Turnkey Environmental Permit Services for Businesses

Many businesses, unfamiliar with the legal requirements or struggling to prepare the application dossier, have launched their projects without an environmental permit, and are then penalized according to the severity of the violation. On this topic, Hop Nhat would like to share key information about the environmental permit under the new regulations, along with solutions to help businesses overcome these difficulties.

1. What is an environmental permit?

An environmental permit is a permit issued by a competent state authority to industrial facilities to define the environmental limits set by the state. The environmental permit is also a tool that allows state authorities to control and adjust the volume of waste generated, so as to control pollution effectively and to maintain and protect environmental quality targets.

1.1. New regulations on environmental permits

The Law on Environmental Protection 2020 (effective from 01.01.2022) has "integrated" 7 types of component environmental permits into a single permit known as the "environmental permit". The new environmental permit makes it easier for the state to manage businesses, while helping businesses cut down on administrative procedures, costs, travel and the time spent waiting for paperwork.

1.2. Who must obtain an environmental permit?

Under Article 39 of the Law on Environmental Protection 2020, the following groups must obtain an environmental permit:

• Group I – Investment projects with a high risk of adverse environmental impact;
• Group II – Investment projects with a risk of adverse environmental impact;
• Group III – Investment projects with a low risk of adverse environmental impact.

1.3. Procedures and dossier for an environmental permit application

Under Clause 1, Article 43 of the Law on Environmental Protection 2020, the environmental permit application dossier includes: 

• A written request for an environmental permit (according to Appendix XIII, Decree 08);
• A report proposing the issuance of the environmental permit; 
• Other legal and technical documents of the project owner or the production, business or service facility.

1.4. How much does an environmental permit cost?

Under Article 3 of Circular 02/2022/TT-BTC, the appraisal fee for an environmental permit is set as follows:

• For Group I investment projects: VND 50 million per permit (except for the projects or facilities specified in points 2 and 3)
• For Group II investment projects, projects located in 02 or more provinces, or projects in sea areas where management responsibility of the provincial People's Committee has not been determined: VND 45 million per permit.

1.5. How long is an environmental permit valid?

Under Clause 4, Article 40 of the Law on Environmental Protection 2020, the validity of an environmental permit is as follows:

• 07 years for Group I investment projects;
• 07 years for production, business and service facilities, concentrated production and service zones, and industrial clusters that were in operation before the Law on Environmental Protection 2020 took effect and meet the environmental criteria of Group I investment projects;
• 10 years for all other cases.

*Note: The validity of an environmental permit may be shorter than the statutory term at the request of the project owner or facility.

1.6. Step-by-step process for obtaining an environmental permit

The environmental permit application process is as follows:

• Submission: The project owner submits the environmental permit application dossier to the competent authority. (The dossier can be submitted in person, by post or electronically through the online public service system.)
• Receipt, checking and review of the dossier: The authority competent to issue the environmental permit is responsible for receiving the dossier and checking its completeness and validity; publicly disclosing the content of the permit application report; consulting and collecting opinions from relevant agencies; and inspecting the investment project on site.
• Dossier appraisal: The competent authority sets up an appraisal council and an inspection team as prescribed.
• Return of results: Within the prescribed time from the date the permit is received from the competent authority, the receiving agency notifies the applicant organization or individual to fulfil their financial obligations and collect the environmental permit.

1.7. How long does it take to obtain an environmental permit?

2. Penalties for operating without an environmental permit

The Government issued Decree 45/2022/ND-CP on 07.07.2022 on administrative penalties for violations in the field of environmental protection. Under this decree, environmental permits will be strictly enforced going forward. Businesses should therefore prepare thoroughly from now on so that their projects can operate without disruption. The penalties are listed below. (Under Article 14, Decree 45/2022/ND-CP.)

2.1 Can an expired wastewater discharge permit be renewed?

The Law on Environmental Protection 2020 (effective from 01.01.2022) has integrated 7 types of component environmental permits (including the wastewater discharge permit) into a single permit called the environmental permit. Accordingly, an operating project whose discharge permit has expired cannot have it renewed and must apply for an environmental permit instead.

2.2 Challenges businesses face when applying for an environmental permit on their own

An environmental permit can be issued for each work item or phase of a project. Many businesses are now about to start, or are already in, operation without a permit for a variety of reasons, such as:

• Difficulty determining the environmental permit procedure that applies to their project;
• Lack of environmental expertise, so they do not know how to provide appropriate explanations;  
• Not enough time to follow the process from start to finish and liaise and work with state authorities;
• Getting stuck during dossier preparation, which prolongs the whole process;

That is why businesses should seek support from a consultancy specializing in environmental compliance: with their experience, they can prepare the dossier quickly, respond appropriately to questions from state authorities and, in particular, support the business in receiving inspection teams throughout its operation.

3. Solving environmental permit challenges for businesses

Founded in 2013, Hop Nhat Environment is a consultancy specializing in environmental compliance dossiers. We help businesses obtain environmental permits quickly and resolve difficulties with procedures and paperwork.

3.1 Environmental permit services at Hop Nhat

Reliable - Dedicated - Fast - Professional - Reasonable Cost!

3.2 A team of experienced experts

• Hop Nhat has a team of environmental experts with 10 years of experience, properly qualified in their field and with an in-depth understanding of the law;
• When clients provide documents and describe the issues they are facing, Hop Nhat's lawyers analyze, assess and advise on a complete dossier suited to the business;
• Working with the authorities on the client's behalf to process the dossier; 
• Representing the client in tracking the dossier and reporting the results;
• Collecting the environmental permit from the competent authority for the client.

3.3 A strong track record with many completed projects

Over the years, Hop Nhat has earned the trust of many clients. We have prepared environmental permits for many organizations, such as

• Port and wharf companies;
• Real estate companies;
• Pharmaceutical companies;
• Tourism companies;
• Hospitals;
• Manufacturing companies;
• And many other sectors.

>>> See some of the wastewater treatment, exhaust gas treatment, water supply and other projects carried out by Hop Nhat in the ENVIRONMENTAL PROJECT LIST

3.4 Reasonable, competitive pricing

We are committed to offering clients competitive turnkey service fees and minimizing unnecessary additional costs, giving clients peace of mind throughout project implementation and operation.

With these strengths, United Construction and Environment Technology Joint Stock Company has earned the trust of a great many clients. We constantly strive to deliver quality services to our clients.

Thank you for accompanying Hop Nhat all this time. If you need support preparing an environmental permit under the Law on Environmental Protection 2020, please contact us using the information below:

United Construction and Environment Technology Joint Stock Company

• Ho Chi Minh City: 965/16/23L Quang Trung, An Hoi Tay Ward, Ho Chi Minh City
• Gia Lai Branch: Nguyen Quy Duc Street, Quy Nhon Dong Ward, Gia Lai Province
• Ca Mau Branch: No. 8, Nguyen Van Troi Street, Tan Thanh Ward, Ca Mau Province
• Hotline: 0938 857 768 - 0938 089 368.

Sample environmental permit application form

Hop Nhat shares the sample environmental permit application form below. You can view it directly on the website or download it.

Legal basis: the Law on Environmental Protection 2020 and Decree 08/2022/ND-CP.

>>>Download the sample environmental permit application form Here

Environmental permit overview document 2022

This article uses legal documents and reference information from various sources. If you find any errors or have suggestions, please email congthongtin@moitruonghopnhat.com so we can make corrections promptly. Thank you!

For full details, please call our Hotline 0938.857.768 for dedicated advice!