Circular No. 09/2026/TT-BNNMT amends and supplements certain Articles of Circular No. 02/2022/TT-BTNMT dated January 10, 2022, issued by the Minister of Natural Resources and Environment detailing the implementation of certain provisions of the Law on Environmental Protection amended and supplemented by Circular No. 07/2025/TT-BTNMT dated February 28, 2025, and Circular No. 07/2025/TT-BNNMT dated June 16, 2025.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 02/2022/TT-BTNMT dated January 10, 2022 issued by the Minister of Natural Resources and Environment
ngày 10 tháng 01 năm 2022 của Bộ trưởng Bộ Tài nguyên và Môi trường providing detailed regulations on implementation of certain Articles of the Law on Environmental Protection amended and supplemented by Circular No. 07/2025/TT-BTNMT dated February 28, 2025 and Circular No. 07/2025/TT-BNNMT dated June 16, 2025

Pursuant to the Law on Environmental Protection No. 72/2020/QH14 amended and supplemented by Law No. 11/2022/QH15, Law No. 16/2023/QH15, Law No. 18/2023/QH15, Law No. 47/2024/QH15, Law No. 54/2024/QH15, and Law No. 146/2025/QH15;

Pursuant to the Law on Issuance of Normative Legal Documents No. 64/2025/QH15 amended and supplemented by Law No. 87/2025/QH15;

Pursuant to Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection amended and supplemented by Decree No. 05/2025/NĐ-CP dated January 6, 2025 and Decree No. 48/2026/NĐ-CP dated January 29, 2026;

Pursuant to Decree No. 78/2025/NĐ-CP dated April 1, 2025 of the Government detailing certain provisions and measures for organizing and guiding the implementation of the Law on Issuance of Normative Legal Documents amended and supplemented by Decree No. 187/2025/NĐ-CP dated July 1, 2025;

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 21/2025/QĐ-TTg dated July 4, 2025 of the Prime Minister stipulating environmental criteria and procedures for confirming green investment projects;

"a) State agencies, organizations, and individuals owning power plants operating within the territory of the Socialist Republic of Vietnam connected to the national power grid, except strategic multi-purpose hydropower plants, small renewable energy power plants applying the avoided cost tariff, power plants and units providing ancillary services, independently invested energy storage systems, and power plants applying the electricity purchase price mechanism as stipulated in relevant authorized documents;" Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…environment,

Minister of XXI and the Ministry of Agriculture and Rural Development issues this Circular amending and supplementing certain Articles of Circular No. 02/2022/TT-BTNMT dated January 10, 2022 issued by the Minister of Natural Resources and Environment providing detailed regulations on implementation of certain Articles of the Law on Environmental Protection amended and supplemented by Circular No. 07/2025/TT-BTNMT dated February 28, 2025 and Circular No. 07/2025/TT-BNNMT dated June 16, 2025.

Article 1. Amending and supplementing Article 1

"Article 1. Scope of Regulation

This Circular provides detailed regulations on implementation of certain Articles of the Law on Environmental Protection amended and supplemented by the Law amending and supplementing certain provisions of 15 laws in the field of agriculture and environment, Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection amended and supplemented by Decree No. 05/2025/NĐ-CP dated January 6, 2025 and Decree No. 48/2026/NĐ-CP dated January 29, 2026, including:

1. Detailed regulations on implementing point a, Clause 2 and point b, Clause 3, Article 8; Clause 7, Article 10; point a, Clause 1, Article 19; Clause 2, Article 24; Clause 3, Article 27; Clause 2, Article 32; Clause 3, Article 34; Clause 5, Article 40; Clause 3, Article 43; Clause 9, Article 49; Clause 4, Article 62; Clause 8, Article 67; Clause 6, Article 72; Clause 2, Article 76; Clause 5, Article 78; Clause 5, Article 79; Clause 4, Article 80; Clause 4, Article 81; Clause 5, Article 83; Clause 4, Article 84; Clause 6, Article 86; point b, Clause 1 and point b, Clause 2, Article 115; Clause 5, Article 118; Clause 5, Article 119; Clause 5, Article 120; Clause 7, Article 126 and Clause 6, Article 148 of the Law on Environmental Protection amended and supplemented by the Law amending and supplementing certain provisions of 15 laws in the field of agriculture and environment.

2. Detailed regulations on implementing point d, Clause 2, Article 15; point d, Clause 2, Article 16; Clause 5, Article 17; Clause 3, Article 18; Clause 7, Article 19; Clause 2, point a, Clause 6 and point a, Clause 8, Article 21; point b, Clause 3, Article 26; Clause 16, Article 30; Clause 6, point b, Clause 7, Clause 11 and Clause 12, Article 31; Clause 9, Article 36; point a, Clause 3, Article 37; Clause 5, Article 40; Clause 10, Article 45; point b, Clause 2 and point b, Clause 3, Article 54; point đ, Clause 2, Article 58; point a and point c, Clause 4, Article 65; Clause 1 and Clause 3, Article 66; Clause 2 and Clause 3, Article 67; Clause 2, Article 69; Clause 4, Article 71; point c, Clause 2, Article 76; Clause 1, Article 80; point a, Clause 3, Article 81; Clause 1, Article 84; Clause 5, Article 93; Clause 6, Article 94; Clause 6 and Clause 8, Article 96; point d, Clause 4, point a, Clause 6 and point c, Clause 7, Article 97; point c, Clause 5, point a, Clause 7 and point c, Clause 8, Article 98; Clause 4, Article 104; Clause 6, Article 105; Clause 1, Article 107; point a, Clause 2, Article 111; Clause 4, Article 125; Clause 7, Article 127; Clause 1, Article 145; Clause 2, Article 154; Clause 6, Article 147 and point b, Clause 4, Article 163; point d, Clause 14, Article 168 of Decree No. 08/2022/NĐ-CP amended and supplemented by Decree No. 05/2025/NĐ-CP dated January 6, 2025 and Decree No. 48/2026/NĐ-CP dated January 29, 2026."

Article 2. Amending and supplementing Article 5

"Article 5. Protection of underground water environment

1. The protection of the underground water environment during activities of exploration and exploitation of underground water shall be carried out in accordance with the provisions set forth in Section 3 Chapter IV Circular No. 03/2024/TT-BTNMT dated May 16, 2024 of the Minister of Natural Resources and Environment detailing certain provisions of the Water Resources Law amended and supplemented by Circular No. 06/2026/TT-BNNMT dated January 17, 2026.

2. The monitoring and supervision of the quality of underground water during activities of exploiting underground water shall be carried out in accordance with the provisions set forth in Decree No. 53/2024/NĐ-CP dated May 16, 2024 of the Government detailing certain provisions of the Water Resources Law amended and supplemented by Decree No. 23/2026/NĐ-CP dated January 17, 2026.

3. Organizations, community groups, households, and individuals causing pollution to the underground water environment shall have the responsibility to implement management and treatment measures for wastewater and solid waste, and other environmental protection measures to prevent the spread of pollutants into the underground water environment in accordance with regulations on the management and treatment of wastewater and solid waste and relevant laws."

Article 3. Amending the name of Article 13 and amending and supplementing some clauses of Article 13

1. Amend the name of Article 13 as follows:

“Article 13. Organization and operation of the review board for plans to rehabilitate and restore the environment in mineral extraction activities”.

2. Amend and supplement Clause 1 as follows:

"1. The review board for plans to rehabilitate and restore the environment in mineral extraction has the responsibility to advise the head of the reviewing agency and the authorized reviewer; it shall be responsible before the reviewing agency, the authorized reviewer, and the law regarding the results of the review."

3. Amend and supplement Clause 4 as follows:

"4. Members of the review board participating in formal meetings of the review board shall have the responsibility to write comments according to Model No. 15 and the review form according to Model No. 16 attached as Appendix II of this Circular and submit them to the board at the meeting. Members of the review board who are absent may send their comments before the formal meeting of the board and such comments shall be considered as opinions of members attending the formal meeting but without filling out the review form. Members of the board representing agencies or organizations shall comment and evaluate the content of the rehabilitation and restoration plan related to the scope of management of those agencies or organizations."

4. Amend and supplement Clause 6 as follows:

"6. The chairman, vice-chairman (if any), and secretary of the review board must be civil servants of the reviewing agency or civil servants of specialized agencies under the reviewing agency. The chairman of the board (or the vice-chairman authorized by the chairman in case the chairman is absent) and the secretary of the board shall be responsible for signing the minutes of the review board meeting."

