1. How is environmental license understood?

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 waste into the environment. Importing scrap from abroad as raw materials for production with requirements and conditions on environmental protection according to the provisions of law (Clause 8, Article 3 of the Law on Environmental Protection 2020)

Basically, the environmental license includes a number of specific contents: (Clause 1, Article 40 of the Law on Environmental Protection 2020).

- Firstly, it is necessary to have the most basic and essential content related to the projects as a basis for commenting on issues related to environmental protection, and general information about the project as required.

- Second, environmental licensing includes a number of specific contents:

+ Source of wastewater generation; maximum wastewater discharge flow; wastewater stream; In order to determine the best location to discharge wastewater to avoid causing environmental pollution, it can be mentioned as some places with little or no population. To avoid affecting people and the living environment, it is necessary to identify the source. wastewater generation and maximum wastewater volume

+ Source of emissions; Maximum exhaust flow. The source of wastewater generation must ensure to minimize environmental pollution, and the gas must be treated before being discharged into the environment, especially in densely populated areas.

+ In densely populated places or even in less populated areas, if the noise is too loud or the vibration is too strong, it will affect people and even the surrounding environment. , trees, creatures and living environment, so it is necessary to identify the source of noise and limit noise and vibration.

+ Waste discharged into the environment must be specifically identified and must be within the legal regulations to avoid affecting the environment, so specific treatment systems need to be built before being discharged into the environment.

+ Type and volume of scrap allowed to be imported for investment projects and establishments that import scrap from abroad as production materials. When using scrap, it is necessary to note that not all types of scrap can be used because it not only poses a danger to the project but also greatly affects the environment.

- Regarding environmental protection requirements are specifically stipulated:

• It is necessary to invest in measures to collect and simultaneously treat wastewater and exhaust gases, and minimize noise and vibration if wastewater discharged into irrigation works must meet environmental protection requirements for water sources.
• In particular, there must be warehouses and yards to store scrap according to regulations; recycling system; impurity treatment; to ensure there is a minimum amount of scrap that negatively affects the environment.
• To prevent unexpected and unforeseeable cases, it is necessary to have a plan to monitor, prevent and respond to environmental incidents; Equipped with equipment to prevent and respond to actual incidents;
• Strictly manage household solid waste and industrial solid waste, paying special attention to environmental improvement and restoration; biodiversity compensation according to the provisions of law;
• Some other requirements on environmental protection (if any) to add certainty and prestige to project construction

For environmental protection requirements, it is necessary to come up with the most optimal measures to protect the environment, manage waste from liquid, solid to gas due to any toxic substances when discharged. into the environment also have a negative impact on the living environment. It is necessary to have specific measures such as building scrap warehouses according to regulations, having a waste treatment system to ensure hygiene and safety before being discharged into the environment, and having a prevention plan in some emergency cases. or unexpected circumstances.

2. Why do we need to get an environmental permit?

Environmental permits are considered a unified and legal management for monitoring, checking and inspecting environmental protection activities of projects during the implementation phase (construction, operation). operation...), pilot operation, commercial operation) and operation of production, operations, service, and tooling facilities. Therefore, its importance to the environment is huge. Therefore, in cases where the law requires an environmental permit to be applied to ensure that production, operation and construction do not adversely affect the surrounding environment.

To get an environmental permit, you need to go through some specific steps: (Article 43 of the Law on Environmental Protection 2020)

• Step 1: The owner of the investment project or facility sends an application for an environmental permit to the competent authority according to regulations. Documents can be sent directly or by post or electronically through the online public service system. Profile include:

+ Written request for an environmental permit, written request for permission from a competent authority to carry out the project before the law

+ Report proposing environmental licensing, as mentioned, this is the most secure source for future licensing and project implementation. The competent authority will rely on this report for consideration. , evaluate the quality and make a decision whether to license or not

+ Other legal and technical documents of investment projects, facilities, production, business, service zones, industrial clusters.

• Step 2: The agency competent to issue environmental permits will receive and check the completeness and validity of the dossier; If the dossier is not valid, the licensing authority will request the license applicant to amend, supplement, and complete the dossier. If the dossier is valid, the licensing authority will issue an environmental license. field for the person requesting the license

+ Publicize the content of the environmental permit proposal report, except for information that is state secret or business secret according to the provisions of law; Consult with relevant agencies, organizations and individuals. Publicizing the licensing content helps not only local authorities but also people to monitor project activities and take remedial measures in case of violations.

+ Actual check of information on investment projects, facilities, production, business, concentrated service zones, industrial clusters; Organize the appraisal and issuance of environmental permits. In addition, the competent authority needs to directly inspect the project to ensure that there will be no adverse effects on the environment before putting the project into operation.

+ The process of receiving, resolving administrative procedures and notifying results is carried out directly, by post or sent electronically through the online public service system at the request of the investment project owner. , basis;

• Step 3: In case an investment project, facility, production, business, service area, or industrial cluster has activities of discharging wastewater into irrigation works, the environmental licensing agency must seek opinions. Provide written opinions and obtain consensus from the state agency managing that irrigation project before granting an environmental permit;
• Step 4: In case the investment project or facility is located in a concentrated production, business, service area or industrial cluster, the environmental licensing agency must obtain written opinions from the construction investor. and operating the infrastructure of concentrated production, business, and service zones and industrial clusters before granting an environmental license.

3. When is an environmental permit needed?

Environmental permits must be obtained in some specific cases: (Article 39 of the Law on Environmental Protection 2020)

- Group I, group II and group III investment projects generate wastewater, dust, and exhaust gases discharged into the environment that must be treated or generate hazardous waste that must be managed according to regulations on waste management when it comes into official operation. (In case the above investment projects fall into the category of emergency public investment projects according to the provisions of law on public investment, they are exempt from environmental permits). This is considered the group that has the most impact on the environment when in operation, so licensing is necessary to manage and protect the environment.

- Investment projects, facilities, concentrated production, business, service areas, industrial clusters operating before January 1, 2022 with environmental criteria as objects of investment projects of group I, group II and group III generate wastewater, dust, and exhaust gases discharged into the environment that must be treated or generate hazardous waste that must be managed. This group of subjects has similar subjects, so it is also necessary to be licensed to promptly inspect and handle environmental protection issues.

After making an environmental permit and after a prescribed period of time, the environmental permit will expire. At that time, if required by law, a new environmental permit must be applied for. Specifically (Clause 4, Article 40 of the Law on Environmental Protection 2020). Projects with a higher level of environmental danger have a shorter licensing time, which means that when the licensing period expires, you must stop or apply for a new license if possible.

- For group I investment projects: 07 years;

- For production, business, service establishments, concentrated production, business, and service zones, industrial clusters operating before the effective date of this Law that have the same environmental criteria as the first project. fourth group I: 07 years;

- For subjects not falling into the above two cases: 10 years

- The term of the environmental permit may be shorter than the term mentioned above at the request of the owner of the investment project, facility, investor in construction and business of infrastructure in concentrated production, business and service zones. , industrial clusters (hereinafter referred to as investment project owners and facilities).