1. Legal Basis

• Law on Environmental Protection 2020 and Law No. 146/2025/QH15 (amending and supplementing a number of articles of the Law on Environmental Protection);
• Decree No. 08/2022/ND-CP; Decree No. 05/2025/ND-CP; and Decree No. 48/2026/ND-CP;
• Circular No. 02/2022/TT-BTNMT; Circular No. 07/2025/TT-BTNMT; and Circular No. 09/2026/TT-BNNMT.

2. Subjects Required to Obtain an Environmental Permit (EP)

(Pursuant to Article 39 of the Law on Environmental Protection 2020 and Clause 5, Article 74 of Decree No. 08/2022/ND-CP, as amended and supplemented by Decree No. 05/2025/ND-CP and Decree No. 48/2026/ND-CP)

2.1 Applicable Projects

Projects classified as Group I, II, or III (including projects in operation prior to January 1, 2022) that fall under the following cases:

• Generating wastewater, dust, or exhaust gases discharged into the environment requiring treatment;
• Importing scrap from foreign countries as production materials or providing hazardous waste treatment services.

2.2 Cases Requiring an Application for an Environmental Permit

Projects must prepare an application dossier for an Environmental Permit if they meet one of the following criteria:

• Domestic wastewater discharge ≥ 50 m³/day;
• Projects listed in Appendix II (high environmental pollution risk sectors) generating industrial wastewater discharged into the environment;
• Projects not listed in Appendix II but generating industrial wastewater discharge ≥ 10 m³/day;
• Total domestic and industrial wastewater discharge ≥ 50 m³/day;
• Exhaust gas emissions ≥ 5,000 m³/hour.

3. Timeframe for Issuance of Environmental Permits

(Clause 3, Article 18b of Circular No. 09/2026/TT-BNNMT)

• Not exceeding 32 days for permits issued at the ministerial level;
• Not exceeding 30 days for permits issued at the provincial level;
• 15 days for projects not subject to trial operation of waste treatment facilities.

4. Contents of an Environmental Permit

(Article 40 of the Law on Environmental Protection 2020)

An Environmental Permit shall include:

• Wastewater: sources, maximum discharge flow rate, discharge streams, pollutants and their limit values, discharge location, method, and receiving water body;
• Exhaust gas: sources, maximum emission flow rate, emission streams, pollutants, emission location, and method;
• Noise and vibration: sources and applicable limit values;
• Hazardous waste treatment systems: facilities, hazardous waste codes, and permitted treatment capacity;
• Imported scrap: types and quantities permitted for import (if applicable).

5. Validity of Environmental Permits

(Clause 4, Article 40 of the Law on Environmental Protection 2020)

• 07 years for Group I projects and projects in operation prior to January 1, 2022 with equivalent criteria;
• 10 years for other cases;
• The validity period may be shorter upon request of the project owner.

6. Competent Authorities for Issuance of Environmental Permits

(Article 41 of the Law on Environmental Protection; Clause 11, Article 1 of Law No. 146/2025/QH15; Article 26a of Decree No. 08/2022/ND-CP)

6.1 Ministerial Level Authority

The Ministry of Agriculture and Environment shall issue Environmental Permits for:

• Projects subject to Environmental Impact Assessment (EIA) approval by the Ministry;
• Facilities importing scrap for use as production materials;
• Facilities providing hazardous waste treatment services.

The Ministry of National Defense and the Ministry of Public Security shall issue permits for projects classified as state secrets.

6.2 Provincial Level Authority

• The Chairperson of the Provincial People's Committee shall issue Environmental Permits for all other projects.

6.3 Special Cases

The Government stipulates the permitting authority of provincial authorities for:

• Projects spanning two or more provinces;
• Projects located in marine areas without clearly assigned management responsibility.

6.4 Decentralization

The Ministry of Agriculture and Environment decentralizes permitting authority to provincial authorities for:

• Projects not subject to investment policy approval by the National Assembly or the Prime Minister (except solid waste recycling/treatment service projects);
• Projects involving land-use conversion in protected or environmentally sensitive areas but not under central approval authority;
• Hydropower projects not subject to central approval authority;
• Crude oil and natural gas exploitation projects.

7. Timing for Obtaining Environmental Permits

(Article 42 of the Law on Environmental Protection 2020)

• Projects requiring an EIA must obtain an Environmental Permit prior to the trial operation of waste treatment facilities;
• Projects not requiring an EIA must obtain an Environmental Permit prior to the issuance of decisions on mineral extraction, oil and gas exploitation, feasibility study approval, or investment approval;
• Projects in operation prior to January 1, 2022 that are under trial operation may:
  • Continue trial operation and obtain the permit after completion; or
  • Apply for the permit before the trial operation period expires;
• Projects in operation prior to January 1, 2022 must obtain an Environmental Permit before January 1, 2025, except where they already possess valid environmental approvals (e.g., certificates of completion of environmental protection works, hazardous waste treatment licenses, wastewater discharge permits, etc.).

👉 Such component permits may:

• Continue to be used as Environmental Permits until their expiry; or
• Remain valid until December 31, 2026 if no expiry date is specified.