5. Amend and supplement Clause 7 as follows:

"7. Members of the review board shall be responsible before the reviewing agency, the authorized reviewer, and the law regarding their comments and evaluations of the rehabilitation and restoration plans; they shall be provided with meeting materials at least three days prior to the review board meeting; they shall be entitled to remuneration as prescribed by law."

Article 4. Supplement Article 13a following Article 13

"Article 13a. Organization of review of environmental impact assessment reports

1. The reviewing agency, person with authority to review shall organize the review of environmental impact assessment reports through the following activities:

a) Reviewing the compliance of the project with laws on environmental protection;

b) Establishing a review board, except in cases provided for in point c of this clause;

c) Approving the list of experts whose opinions will be sought for special public investment projects in accordance with laws on public investment;

d) Conducting on-site surveys of the project implementation area in accordance with Clause 4 of this Article;

đ) Soliciting opinions from relevant agencies and organizations (if applicable);

e) Organizing meetings of the review board or soliciting opinions from experts in cases provided for in point c of this clause;

g) Issuing a notification document announcing the results of the review.

2. The time limit for organizing the review of environmental impact assessment reports shall be calculated from the date of receipt of complete and valid files and shall be stipulated as follows:

a) Not exceeding thirty days for group I investment projects as defined in Clause 3 of Article 28 of the Environmental Protection Law;

b) Not exceeding twenty days for group II investment projects as defined in points c, d, đ and e of Clause 4 of Article 28 of the Environmental Protection Law;

c) Not exceeding ten days for projects reviewed according to the form prescribed in point c of Clause 1 of this Article;

d) Within the time limits specified in points a, b and c of this clause, the reviewing agency, person with authority to review shall have the responsibility to notify the investor in writing about the results of the review in accordance with point g of Clause 1 of this Article.

3. The content of the review of environmental impact assessment reports includes:

a) Compliance with environmental protection planning, environmental protection content in regional planning, provincial planning in cases where the project does not fall under the category requiring preliminary environmental impact assessment; compliance with laws on environmental protection;

b) Compliance of environmental impact assessment methods; methods for assessing impacts on riverbeds, banks, and shores (for projects falling under the category requiring assessment of impacts on riverbeds, banks, and shores as prescribed by laws on water resources) (if applicable); other methods used (if applicable);

c) Compliance with the identification, determination of technology, construction works, and activities of the project that may adversely affect the environment; construction works, and activities of the project that may affect riverbeds, banks, and shores (for projects falling under the category requiring assessment of impacts on riverbeds, banks, and shores as prescribed by laws on water resources) (if applicable); activities of filling up rivers, streams, canals, ditches, creeks but with measures to mitigate (without hindering flood discharge, water flow, water exploitation, and utilization) as prescribed by laws on water resources (if applicable);

d) Compliance of current environmental status assessment results, biodiversity; current status of riverbeds, banks, and shores affected (for projects falling under the category requiring assessment of impacts on riverbeds, banks, and shores as prescribed by laws on water resources) (if applicable); current status of rivers, streams, canals, ditches, creeks filled up (if applicable); identification of affected objects, sensitive environmental factors at the project site (if applicable);

đ) Compliance of results of identifying, forecasting major impacts, waste generated from the investment project on the environment; impacts on riverbeds, banks, and shores (for projects falling under the category requiring assessment of impacts on riverbeds, banks, and shores as prescribed by laws on water resources) (if applicable); impacts of activities of filling up rivers, streams, canals, ditches, creeks but with measures to mitigate (without hindering flood discharge, water flow, water exploitation, and utilization) as prescribed by laws on water resources (if applicable); forecasting environmental incidents; forecasting impacts on riverbeds, banks, and shores (for projects falling under the category requiring assessment of impacts on riverbeds, banks, and shores as prescribed by laws on water resources) (if applicable); forecasting impacts of activities of filling up rivers, streams, canals, ditches, creeks but with measures to mitigate (without hindering flood discharge, water flow, water exploitation, and utilization) as prescribed by laws on water resources (if applicable);

e) Compliance and feasibility of environmental protection works, remediation and restoration plans (if applicable); biodiversity compensation plans (if applicable); implementation plans, requirements, and conditions for protecting, preventing, and controlling erosion of riverbeds, banks, and shores (for projects falling under the category requiring assessment of impacts on riverbeds, banks, and shores as prescribed by laws on water resources) (if applicable); measures to mitigate (without hindering flood discharge, water flow, water exploitation, and utilization) for activities of filling up rivers, streams, canals, ditches, creeks as prescribed by laws on water resources (if applicable); plans for prevention and response to environmental incidents; plans for prevention and response to impacts on riverbeds, banks, and shores (for projects falling under the category requiring assessment of impacts on riverbeds, banks, and shores as prescribed by laws on water resources) (if applicable); plans for prevention and response to impacts due to activities of filling up rivers, streams, canals, ditches, creeks as prescribed by laws on water resources (if applicable);

g) Compliance of the investment project meeting environmental criteria as prescribed to be recognized as a green investment project (in cases where recognition of the investment project as a green investment project is requested in accordance with Decision No. 21/2025/QĐ-TTg dated July 4, 2025 of the Government Chairman stipulating environmental criteria and recognition of investment projects in the green classification directory (hereinafter referred to as Decision No. 21/2025/QĐ-TTg));

h) Compliance of environmental management and monitoring programs; completeness and feasibility of the investor's environmental protection commitments.

4. On-site surveys of the project implementation area shall be conducted as follows:

a) The competent authority or the specialized agency of the competent authority or the specialized agency assigned by the authorized authority to organize on-site surveys in the area where the project is expected to be implemented, except in cases provided for in points b and c of this clause;

b) For investment projects within production, business, service zones, industrial clusters organized for assessment by the Ministry of Agriculture and Environment, the assessment agency shall not organize on-site surveys and shall issue a written request to the management board of the production, business, service zone (for projects within production, business, service zones) or the People's Committee of the commune (for projects within industrial clusters) where the project is being implemented to provide information in writing or directly at the meeting of the council regarding the current status of the project implementation area;

c) Projects that do not organize on-site surveys include: Public investment projects as prescribed by laws on public investment; oil and natural gas exploitation projects offshore; telecommunications infrastructure construction or power transmission line projects; projects implemented in areas affected by epidemics, natural disasters, or abnormal weather conditions during the assessment period; other projects decided by the assessment agency or the authorized authority upon examination;

5. The assessment agency or the authorized authority shall consider the results of the assessment council or the opinions of experts, and the opinions of related agencies or organizations (if any) as the basis for issuing a notification of the assessment results of the environmental impact assessment report of the investment project, except when the assessment council or all experts through the environmental impact assessment report do not require any amendments or supplements;

6. The submission of application files for the assessment of the environmental impact assessment report can be done directly, via postal services, or electronically through online public service systems;

7. Application files for the assessment of the environmental impact assessment report include:

a) A request for the assessment of the environmental impact assessment report;

b) The environmental impact assessment report of the investment project.";

Article 5. Supplement Article 13b following Article 13a;

"Article 13b. Organize the assessment of the environmental impact assessment report in the form of an assessment council; SOVEREIGN hội đồng thẩm định

1. The assessment council of the environmental impact assessment report is responsible for advising the head of the assessment agency or the authorized authority; it is accountable to the assessment agency, the authorized authority, and the law for the assessment results;

2. The assessment agency or the authorized authority issues a decision to establish the assessment council; sends the decision to establish the council along with the environmental impact assessment report to each member of the council. The assessment council has a chairman, vice-chairman (if any), secretary member, two opposing members, and other members. The chairman, vice-chairman (if any) of the assessment council, and the secretary member of the assessment council must be civil servants of the assessment agency or civil servants of the specialized agency under the assessment agency. The chairman of the council (or the vice-chairman of the council authorized by the chairman in case the chairman is absent), and the secretary member have the responsibility to sign the minutes of the council meetings;

3. Experts who are members of the council must have expertise in environmental matters or other fields related to the investment project. Experts involved in the environmental impact assessment of the investment project shall not participate in the assessment council of the environmental impact assessment report of that project;

4. Representatives participating in the council meeting shall be determined by the assessment agency or the authorized authority in necessary cases. Representatives may express their opinions during council meetings, subject to the control of the session chairperson, and are entitled to remuneration as prescribed by law;

