HANDBOOK ON UPDATED ENVIRONMENTAL PROCEDURES IN VIETNAM

1. KEY LEGAL BASES

– Laws & Resolutions: Law on Environmental Protection No. 72/2020/QH14; Law No. 146/2025/QH15 amending 15 laws in agriculture and environment; Resolution No. 66.19/2026/NQ-CP on administrative simplification and decentralization under the Ministry of Agriculture and Environment.

– Decrees & Circulars: Decree No. 08/2022/ND-CP, Decree No. 48/2026/ND-CP; Circular No. 02/2022/TT-BTNMT, Circular No. 07/2025/TT-BTNMT, Circular No. 09/2026/TT-BNNMT; Decree No. 45/2022/ND-CP on administrative sanctions in environmental protection.

2. 04 CORE ENVIRONMENTAL PROCEDURES

Criteria	Preliminary EIA	Environmental Impact Assessment	Environmental License	Environmental Registration
Concept	Identification of key environmental issues during pre-feasibility study or project proposal stage.	Comprehensive analysis, forecast of environmental impacts, and mitigation measures.	Legal permit authorizing waste discharge and waste management under statutory environmental conditions.	Mandatory registration of waste discharge and environmental protection commitments with authorities.
Target Entities	Group I investment projects only (high pollution risk, environmentally sensitive, large-scale resettlement).	• All Group I projects. • Group II projects with environmentally sensitive factors. (Streamlined under Res. 66.19).	Group I, II, and III projects generating wastewater/exhaust gas reaching regulated thresholds; scrap importers; hazardous waste treaters.	Projects/establishments generating waste that are exempt from obtaining an Environmental License.
Timing of Execution	Pre-feasibility study phase; prior to in-principle investment approval.	Project preparation phase; prior to project approval or construction licensing.	• Projects subject to EIA: Before trial operation. • Projects exempt from EIA: Before construction licensing or operation.	• Projects subject to EIA: Before official commercial operation. • Projects exempt from EIA: Before construction licensing or discharge.
Key Contents	Planning compliance, sensitive factors, preliminary analysis of technology, scale, and location.	Baseline environmental survey, waste load assessment, mitigation facilities, community consultation.	Permitted discharge flow rates, pollutant limits, applicable standards, monitoring requirements.	Production scale, type/volume of waste generated, self-treatment measures, and commitments.
Competent Authority	–	• Ministry of Agriculture & Environment (MAE): Large, inter-provincial, or high-risk projects. • Provincial People’s Committee: Majority of remaining projects.	• MAE: Scrap import, inter-provincial hazardous waste management. • Provincial People’s Committee: Most local investment projects.	• Provincial PPC: Wastewater  or exhaust gas .   • Commune-level PPC: Below the above thresholds.
Validity / Timeframe	–	Valid throughout project life (updated/superseded if phased).	07 years (Group I) or 10 years (others); Expedited online issuance: 15 working days.	Retains full legal validity and recorded in the National Environmental Database.

3. KEY REFORMS FOR ENTERPRISES

– Comprehensive Decentralization to Provincial Authorities: Broad delegation of EIA appraisal and Environmental License issuance powers from the Ministry down to the Chairperson of the Provincial People’s Committee.

– Flexible Integration and Segregation Mechanism: Projects by the same investor, at the same location, or sharing waste treatment facilities can be integrated into a single Environmental License; phased projects can prepare EIAs stage by stage.

– Fast-track Online Procedure: Licensing turnaround reduced to only 15 working days via public administrative portals for projects not requiring trial operation of waste treatment facilities.

4. COMMON ADMINISTRATIVE SANCTIONS (Decree No. 45/2022/ND-CP)

– Failure to conduct EIA: Fines from VND 150,000,000 to 250,000,000; suspension of project construction for 06 to 12 months.

– Operating without an Environmental License: Fines from VND 30,000,000 to 220,000,000; suspension of waste discharge activities for 03 to 06 months.

– Illegal waste discharge / Bypassing treatment facilities: Fines from VND 400,000,000 to 1,000,000,000; revocation of the license or operational suspension up to 12 months.

– Failure to complete Environmental Registration: Fines from VND 3,000,000 to 30,000,000 depending on the project’s corresponding EIA approval tier.

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