ENVIRONMENTAL LEGAL SYSTEM

NO 01 SAI GON JSC.

Khu dân cư An Bình, 60 Lê Thị Vân, An Bình, Biên Hòa, Đồng Nai

Vietnam English Nhật Trung
ENVIRONMENTAL LEGAL SYSTEM
16/03/2026 03:07 PM 369 Views

    I. ENVIRONMENTAL LEGAL DOCUMENTS

    1. Laws:

    • Law on Environmental Protection 2020 (No. 72/2020/QH14), effective from January 1, 2022;
    • Law amending and supplementing a number of articles of 15 laws in the field of agriculture and environment 2025 (No. 146/2025/QH15), effective from January 1, 2026.

    2. Decrees:

    • Decree No. 08/2022/ND-CP guiding the Law on Environmental Protection, effective from January 10, 2022;
    • Decree No. 45/2022/ND-CP on administrative penalties in the field of environmental protection, effective from August 25, 2022;
    • Decree No. 153/2024/ND-CP on environmental protection fees for emissions, effective from January 5, 2025;
    • Decree No. 05/2025/ND-CP dated January 6, 2025 amending Decree 08/2022/ND-CP, effective from January 6, 2025;
    • Decree No. 346/2025/ND-CP on environmental protection fees for wastewater, effective from January 1, 2026;
    • Decree No. 48/2026/ND-CP amending Decree 08/2022/ND-CP as amended by Decree 05/2025/ND-CP, effective from January 29, 2026.

    3. Circulars:

    • Circular No. 02/2022/TT-BTNMT guiding the Law on Environmental Protection, effective from January 10, 2022;
    • Circular No. 07/2025/TT-BTNMT amending Circular 02/2022/TT-BTNMT, effective from February 28, 2025;
    • Circular No. 09/2026/TT-BNNMT amending Circular 02/2022/TT-BTNMT as amended by Circular 07/2025/TT-BTNMT, effective from January 29, 2026.

    4. Vietnamese Technical Regulations:

    • QCVN 40:2025/BTNMT on industrial wastewater, effective from September 1, 2025;
    • QCVN 19:2024/BTNMT on industrial emissions, effective from July 1, 2025.

    II. LAW ON ENVIRONMENTAL PROTECTION

    This is the highest legal document in the environmental sector, stipulating:

    • Classification of projects by environmental impact levels (Group I, II, III, IV)
    • Environmental management instruments:
      • Environmental Impact Assessment (EIA)
      • Environmental Permit (EP)
      • Environmental Registration
      • Trial operation of waste treatment facilities
      • Environmental monitoring (automatic/continuous and periodic)

    III. IMPLEMENTING DECREES

    1. Decree 08/2022/ND-CP

    • Detailed guidance on the Law
    • List of projects subject to EIA, EP, or Environmental Registration

    2. Decree 05/2025/ND-CP

    • Amendments to Decree 08

    3. Decree 48/2026/ND-CP

    • Regulations on adjustment of Environmental Permits
    • Standardization of administrative procedures
    • Promotion of digitalization of environmental dossiers

    IV. IMPLEMENTING CIRCULARS

    1. Circular 02/2022/TT-BTNMT

    • Issuance of templates for EIA, EP, and Environmental Registration dossiers

    2. Circular 07/2025/TT-BTNMT

    • Amendment of templates under Circular 02

    3. Circular 09/2026/TT-BNNMT

    • Procedures for EIA appraisal
    • Issuance, adjustment, and re-issuance of Environmental Permits
    • Environmental monitoring
    • Issuance of implementation templates

    V. ENVIRONMENTAL PROCEDURES FOR PROJECTS

    Step 1: Project Identification and Classification

    • Determine project group (I, II, III, IV)
    • Identify applicable procedures: EIA, EP, or Environmental Registration

    Step 2: Preparation of Environmental Dossiers

    • Prepare dossiers according to prescribed templates
    • Submit to competent authorities for appraisal

    Step 3: Trial Operation

    • Inspection and trial operation of waste treatment facilities (if required)

    Step 4: Official Operation

    During operation, projects must:

    • Disclose environmental information:
      Within 10 days after approval or issuance
    • Disclose monitoring results:
      • Continuous monitoring: after 30 days
      • Periodic monitoring: within 10 days
    • Submit annual environmental reports: before January 15 of the following year
    • Declare environmental protection fees:
      • Wastewater: quarterly/yearly (if not connected to centralized system)
      • Emissions: quarterly/yearly
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