5. An official session of the assessment council can only be held when the following conditions are met:

a) At least two-thirds (two-thirds) of the council members must participate in the session (either in person or online), including the chairman or the authorized vice-chairman (hereinafter referred to as the session chairperson), the secretary member, and at least one opposing member;

b) There must be participation from a representative of the project investor with appropriate authority;

c) The project investor has paid the assessment fee for the environmental impact assessment report as prescribed by law;

6. The assessment council operates based on the principle of open discussion among council members and between the council and the project investor through formal sessions and specialized sessions decided by the session chairperson in necessary cases. Members representing agencies or organizations must have a written dispatch from their respective agencies or organizations;

For investment projects involving wastewater discharge into waterworks under the management responsibility of the Ministry of Agriculture and Environment, there must be a member representing the agency or unit performing advisory functions for state management of waterworks under the Ministry of Agriculture and Environment;

For investment projects involving wastewater discharge into waterworks under local management, there must be a member representing the specialized agency on agriculture and environment of the provincial People's Committee;

7. Members of the assessment council participating in the official session of the council are responsible for writing comments according to Model No. 06 and the assessment form according to Model No. 07 of Appendix II issued together with this Circular and sending them to the council during the session. Absent members may submit their comments before the official session of the council and such comments will be considered as those of members attending the official session but without filling out the assessment form. Members representing agencies or organizations are responsible for commenting and evaluating the content of the environmental impact assessment report of the investment project related to the scope of management of their respective agencies or organizations.

For investment projects involving the discharge of wastewater into irrigation works, the opinion of the member representing the agency or unit under the Ministry of Agriculture and Rural Development responsible for advising on state management functions related to irrigation or the specialized agency of the provincial People's Committee on agriculture and environment must clearly indicate whether they agree or disagree with the discharge of wastewater into the irrigation works; in case of disagreement, the appraisal body or person authorized to appraise shall organize the collection of opinions from the aforementioned agencies or units regarding their agreement or disagreement with the discharge of wastewater into the irrigation works before approving the results of the environmental impact assessment report of the investment project as stipulated in Article 16 of this Circular.

8. Members of the appraisal council are responsible to the appraisal body, the person authorized to appraise, and the law for their comments and evaluations on the environmental impact assessment report; they shall be provided with the environmental impact assessment report at least three days prior to the meeting of the appraisal council; they shall be entitled to remuneration as prescribed by law.

9. The results of the appraisal by the appraisal council are defined as follows:

a) Approved without need for revision or supplementation: all members of the appraisal council attending the meeting have approved the report without need for revision or supplementation;

b) Not approved: more than one-third (one third) of the members attending the meeting have not approved the report;

c) Approved subject to revision or supplementation: not falling within the cases specified in points a and b of this clause.”

Article 6. Supplement Article 13c following Article 13b

"Article 13c. Organization of Appraisal of Environmental Impact Assessment Report through Expert Opinion Solicitation

1. The appraisal body, the person authorized to appraise, issues a decision to approve the list of experts for soliciting opinions on appraisal, including at least three experts as prescribed in Model No. 03a Appendix II issued together with this Circular. Experts solicited for opinions must meet the requirements stipulated in Clause 3 of Article 13b of this Circular.

2. Experts solicited for opinions have the responsibility to write comments according to the provisions in Model No. 06 Appendix II issued together with this Circular (indicating one of the three levels: approved without need for revision or supplementation; approved subject to revision or supplementation; not approved) and submit it to the appraisal body, the person authorized to appraise within three days from the date of receipt of the environmental impact assessment report. Experts are responsible to the appraisal body, the person authorized to appraise, and the law for their comments and evaluations on the environmental impact assessment report; they shall be entitled to remuneration as prescribed by law. Experts solicited for opinions must meet the requirements stipulated in Clause 3 of Article 13b of this Circular.

3. The appraisal of the environmental impact assessment report through expert opinion solicitation must satisfy the condition that at least two-thirds (two thirds) of the number of experts provide comments and submit them to the appraisal body, the person authorized to appraise, as stipulated in Clause 2 of this Article. The results of the appraisal through expert opinion solicitation are defined as follows:

a) Approved without need for revision or supplementation: all experts have opinions approving the report without need for revision or supplementation;

b) Not approved: more than one-third (one third) of the experts have opinions not approving the report;

c) Approved subject to revision or supplementation: not falling within the cases specified in points a and b of this clause.”

Article 7. Supplement Article 13d following Article 13c

“Article 13d. Approving the results of environmental impact assessment reports

1. The competent authority for review, the person with the authority to review shall issue a decision approving the results of the environmental impact assessment report in cases where the review results are approved without requiring amendments or supplements within seven days from the date of convening the review council meeting or from the date of completion of expert opinions solicitation.

2. Within twelve months from the effective date of the notification document on the approval of the environmental impact assessment report subject to amendments or supplements, the project investor is responsible for resubmitting the amended and supplemented environmental impact assessment report according to the requirements of the competent authority for review, the person with the authority to review for approval of the review results of the environmental impact assessment report. Beyond this period, the project investor must conduct a new environmental impact assessment and request a re-review in accordance with Article 13a of this Circular.

3. Within fifteen days from the date of receipt of the amended and supplemented environmental impact assessment report submitted by the project investor, the competent authority for review, the person with the authority to review shall issue a decision approving the review results of the environmental impact assessment report of the project; if not approved, they must respond in writing to the project investor and specify the reasons.

4. In cases where the investment project falls under the category that requires an assessment of impacts on riverbeds, riverbanks, or lake shores, or involves activities such as encroachment or filling of rivers, streams, canals, ditches, or creeks not prohibited by laws on water resources, the competent authority for review, the person with the authority to review shall direct the internal opinion solicitation from agencies or units providing advisory functions in state management of water resources regarding measures to mitigate risks of instability in riverbeds, riverbanks, or lake shores or the impacts of encroachment or filling activities proposed by the project investor as a basis for considering and approving the review results of the environmental impact assessment report of the project.

5. The issuance of the result of the administrative procedure for approving the review results of the environmental impact assessment report shall be carried out through direct delivery, postal service, or electronically via the online public service system.

Article 8. Amend and supplement Article 16

“Article 16. Soliciting opinions for approving the results of the review of environmental impact assessment reports for investment projects involving wastewater discharge into irrigation works

1. The project investor is responsible for consulting the competent authority for state management of irrigation works during the implementation of the environmental impact assessment process for projects discharging wastewater into irrigation works, in accordance with the Government's regulations.

If the response document from the competent authority for state management of irrigation works has agreed with the project investor on the discharge of wastewater into the irrigation work and contains all necessary information about the receiving irrigation work, the discharge location, the maximum discharge volume, applicable standards, or if at an official meeting of the review council, representatives of subordinate agencies or units performing advisory functions in state management of irrigation works under the Ministry of Agriculture and Environment or specialized agencies under provincial People's Committees have agreed with the discharge of wastewater into the irrigation work in accordance with Clause 7 of Article 13b of this Circular, then the competent authority for review, the person with the authority to review does not need to solicit further opinions during the approval process of the review results of the environmental impact assessment report for this content.

2. In cases where the competent authority for review is also the competent authority for state management of irrigation works, the competent authority for review, the person with the authority to review shall direct internal opinion solicitation among these agencies on their agreement or disagreement with the discharge of wastewater from the investment project into the irrigation work.

3. In cases where the competent authority for review is not the competent authority for state management of irrigation works, the competent authority for review, the person with the authority to review shall solicit opinions in writing from the competent authority for state management of irrigation works on their agreement or disagreement with the discharge of wastewater from the investment project into the irrigation work before approving the review results.

Within three days from the date of receipt of the opinion solicitation document from the competent authority for review, the person with the authority to review, the competent authority for state management of irrigation works is responsible for responding in writing on their agreement or disagreement with the discharge of wastewater into the irrigation work; if there is no written response beyond the opinion solicitation period, it will be considered as agreement. Opinion solicitation and response documents shall comply with Model No. 04b and Model No. 04c in Appendix II issued together with this Circular.

