/ND-CP.
Group II investment projects specified in PL IV Decree 08/2022/ND-CP (detailed in Points c, d, dd and e, Clause 4, Article 28 of the Law on Environmental Protection 2020) and:
- Under the authority to decide or approve investment policies of the National Assembly and the Prime Minister;
- Located in 02 or more provincial administrative units;
- Located in waters where the administrative management responsibilities of the Provincial People's Committee have not yet been determined;
- Under the authority of the Ministry of Natural Resources and Environment to issue mineral exploitation licenses, issue licenses to exploit and use water resources, issue sea dumping licenses, and decide on sea area allocation.
(Based on Clause 1, Article 35, Law on Environmental Protection 2020)
EIA at the Provincial level
Investment projects in the province, except for cases falling under the authority of the Ministry.
(Based on Clause 3, Article 35, Law on Environmental Protection 2020)
In the case of re-establishing EIA
- (1) Increase scale and capacity; (2) Change in production technology; (3) Changing waste treatment technology; (4) Change of project location; (5) Change the location of direct wastewater discharge.
(Pursuant to Article 37, Law on Environmental Protection 2020 and Clause 2, Article 27, Decree 08/2022/ND-CP)
Environmental license - for projects that do not carry out EIA
- Investment projects that are not subject to EIA must have an Environmental license before obtaining a construction permit.
(Based on Clause 2, Article 42, Law on Environmental Protection 2020)
Some typical projects have been implemented
Da Phuoc Waste Treatment Complex; Khanh Son landfill - Da Nang; Green Environment Technology Park; Tra Noc Industrial Park; Long Thanh High-tech Industrial Park; Chau Duc Industrial Park; Nam Hoi An HASD Resort; Ben Thanh quadrangle; Sao Mai Group; Intel, Nidec; First Solar; Vinamilk, Sanofi, Sheico,...
