WHAT SUSTAINABILITY OR CERTIFICATION REQUIREMENTS ARE THERE, AND WHAT THE COMPANY NEEDS TO DO TO ENSURE COMPLIANCE WITH ENVIRONMENTAL REGULATIONS

I. Subjects subject to environmental permits 

Pursuant to Article 39 of the Law on Environmental Protection 2020 stipulates the subjects that must have environmental permits as follows: 

- Group I, Group II and Group III investment projects that generate wastewater, dust and exhaust gases discharged into the environment must be treated or hazardous wastes must be managed according to regulations on waste management when officially put into operation. 

- Investment projects, establishments, concentrated production, business, service zones and industrial clusters operating before the effective date of this Law have environmental criteria as those specified in Clause 1, Article 39 of the Law on Environmental Protection 2020. 

- Subjects specified in Clause 1, Article 39 of the Law on Environmental Protection 2020 in the case of emergency public investment projects in accordance with the law on public investment are exempt from environmental permits.

II. Order and procedures for issuance of environmental permits 

Article 43 of the Law on Environmental Protection 2020 stipulates dossiers, order and procedures for issuance of environmental permits as follows: 

(i) Step 1: Prepare and submit dossiers of application for environmental permits and pay appraisal fees as prescribed. The dossier includes the following documents: 

– A written application for an environmental permit (Appendix XIII issued together with Decree 08/2022/ND-CP); 

– Report on proposal for environmental permit; 

– Other legal and technical documents of investment projects, establishments, production, business zones, concentrated services, industrial clusters. Applications are sent in person or by post or electronically through the online public service system; 

(ii) Step 2: Appraisal of dossiers The agency competent to grant environmental permits shall receive and check the completeness and validity of the dossier; publicize contents of reports on proposals for environmental permits, except for information belonging to state secrets or enterprise secrets in accordance with law; consult relevant agencies, organizations and individuals; actual inspection of information on investment projects, establishments, production, business zones, concentrated services, industrial clusters; organize the appraisal and issuance of environmental permits. 

(iii) Step 3: Grant an environmental permit According to Clause 4, Article 43 of the Law on Environmental Protection 2020, the time limit for issuance of an environmental permit is counted from the date of receipt of a complete and valid dossier and is stipulated as follows: 

- No more than 45 days for environmental permits under the environmental permit issuance authority of the Ministry of Natural Resources and Environment,  Ministry of National Defense, Ministry of Public Security; 

– Not exceeding 30 days for environmental permits under the environmental permit issuance competence of provincial-level People's Committees or district-level People's Committees;  

Note: Agencies competent to grant environmental permits may stipulate that the time limit for issuance of environmental permits is shorter than that prescribed above in accordance with the type, scale and nature of investment projects, establishments, production, business zones, concentrated services, industrial clusters. 

Above is an article that provides some basic information about Vietnamese legal regulations on what sustainability requirements or certification, and what companies need to do to ensure compliance with environmental regulations.

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Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

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