Article 9. Supplement Article 18a following Article 18

"Article 18a. Main contents of the report proposing issuance of environmental permit

1. Main contents of the report proposing issuance of environmental permit for investment projects that have had decisions approving the results of environmental impact assessment reports, including:

a) General information about the investment project: project name, investor; project location; type of production, business, service of the project; current land use status of the project; investment registration certificate (if any), enterprise registration certificate of the investor (if any); related environmental permits, project approval decisions, decisions approving the results of environmental impact assessment reports of the project and any change documents (if any); project implementation process; scale (classified according to criteria prescribed by laws on public investment), capacity, production technology, products, amount of electricity, water source and quantity used, wastewater discharge outlet, raw materials, fuel, materials, waste, chemicals used and other relevant information about the project; construction works, project components still to be implemented after obtaining the environmental permit (if any); contents of evaluation regarding the proposal to confirm the investment project as belonging to the green classification list;

b) The conformity of the investment project with environmental protection planning, provincial planning, environmental zones, and the environment's carrying capacity as decided by competent state agencies pursuant to point c, Clause 1, Article 42 of the Environmental Protection Law (if any);

c) Results of completing environmental protection works and measures (works handed over, accepted, and inspected between the investor, contractor, and construction supervision unit in accordance with laws on construction - not applicable in cases stipulated in Clause 10, Article 18b of this Circular): works and equipment for collecting and treating wastewater, dust, exhaust gas; works for storing and treating general industrial solid waste, household solid waste, hazardous waste; works and measures to reduce noise and vibration; works and measures to prevent and respond to accidents involving waste during trial operation and regular operation, and other environmental protection works. Key information includes: scale, capacity, operating procedures; chemicals, biological preparations used to treat wastewater; chemicals, catalysts used to treat dust and exhaust gas; integrated and modular waste treatment systems, automatic and continuous monitoring equipment (if required) and other treatment equipment; basic technical parameters; applicable environmental quality standards and technical regulations; generated waste, including: volume, types of waste (listed by waste code);

For centralized solid waste treatment projects and hazardous waste projects, it must clearly specify works and equipment for collecting and treating waste;

For investment projects using imported scrap materials from abroad as raw materials, which comply with the decision approving the results of environmental impact assessment reports, it must clearly specify storage conditions for imported scrap materials; recycling systems; impurity handling plans; plans for re-exporting scrap materials that do not meet national technical standards for imported scrap materials as raw materials; clearly specify plans, schedules, and phased reduction rates of imported scrap materials used as raw materials;

d) Plans, progress, and results of implementing rehabilitation and restoration plans, biodiversity compensation plans (if any);

đ) Contents changed compared to the decision approving the results of environmental impact assessment reports (if any), accompanied by an environmental impact assessment of these changes if they increase negative impacts on the environment but do not require a new environmental impact assessment;

e) Contents of the environmental permit application as prescribed in Clause 2, Article 40 of the Environmental Protection Law;

g) Plans, expected trial operation times for waste treatment works, accompanied by monitoring plans to assess the effectiveness of the works; plans to prevent and respond to waste accidents during trial operation and when the project enters regular operation;

h) Waste monitoring programs (automatic, continuous, and periodic) in accordance with laws and other environmental protection contents (if any);

i) Contents explaining how the investment project meets environmental criteria to be confirmed as belonging to the green classification list (for cases confirming investment projects as belonging to the green classification list as prescribed in Decision No. 21/2025/QĐ-TTg);

2. Main contents of the report proposing issuance of environmental permit for investment projects not subject to environmental impact assessments, including:

a) General information about the investment project: project name, investor; project location; type of production, business, service of the project; current land use status of the project; investment registration certificate (if any), enterprise registration certificate of the investor (if any); related environmental permits, project approval decisions, investment construction decisions for construction investment projects (not required for Group III investment projects), if any; scale (classified according to criteria prescribed by laws on public investment), capacity, technology, products, amount of electricity, water source and quantity used, wastewater discharge outlet, raw materials, fuel, materials, waste, chemicals used and other relevant information about the project; contents of evaluation regarding the proposal to confirm the investment project as belonging to the green classification list;

b) The conformity of the investment project with environmental protection planning, provincial planning, environmental zones, and the environment's carrying capacity as decided by competent state agencies pursuant to point c, Clause 1, Article 42 of the Environmental Protection Law (if any);

c) Evaluate the current environmental status at the location where the investment project is carried out for group II investment projects (excluding those within concentrated production, business, service areas, industrial clusters that are not required to be implemented), including: evaluation of the selection of production technology, waste treatment technology, and other environmental protection works; assessment and prediction of impacts from pollutant sources, noise, vibration; assessment and prediction of impacts of the investment project on biodiversity, natural heritage, water resources of hydraulic works (if applicable), flow, erosion, sedimentation, saltwater intrusion (if applicable).

For group III investment projects to implement: describe the current environmental status at the location where the investment project is carried out (excluding those within concentrated production, business, service areas, industrial clusters that are not required to be implemented); describe the proposed production technology.

d) Propose environmental works and measures to treat waste accompanied by explanations and design plans (basic design or construction drawing design for projects requiring only one-step design) of environmental protection works, integrated and compact waste treatment systems, automatic and continuous monitoring equipment (in cases where installation is required) and other treatment equipment; preventive and response plans for waste incidents during trial operation and formal operation; plans for construction, installation, operation, maintenance, and management of discharge facilities and waste treatment works, including budget estimates for construction works; generated wastes, including: quantity, types of waste (listed by waste code).

đ) Special environmental protection contents (for group II investment projects): For mineral extraction, waste disposal investment projects, the proposal report must include plans to rehabilitate and restore the environment. For investment projects involving riverbed, bank, and lake bed modification, construction of hydraulic works, sand and gravel extraction, and other mineral extraction activities in rivers, lakes, and water source protection zones that may cause instability in riverbeds, banks, and lake beds, the proposal report must include impact assessments and implementation plans to prevent and control riverbed, bank, and lake bed erosion. For investment projects causing loss or reduction in biodiversity, the proposal report must include biodiversity compensation plans (if applicable).

e) Contents of the environmental permit application as prescribed in Clause 2, Article 40 of the Environmental Protection Law;

g) Plans, expected trial operation times for waste treatment works, accompanied by monitoring plans to assess the effectiveness of the works; plans to prevent and respond to waste accidents during trial operation and when the project enters regular operation;

h) Waste monitoring program (automatic, continuous, and periodic) in accordance with laws and other environmental protection contents (if applicable).

i) Contents explaining how the investment project meets environmental criteria to be confirmed as belonging to the green classification list (for cases confirming investment projects as belonging to the green classification list as prescribed in Decision No. 21/2025/QĐ-TTg);

3. Main contents of the environmental permit application report for operating establishments, concentrated production, business, service areas, industrial clusters, expansion projects of operating establishments, concentrated production, business, service areas, industrial clusters, ongoing phased investment projects (hereinafter referred to collectively as the establishment when considering issuance of an environmental permit) and projects, establishments specified in point c, d clause 14 and point a clause 15 Article 168 Decree No. 08/2022/ND-CP amended and supplemented by Decree No. 05/2025/ND-CP and Decree No. 48/2026/ND-CP, including:

a) General information about the establishment: name of the establishment, owner; location of operation; type of production, business, service; current land use status of the establishment; design approval documents, various environmental-related permits, project approval decisions (if applicable); decision approving the results of the environmental impact assessment report and component environmental permit (if applicable); scale (classified according to criteria stipulated in laws on public investment); capacity, production technology, products, electricity consumption, water usage volume, wastewater receiving source, raw materials, fuel, materials, waste, chemicals used and other relevant information about the establishment; works and sub-works generating waste and environmental protection works still being implemented after obtaining the environmental permit (if applicable); contents evaluating the proposal to confirm the investment project as a green category.

b) Compliance of the establishment with environmental protection planning, provincial planning, environmental zoning, and the environment's carrying capacity as decided by competent state agencies under point c clause 1 Article 42 of the Environmental Protection Law (if applicable).

c) Generated wastes, including: solid waste quantities, types; air pollution dust, exhaust gas, noise, vibration parameters; wastewater flow, wastewater receiving source parameters; completed environmental protection works in accordance with point c clause 1 of this Article.

For centralized solid waste treatment establishments, hazardous waste must clearly specify collection and treatment works and equipment.

