WHAT IS AN ENVIRONMENTAL PERMIT? WHICH CONSTRUCTION PROJECTS MUST HAVE AN ENVIRONMENTAL PERMIT?

1. What is an environmental permit?

Pursuant to Clause 8, Article 3 of the Law on Environmental Protection 2020, it is stipulated: "Environmental license is a document issued by a competent state management agency to organizations and individuals engaged in production, business and service activities. Services are allowed to discharge waste into the environment, manage waste, import scrap from abroad as raw production materials with requirements and conditions on environmental protection according to the provisions of law".

2. Who must issue an environmental permit?

Pursuant to Article 39 of the Law on Environmental Protection 2020, subjects that must have an environmental permit include investment projects:

• Clause 1: 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 management regulations waste when going into official operation.
• Clause 2: Investment projects, facilities, concentrated production, business, service areas, industrial clusters operating before the effective date of this Law have environmental criteria as specified in Clause 1 This.

The above-mentioned subjects belong to the case of emergency public investment projects according to the provisions of law on public investment that are exempt from environmental permits.

Accordingly, the responsibility of the investment project owner, after making a decision to approve the results of the appraisal of the environmental impact assessment report, is to have a written notification of the completion results of the environmental protection work to the agency. Approved the results of the appraisal of the environmental impact assessment report before putting the project into official operation for investment projects that are not subject to an environmental permit.

In case an operating facility is required to have an environmental license according to the provisions of the Law on Environmental Protection 2020 but only has a decision to approve the environmental impact assessment report, not a successful environmental license is required. As prescribed by law, an environmental permit must be obtained within 36 months.

3. Penalties for construction projects that do not apply for an environmental protection permit

According to Clause 3, Article 15 of Decree 45/2022/ND-CP, in case establishments, production, business and service zones, industrial clusters or craft villages violate regulations on environmental protection, they will be punished. are punished as follows:

- Fine from 05 million VND - 10 million VND for: Failure to arrange personnel in charge of environmental protection according to regulations.

- Fine from 10 million VND to 20 million VND for:

• Failure to promulgate environmental protection regulations for industrial clusters in accordance with environmental protection requirements according to regulations.
• Do not propose to competent authorities to handle cases of detecting violations of the law on environmental protection by organizations or individuals.
• Failure to coordinate with competent authorities to organize the implementation of environmental protection activities, inspections and inspections of environmental protection for investment projects and facilities in industrial clusters according to regulations.

- Fine from 30 million VND to 50 million VND for:

• Not arranging the green area to ensure the ratio according to regulations.
• Do not arrange independent electricity meters at the centralized wastewater treatment plant.
• Do not arrange manholes to deposit sediment or separate oil scum from rainwater before discharging into the receiving environment.

Recording the operation log of the centralized wastewater treatment system is incomplete with one of the following contents:

(1) Flow (input, output), typical parameters of input and output wastewater (if any), amount of electricity consumed, type and amount of chemicals used, and generated sludge; Failure to keep a log of the operation of the centralized wastewater treatment system according to regulations;

- Fine from 50 million VND to 60 million VND for not having a logbook of operation of the centralized wastewater treatment system.

- Fine from 60 million VND to 100 million VND for: 

• Failure to complete the construction and installation of the rainwater collection and drainage system of the operating industrial cluster to meet environmental protection requirements.
• Failure to dredge, maintain and periodically maintain the rainwater and wastewater collection and drainage system according to regulations.
• There is no rainwater collection and drainage system according to the investment phases of the industrial cluster that is operating according to regulations.
• There is no separate rainwater collection and drainage system from the prescribed wastewater collection and drainage system.
• Accepting more or increasing the capacity of investment projects that generate wastewater in industrial clusters when there is no centralized wastewater collection, drainage and treatment system according to regulations.

- Fine from 100 million VND to 150 million VND for:

• Do not thoroughly collect and connect wastewater from establishments in industrial clusters into the centralized wastewater collection, drainage and treatment system according to regulations (except for cases where wastewater connection is exempted after processed to meet standards allowing discharge into the environment outside the management scope of the industrial cluster).
• Construction of a post-treated wastewater drainage system does not meet environmental protection requirements as prescribed.

- Fine from 150 million VND to 200 million VND for:

• Construction and installation of centralized wastewater treatment systems do not comply with regulations or do not meet environmental protection requirements as prescribed.
• Failure to complete the construction and installation of the wastewater collection, drainage and treatment system of the operating industrial cluster according to regulations.
• Failure to operate or improper operation of the industrial cluster's centralized wastewater treatment system according to regulations.

- Fine from 400 million VND to 500 million VND for:

• Construction, installation of equipment, pipes or other waste lines to discharge untreated waste into the environment.
• There is no centralized wastewater treatment system according to regulations.

In addition, remedial measures will be applied: Forced to demolish structures and equipment built in contravention of environmental protection regulations to discharge untreated waste into the environment and forced to pay back any profits. Legally obtained by performing acts of construction, installation of equipment, pipes or other waste lines to discharge untreated waste into the environment; do not build or install environmental protection works.

Above is important information surrounding construction permits. Hopefully these shares from Hung Nghiep Phu will help customers make the construction process more convenient.

Hung Nghiep Phu Construction Investment Company Limited - specializes in completing civil and industrial projects. We hope to be able to accompany customers in construction projects as well as legal procedures such as preparing planning documents, applying for construction permits, completing works, and applying for fire prevention and fighting certificates fire, etc. If you have any questions or are in need of designing and completing a project, please contact us immediately for a free consultation!

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Source: collected on the Internet