For establishments using imported scrap materials from abroad as production raw materials, which are consistent with the decision approving the results of the environmental impact assessment report (or equivalent documents to the decision approving the results of the environmental impact assessment report, including accompanying documents as prescribed by law), must clearly specify storage conditions for imported scrap materials, domestic scrap materials (if applicable); recycling equipment system; impurity handling plan; non-compliant scrap material re-export plan; clearly specify reduction plan, schedule, and roadmap for imported scrap material usage ratio.

d) Plans, progress, and results of implementing rehabilitation and restoration plans, biodiversity compensation plans (if applicable) for establishments with environmental criteria equivalent to group I or group II investment projects.

đ) Contents of changes compared to the decision approving the results of the environmental impact assessment report, component environmental permit, or environmental permit (if applicable) accompanied by an environmental impact assessment from these changes in cases where the changes increase negative environmental impacts but do not require a new environmental impact assessment.

e) Contents of the environmental permit application as prescribed in Clause 2, Article 40 of the Environmental Protection Law;

g) The results of environmental monitoring for the two most recent consecutive years (for facilities with environmental criteria equivalent to investment projects in Group I or Group II), or one year for the most recent consecutive year (for facilities with environmental criteria equivalent to investment projects in Group III) where environmental monitoring of waste must be carried out according to regulations, or the results of supplementary waste sample monitoring as provided for in Article 20 of this Circular where such monitoring is not required according to regulations;

h) Plans and expected operational testing times for waste treatment works (if there are waste treatment works that require trial operation), accompanied by waste monitoring plans to assess the effectiveness of the works; preventive and response measures for waste incidents during facility operations;

i) Results of the latest inspections and violations related to the environment by competent state agencies, along with decisions and conclusions (if any);

k) Waste monitoring programs (automatic, continuous, and periodic) as prescribed by law and other contents regarding environmental protection (if any);

l) Contents of the project proposal explaining how the investment project meets environmental criteria to be recognized as a green category project (in cases where recognition as a green category project is based on Decision No. 21/2025/QĐ-TTg);

4. Legal documents and technical files cited in the report proposing issuance, adjustment, or reissuance of environmental permits are not necessarily submitted with the application but the investor and facility must bear responsibility for their legal validity, reliability, accuracy, and truthfulness as prescribed by law. The investor and facility are responsible for providing these documents at the meeting of the evaluation board or inspection team for environmental permits when requested.

Article 10. Supplement Article 18b following Article 18a

"Article 18b. Documents, procedures, and formalities for issuing environmental permits

1. The application for an environmental permit includes:

a) A request for an environmental permit;

b) An environmental impact assessment report proposing issuance of an environmental permit;

c) A copy of the feasibility study report or equivalent documentation of the investment project or expanded investment project as prescribed by laws on investment, public investment, public-private partnership, construction, except in cases where the investment project or facility has already received approval for the environmental impact assessment report;

2. The time for submitting the application for an environmental permit is regulated as follows:

a) Investors of investment projects (including expansion projects of operating facilities; phased investment projects currently under implementation) that are required to conduct an environmental impact assessment shall submit the application for an environmental permit after completing the entire project or phase of the project (if the project is implemented in phases) or the works generating waste and accompanying environmental protection works;

b) Investors of investment projects (including expansion projects of operating facilities) that are not required to conduct an environmental impact assessment may decide the time to submit the application for an environmental permit after having all necessary documents as stipulated in Clause 1 of this Article. In cases where the project has environmental procedures as prescribed and is under construction, the investor shall submit the application for an environmental permit before commissioning;

c) Facility owners may decide the time to submit the application for an environmental permit to ensure compliance with the deadline for obtaining an environmental permit as prescribed by the Environmental Protection Law and this Circular, but no later than 32 days for cases within the authority of the Ministry of Agriculture and Rural Development, and 30 days for cases within the authority of the Chairman of the Provincial People's Committee, counting from the date when the permit is required;

3. Except for cases specified in Clauses 8 and 10 of this Article, the time limit for issuing an environmental permit is calculated from the date of receipt of complete and valid documents and is regulated as follows:

a) Not exceeding 32 days for environmental permits within the authority of the Ministry of Agriculture and Rural Development;

b) Not exceeding 30 days for environmental permits within the authority of the Chairman of the Provincial People's Committee;

4. Investors and facilities submit applications for environmental permits through direct submission, postal services, or electronic means via online public service systems; they must pay the fee for the environmental permit review process as prescribed;

5. Except for cases specified in Clauses 8, 9, and 10 of this Article, within seven days from the date of receiving complete and valid documents, the agency issuing environmental permits or the authorized person shall perform the following tasks:

a) Publicize the content of the environmental impact assessment report proposing issuance of an environmental permit on the website of the issuing agency or the agency authorized by the person authorized to issue environmental permits, excluding information classified as state secrets or business secrets as prescribed by law; the publicity period for the environmental impact assessment report shall be at least ten days from the date of publication;

b) For investment projects discharging wastewater directly into the environment in quantities of 10,000 m³Article (24 hours) or more (excluding heat exchange water, aquaculture water) discharged into inter-provincial rivers, lakes, bordering rivers, lakes between provinces, or directly discharged into coastal seas, the environmental permit issuing authority, the authorized environmental permit issuing authority shall seek advisory opinions from the People's Committee of adjacent provinces with inter-provincial rivers, lakes, bordering rivers, lakes, or coastal seas of adjacent provinces to coordinate in addressing environmental protection issues in the area, except for investment projects that have already had a decision approving the environmental impact assessment report results and have not changed the content related to wastewater discharge activities compared to the decision approving the environmental impact assessment report results. The People's Committee of the province must provide a written response on the content sought for advice within three days from the date of receipt of the request for advice, and if there is no written response beyond this period, it will be considered as agreement with the issuance of the environmental permit.

For investment projects discharging directly into the environment 10,000 m³/day (24 hours) or more of wastewater (excluding heat exchange water, aquaculture water) or discharging dust, exhaust gases with a total flow rate of 200,000 m³/hour or more, the environmental permit issuing authority, the authorized environmental permit issuing authority shall seek advisory opinions from specialized organizations regarding the calculation results of pollution dispersion models, waste incidents (if any), except for investment projects that have already had a decision approving the environmental impact assessment report results and have not changed the content related to wastewater, dust, exhaust gas discharge activities compared to the decision approving the environmental impact assessment report results. Specialized organizations sought for advice must provide a written response on the content sought for advice within ten days from the date of receipt of the request for advice, and if there is no written response beyond this period, it will be considered as agreement with the calculation results of the model.³/day (24 hours) or more of wastewater (excluding heat exchange water, aquaculture water) or discharging dust, exhaust gases with a total flow rate of 200,000 m³/hour or more, the environmental permit issuing authority, the authorized environmental permit issuing authority shall seek advisory opinions from specialized organizations regarding the calculation results of pollution dispersion models, waste incidents (if any), except for investment projects that have already had a decision approving the environmental impact assessment report results and have not changed the content related to wastewater, dust, exhaust gas discharge activities compared to the decision approving the environmental impact assessment report results. Specialized organizations sought for advice must provide a written response on the content sought for advice within ten days from the date of receipt of the request for advice, and if there is no written response beyond this period, it will be considered as agreement with the calculation results of the model.³/hour or more, the environmental permit issuing authority, the authorized environmental permit issuing authority shall seek advisory opinions from specialized organizations regarding the calculation results of pollution dispersion models, waste incidents (if any), except for investment projects that have already had a decision approving the environmental impact assessment report results and have not changed the content related to wastewater, dust, exhaust gas discharge activities compared to the decision approving the environmental impact assessment report results. Specialized organizations sought for advice must provide a written response on the content sought for advice within ten days from the date of receipt of the request for advice, and if there is no written response beyond this period, it will be considered as agreement with the calculation results of the model.

c) The review of environmental permits shall be carried out as follows:

For investment projects that have already had a decision approving the environmental impact assessment report results, and at the same time have no changes compared to the decision approving the environmental impact assessment report results or have changes but do not fall under the cases specified in Point b Clause 4 Article 37 of the Environmental Protection Law and have not reached the level requiring an environmental impact assessment according to regulations, the environmental permit issuing authority, the authorized environmental permit issuing authority shall establish a review board, without organizing an actual inspection.

For investment projects that do not fall under the category required to implement an environmental impact assessment, the environmental permit issuing authority, the authorized environmental permit issuing authority shall establish a review board, without conducting a field survey.

For facilities, investment projects that have already had a decision approving the environmental impact assessment report results but have changes compared to the decision approving the environmental impact assessment report results according to the provisions of Point b Clause 4 Article 37 of the Environmental Protection Law and have not reached the level requiring an environmental impact assessment according to regulations, the environmental permit issuing authority, the authorized environmental permit issuing authority shall establish an inspection team.

The review board, inspection team must have at least seven members for cases within the authority to issue environmental permits of the Ministry of Agriculture and Environment; the review board, inspection team must have at least five members for cases within the authority to issue environmental permits of the Chairman of the Provincial People's Committee, including the chairman of the review board (or head of the inspection team) who is a representative of the reviewing authority or the specialized organization authorized and assigned tasks.

The structure and composition of the review board, inspection team include: one chairman of the board or head of the team; one vice-chairman of the board or deputy head of the team when necessary; one secretary member; representatives of relevant agencies and organizations; representatives of provincial economic zone management boards, industrial parks, export processing zones, high-tech zones (if any); experts, officials, civil servants in the fields of environmental protection and the project's activity sector.

Members of the review board, inspection team are responsible for studying the application for an environmental permit, writing comments and evaluations on the contents stipulated in Article 40 of the Environmental Protection Law, confirming that the investment project falls within the green classification list (in cases where confirmation of the investment project falling within the green classification list is required according to Decision No. 21/2025/QĐ-TTg) and bear responsibility before the environmental permit issuing authority, the authorized environmental permit issuing authority, and the law regarding their comments and evaluations.

Based on the review board's review results or the inspection team's results, the environmental permit issuing authority, the authorized environmental permit issuing authority shall consider and issue an environmental permit to the investment project, facility if they meet the conditions for issuing an environmental permit, or notify the investor and facility owner in writing and specify the reasons if they do not meet the conditions for issuing an environmental permit.

In cases where the application requires corrections and supplements to ensure sufficient grounds for approval, the environmental permit issuing authority, the authorized environmental permit issuing authority shall notify the investor and facility owner in writing and specify the contents that need to be corrected and supplemented. The environmental permit issuing authority, the authorized environmental permit issuing authority shall not require the investor and facility owner to perform other tasks outside those specified in the notification requesting corrections and supplements to the application. The time to deliver the result or notify corrections and supplements to the application must be ensured within the prescribed approval period.

Within a maximum period of twelve months from the date of receipt of the document requesting amendments and supplements from the environmental permit issuing authority, the competent authority for issuing environmental permits, the project investor, and the facility shall complete the application dossier for the environmental permit but must ensure that the environmental permit is obtained within the prescribed time limit, and submit it to the environmental permit issuing authority and the person authorized to examine and issue the permit. After this period, the issuance of the environmental permit for the investment project and the facility shall be carried out according to the procedures and formalities stipulated herein.

7. Except in cases provided for in Clause 8 of this Article, within fifteen days for cases within the jurisdiction of the Ministry of Agriculture and Rural Development, and ten days for cases within the jurisdiction of the Chairman of the Provincial People's Committee, from the date of receipt of the amended and supplemented environmental permit application dossier (in cases where the dossier requires amendments and supplements based on the requirements of the environmental permit issuing authority or the person authorized to issue the permit), the environmental permit issuing authority or the person authorized to issue the environmental permit shall examine and issue the environmental permit for the investment project and the facility; if the environmental permit is not issued, a written response must be given to the project investor and the facility, specifying the reasons.

8. The acceptance and delivery of results of the environmental permit issuance shall be conducted electronically through the online public service system of the environmental permit issuing authority or the agency authorized by the person authorized to issue the permit within fifteen days from the date of receiving a complete and valid dossier for investment projects not requiring trial operation of waste treatment facilities. The electronic environment for the acceptance and delivery of results of the environmental permit issuance as stipulated in this clause may only be implemented upon request of the project investor.

9. The assessment process for issuing the environmental permit for cases provided for in Clause 8 of this Article shall be conducted through an assessment council established by the environmental permit issuing authority with no more than five members for cases within the jurisdiction of the Ministry of Agriculture and Rural Development; no more than three members for cases within the jurisdiction of the Chairman of the Provincial People's Committee. The environmental permit issuing authority or the person authorized to issue the environmental permit shall not organize on-site inspections. The time limit for soliciting opinions from agencies and organizations specified in Point b, Clause 5 of this Article is three days from the date of receipt of the opinion solicitation document. The time limit for the environmental permit issuing authority or the person authorized to issue the environmental permit to examine and issue the environmental permit for the investment project or provide a written response to the project investor regarding the non-issuance of the environmental permit is five days.

10. For special public investment projects as prescribed by laws on public investment, the simplified procedures and formalities for issuing the environmental permit shall be applied as follows:

a) The project investor shall submit the application dossier for the environmental permit as stipulated in Clauses 1 and 4 of this Article after completing the works or construction components generating waste, and environmental protection works.

b) Within five days from the date of receipt of a complete and valid dossier, the environmental permit issuing authority or the person authorized to issue the environmental permit shall send a document soliciting opinions for assessment from at least three experts (priority shall be given to experts who have participated in assessing the environmental impact report).

c) The experts solicited for opinions shall be responsible for writing an evaluation note according to Model No. 30 of Appendix II promulgated together with this Circular (indicating one of the three levels: approval without conditions, approval with conditions; approval with conditions, if any; disapproval) and submitting it to the environmental permit issuing authority or the person authorized to issue the environmental permit within three days from the date of receipt of the application dossier for the environmental permit. The experts shall bear responsibility before the environmental permit issuing authority, the person authorized to issue the environmental permit, and the law for their evaluations and opinions on the application dossier for the environmental permit; they shall be entitled to remuneration as prescribed by law.

d) The assessment of the application dossier for the environmental permit through soliciting expert opinions must meet the condition that at least two-thirds of the number of experts have submitted their evaluation notes and delivered them to the environmental permit issuing authority or the person authorized to issue the permit as stipulated in Point c of this Clause.

đ) In cases where at least two-thirds of the experts solicited agree (including conditions, if any), within five days from the date of receipt of the expert opinions, the environmental permit issuing authority or the person authorized to issue the permit shall issue the environmental permit in accordance with the provisions."

Article 11. Supplement Article 18c following Article 18b

"Article 18c. Documents, procedures, and formalities for issuing, reissuing environmental permits

1. The application dossier for issuing, reissuing environmental permits includes:

a) A request for issuing, reissuing environmental permits;

b) A report proposing the issuance, reissuing of environmental permits.

2. The adjustment of environmental permits shall be carried out within fifteen days from the date of receipt of the request for adjusting environmental permits submitted by the investment project owner or facility. In case the application dossier for issuing, reissuing environmental permits is incomplete or invalid, the agency issuing environmental permits or the authorized person to issue environmental permits shall notify the investment project owner or facility in writing and specify the reasons.

3. The reissuance of environmental permits shall be conducted according to the procedures and formalities stipulated in Clauses 2, 4, 5, 6, and 7 of Article 18b of this Circular. The time limit for reissuing environmental permits starts from the date of receiving a complete and valid dossier as specified in Points a and b of Clause 3 of Article 18b of this Circular.

4. The investment project owner or facility shall submit the application dossier for issuing, reissuing environmental permits to the agency issuing environmental permits or the authorized person to issue environmental permits through the online public service system (end-to-end online public service for the case of adjusting environmental permits), directly or via postal services, and pay the fee for the assessment of issuing environmental permits as prescribed; the agency issuing environmental permits or the authorized person to issue environmental permits shall be responsible for receiving and checking the completeness and validity of the dossier.

5. Application dossiers implemented on the electronic environment through the online public service system of this Circular shall be carried out in the form of an electronic copy issued from the original book or an electronically certified copy from the original."

Article 12. Amend and supplement Article 19

"Article 19. Sample documents for issuing environmental permits, revoking environmental permits, and inspecting actual operation during trial run of waste treatment facilities

1. Decision establishing the evaluation board for issuing, reissuing environmental permits of investment projects as stipulated in Model No. 22 Appendix II promulgated together with this Circular.

2. Request for issuing, reissuing, or adjusting environmental permits of investment projects or facilities as stipulated in Model No. 22a Appendix II promulgated together with this Circular.

3. Report proposing the issuance of environmental permits of investment projects that have been approved for the results of the environmental impact assessment before trial operation as stipulated in Model No. 22b Appendix II promulgated together with this Circular.

4. Report proposing the issuance, reissuing of environmental permits of investment projects belonging to Group II which are not required to conduct environmental impact assessments and investment projects belonging to Group III as stipulated in Model No. 22c Appendix II promulgated together with this Circular.

5. Report proposing the issuance, reissuing of environmental permits of operating facilities as stipulated in Model No. 22d Appendix II promulgated together with this Circular.

6. Report proposing the adjustment of environmental permits of investment projects or facilities as stipulated in Model No. 22đ Appendix II promulgated together with this Circular.

7. Decision establishing inspection teams for issuing, reissuing environmental permits of investment projects or facilities as stipulated in Model No. 24 Appendix II promulgated together with this Circular.

8. Minutes of meetings of the evaluation board for issuing, reissuing environmental permits of investment projects as stipulated in Model No. 28 Appendix II promulgated together with this Circular.

9. Inspection minutes for issuing, reissuing environmental permits of investment projects or facilities as stipulated in Model No. 29 Appendix II promulgated together with this Circular.

10. Comments of members of the evaluation board for issuing, reissuing environmental permits of investment projects as stipulated in Model No. 30 Appendix II promulgated together with this Circular.

11. Evaluation forms of members of the evaluation board for issuing, reissuing environmental permits of investment projects as stipulated in Model No. 31 Appendix II promulgated together with this Circular.

12. Comments of members of inspection teams for issuing, reissuing environmental permits of investment projects or facilities as stipulated in Model No. 32 Appendix II promulgated together with this Circular.

13. Notification of completion or return of the application dossier for issuing, reissuing, or adjusting environmental permits of investment projects or facilities as stipulated in Model No. 33 Appendix II promulgated together with this Circular.

14. Notification of the agency issuing environmental permits regarding the adjustment of types, quantities of hazardous waste allowed to be treated or quantities of scrap materials allowed to be imported as raw materials for production as stipulated in Clause 4 of Article 30 of Decree No. 08/2022/NĐ-CP as stipulated in Model No. 35 Appendix II promulgated together with this Circular.

15. Document seeking opinions of agencies or organizations during the process of issuing, reissuing environmental permits as stipulated in Model No. 37 Appendix II promulgated together with this Circular.

16. Reply document of agencies or organizations consulted during the process of issuing, reissuing environmental permits as stipulated in Model No. 39 Appendix II promulgated together with this Circular.

17. Environmental permit (issuance, reissuance) as stipulated in Model No. 40 Appendix II promulgated together with this Circular.

18. Adjusted environmental permit as stipulated in Model No. 41 Appendix II promulgated together with this Circular.

19. Decision revoking environmental permits as stipulated in Model No. 42 Appendix II promulgated together with this Circular.

20. Notification of the Trial Operation Plan for waste treatment facilities of investment projects or facilities as stipulated in Model No. 43 Appendix II promulgated together with this Circular.

21. Report on the results of trial operation of waste treatment facilities of projects as stipulated in Clause 4 of Article 46 of the Law on Environmental Protection and other projects as stipulated in Model No. 43a Appendix II promulgated together with this Circular.

22. Decision to appoint officials to inspect the actual operation of waste treatment works of investment projects and facilities during trial operation for cases not covered by Clause 4, Article 46 of the Environmental Protection Law, according to Model No. 44 in Appendix II issued together with this Circular.

23. Decision to establish an inspection team to inspect the actual trial operation process of waste treatment works of investment projects and facilities regulated by Clause 4, Article 46 of the Environmental Protection Law, according to Model No. 44a in Appendix II issued together with this Circular.

24. Inspection record template for supervising the trial operation of waste treatment works by officials, according to Model No. 45 in Appendix II issued together with this Circular.

25. Inspection record template for the trial operation of waste treatment works for investment projects and facilities using waste materials as raw materials for production and hazardous waste treatment services, according to Model No. 46 in Appendix II issued together with this Circular.”

Article 13. Amending and supplementing Article 20

“Article 20. Additional monitoring of pollutants for operating facilities when applying for environmental permits

1. The additional monitoring of pollutants for the case of applying for an environmental permit from a facility with environmental criteria equivalent to those of investment projects classified as Group I or Group II under Point g, Clause 3, Article 18a of this Circular shall be carried out as follows: single sampling (for wastewater) and composite sampling (for air emissions) over two consecutive days to assess the effectiveness of the treatment works and equipment (if any).

2. The additional monitoring of pollutants for the case of applying for an environmental permit from a facility with environmental criteria equivalent to those of investment projects classified as Group III under Point g, Clause 3, Article 18a of this Circular shall be carried out as follows: single sampling (for wastewater) and composite sampling (for air emissions) to assess the effectiveness of the treatment works and equipment (if any).”

Article 14. Amending and supplementing some clauses of Article 21

1. Amending and supplementing Clause 4 as follows:

“4. Monitoring for industrial zones, business and service clusters, industrial clusters, investment projects, and facilities subject to Column 3 of Appendix II issued together with Decree No. 08/2022/NĐ-CP amended and supplemented by Decree No. 05/2025/NĐ-CP and Decree No. 48/2026/NĐ-CP, except for cases stipulated in Clause 1, Article 31 of Decree No. 08/2022/NĐ-CP amended and supplemented by Decree No. 05/2025/NĐ-CP and Decree No. 48/2026/NĐ-CP, shall be carried out as follows:

a) Industrial zones, business and service clusters, industrial clusters; investment projects and facilities subject to Column 3 of Appendix II issued together with Decree No. 08/2022/NĐ-CP amended and supplemented by Decree No. 05/2025/NĐ-CP and Decree No. 48/2026/NĐ-CP shall implement pollutant monitoring according to Clauses 1, 2, and 3 of this Article, except for the provisions in Point b of this clause;

b) Investment projects and facilities subject to Column 3 of Appendix II issued together with Decree No. 08/2022/NĐ-CP amended and supplemented by Decree No. 05/2025/NĐ-CP and Decree No. 48/2026/NĐ-CP must carry out pollutant monitoring with at least three single samples over three consecutive days during the stable operation phase (one sample of incoming wastewater and three samples of outgoing wastewater) for the following cases: Wastewater treatment systems for domestic sewage (excluding wastewater treatment systems that combine industrial wastewater treatment); wastewater and air emission treatment systems with additional processes to enhance treatment efficiency.”

2. Amending and supplementing Clause 7 as follows:

“7. For investment projects and facilities with wastewater treatment systems designed with a capacity of less than 10 m³/ngày (24 giờ) (tính riêng cho từng hệ thống xử lý nước thải) phải tiến hành quan trắc chất thải ít nhất một mẫu đơn (một mẫu chất thải đầu ra).

Article 15. Add Clause 9 following Clause 8 of Article 32.

"9. In cases where solid waste landfills combine the disposal of municipal solid waste with the disposal of general industrial solid waste, the landfill closure shall be carried out in accordance with the provisions of this Article."

Article 16. Amend and supplement the name of Article 33 and add Clause 5 following Clause 4 of Article 33.

1. Amend and supplement the name of Article 33 as follows:

“Article 33. Technical requirements for environmental protection concerning the storage and management of general industrial solid waste.”.

2. Add Clause 5 following Clause 4 as follows:

"5. The use of general industrial solid waste as raw material directly for production activities of projects or facilities must comply with the production process and be stated in the decision approving the environmental impact assessment report or environmental permit or component environmental permit or environmental registration."

Article 17. Amend and supplement Clause 1 of Article 35.

"1. The source of hazardous waste generators shall declare the volume and type of hazardous waste generated (if any) in the application for an environmental permit in accordance with Article 18a of this Circular or in the environmental registration content in accordance with Article 22 of this Circular."

Article 18. Add Clause 8 following Clause 7 of Article 36.

"8. Hazardous waste containment ponds for isolation and long-term storage must meet the following requirements:

a) The containment pond must have a cylindrical, rectangular, or other reinforced concrete structure placed underground; it can be placed on the ground surface or partially above and below ground. The structure of the pond must ensure waterproofing, corrosion resistance, and protection from erosion in accordance with construction technical standards and regulations. The location of the pond must be suitable for geological and hydrological conditions to prevent subsidence and cracking;

b) The bottom area of each pond must not exceed 100 m² and the height must not exceed 05 m; if there are multiple ponds, they must be constructed with independent structures, except when the total bottom area of all ponds does not exceed 100 m²;² c) Waste (in block form or in containers) must be neatly arranged in the pond, with additional dry sand or cushioning materials added between layers of waste or empty spaces to reduce porosity and prevent subsidence over time. During the entire waste loading process (while the pond is not full), the pond must have a roof cover or tarpaulin to prevent rainwater from entering; warning signs and markings must be installed according to regulations;²;

d) After the pond is full, it must be sealed with a reinforced concrete lid that ensures structural integrity, and additional waterproof membranes (HDPE) or asphalt emulsion must be applied on top of the concrete lid in accordance with construction technical standards and regulations; warning signs for hazardous waste areas and prohibitions against digging must be installed; if the surface of the pond is used for other purposes after sealing, the load-bearing capacity must be ensured."

d) Sau khi bể đầy, phải đóng kín bể bằng nắp bê tông cốt thép đảm bảo kết cấu bền vững, phủ thêm các lớp màng chống thấm (HDPE) hoặc nhũ tương nhựa đường lên trên nắp bê tông để ngăn nước mưa thấm từ trên xuống theo đúng quy định tại các quy chuẩn, tiêu chuẩn kỹ thuật về xây dựng; lắp đặt biển báo khu vực chất thải nguy hại, cấm đào bới; trường hợp sử dụng khu vực mặt bể sau khi đóng kín cho mục đích khác thì phải bảo đảm tải trọng khả năng chịu lực.

Article 19. Amend and supplement Point b and Point c of Clause 3 of Article 38.

"b) Within ten days from receiving complete files, the competent authority of the Basel Convention in Vietnam under the Ministry of Agriculture and Rural Development shall send a notification letter along with the transport notification in English to the competent authority of the Basel Convention in the importing and transit countries (if any) in accordance with the Basel Convention; if the files do not meet the conditions for issuing a notification letter, the Ministry of Agriculture and Rural Development must send a reply letter to the organization or individual and clearly state the reasons;

c) Within ten days from receiving the reply letter from the competent authority of the Basel Convention in the importing and transit countries (if any), the Ministry of Agriculture and Rural Development shall issue an approval letter in accordance with Model No. 06 of Appendix III issued together with this Circular; if approval is not granted, the Ministry of Agriculture and Rural Development shall send a reply letter to the organization or individual and clearly state the reasons."

Article 20. Supplement Article 38a following Article 38

“Article 38a. Management of waste after treatment, recycling, and waste treatment in certain special cases

1. Products obtained from the recycling and treatment processes when entering circulation on the market for consumption, use, or business purposes must meet the requirements stipulated by laws on product quality and goods.

2. Inorganic waste treated through stabilization and solidification methods to produce non-fired bricks may only be mixed with other materials at a ratio not exceeding 30% of the total mixture weight (calculated based on dry weight), except in cases where stabilization and solidification are conducted for landfilling at solid waste disposal sites as prescribed by law. Non-fired bricks that comply simultaneously with the requirements set forth in QCVN 16:2023/BXD - National Technical Regulations on Construction Materials and Goods Products and the leaching test results of hazardous parameters not exceeding the thresholds for hazardous waste specified in QCVN 07:2025/BNNMT - National Technical Regulations on Hazardous Waste Thresholds can be utilized as construction materials.

3. When waste is treated using co-processing methods, it must ensure compliance with the following requirements:

a) Compatibility with production technology processes;

b) Suitable substitution ratios of waste for raw materials, fuels, and materials;

c) Products obtained from the co-processing of waste must meet the requirements stipulated by laws on product quality and goods.”

Article 21. Amend and supplement Clause 4 of Article 45

“4. The decision to designate organizations to assess conformity to national technical regulations on imported scrap material for production purposes shall be implemented according to Model No. 10 in Appendix VII of Decree No. 37/2026/NĐ-CP dated January 23, 2026, issued by the Government detailing certain provisions and measures to organize and guide the implementation of the Law on Product Quality and Goods (hereinafter referred to as Decree No. 37/2026/NĐ-CP).”

Article 22. Amend and supplement some clauses of Article 46

2. Amending and supplementing Clause 5 as follows:

“1. The Ministry of Agriculture and Environment shall organize the evaluation of registration files for designating activities to assess conformity to national technical regulations on imported scrap material for production purposes as prescribed in Decree No. 37/2026/NĐ-CP.”

2. Amend and supplement Clause 2 as follows:

“2. On-site assessment of organization capacity

a) Members of the assessment team are responsible for studying the registration file for designation as prescribed in Decree No. 37/2026/NĐ-CP, writing comments and evaluations as stipulated in this clause;

b) The assessment team's results serve as the basis for the Ministry of Agriculture and Environment to consider and decide on the designation of organizations to assess conformity to national technical regulations on imported scrap material for production purposes.”

Article 23. Amend Point a of Clause 5 of Article 66

“a) The project investor, production, business, and service facility shall submit environmental protection work reports to the following authorities: the authority that approved the environmental impact assessment report; the authority with the power to issue environmental permits (for entities specified in point a of Clause 1 of this Article) or the authority receiving environmental registrations (for entities specified in point b of Clause 1 of this Article); Department of Agriculture and Environment (where the investment project, production, business, and service facility is located); People's Committee of the commune; the investor constructing and operating infrastructure in concentrated production, business, and service areas or industrial clusters (for facilities within economic zones, concentrated production, business, and service areas, or industrial clusters);”

Article 24. Amend and supplement Clause 2 of Article 72

“2. The establishment and approval of plans for environmental recovery in cases of national, provincial, and communal environmental incidents shall be carried out in accordance with the provisions of Clause 2 of Article 126 of the Environmental Protection Law.”

Article 25. Repeal Clause 1 and Clause 2 of Article 8, Points a, b, and c of Clause 1, Points a, b, and đ of Clause 2, Point b of Clause 3, Clause 6, Points a, c, d, đ, e, h, and i of Clause 7 of Article 36; Clauses 1, 2, 3, Points a, b, c, d, and e of Clause 4 of Article 37; Point d of Clause 2 of Article 38 and Article 39a.

Article 26. Amend, supplement, replace, and abolish certain phrases and forms

1. Replace the phrase "Ministry of Natural Resources and Environment" with the phrase "Ministry of Agriculture and Environment" in Clause 2 of Article 7; Point c of Clause 1 of Article 9; Clauses 3, 5, and 6 of Article 38; Point c of Clause 3 of Article 44; Article 46; Clause 3 and Clause 4 of Article 48; Clause 5 of Article 49; Clauses 1, 7, and 10 of Article 50; Clause 3 of Article 55; Clause 3 of Article 62; Clause 5 of Article 63; Clause 1 and Clause 2 of Article 64; Point b of Clause 2 of Article 65; Point a of Clause 1 of Article 68; Point a of Clause 1 and Point a of Clause 3 of Article 69; Clause 1 of Article 71; Point a of Clause 3 of Article 78; Point a of Clause 2 of Article 79; Clause 1 of Article 81; Forms Nos. 05, 06, 07, and 15 of Appendix III; Form No. 07 of Appendix IV; Form No. 02 of Appendix V; Forms No. 01 and No. 02 of Appendix VII; Forms No. 01, 02, 02a, 02b, 02c, 03, and 04 of Appendix IX.

The replacement of the phrase "Ministry of Natural Resources and Environment" with the phrase "Ministry of Agriculture and Environment" as provided in this clause does not apply to cases where references to documents issued by the Ministry of Natural Resources and Environment are cited.

2. Replace the phrase "Minister of Natural Resources and Environment" with "(3)" in Form No. 07 of Appendix III.

3. Replace the phrase "Ministry of Agriculture and Rural Development" with the phrase "Ministry of Agriculture and Environment" in Clause 1 of Article 43.

4. Replace the phrase "Department of Natural Resources and Environment" with the phrase "Department of Agriculture and Environment" in Clause 5 of Article 42; Clause 3 of Article 63; Point b of Clause 1 of Article 68; Point b of Clause 1 and Point a of Clause 3 of Article 69; Clause 2 of Article 71; Clause 2 of Article 85 and Form No. 07 of Appendix IV.

5. Replace the phrase "district level" with the phrase "commune level" in Point đ of Clause 1 of Article 26; Clause 1 of Article 63; Clause 2 of Article 72.

6. Replace the phrase "Form for requesting review, project report on establishing and investigation, assessment of natural heritage" with the phrase "Form for investigation, assessment of natural heritage" in the title of Article 8.

7. Abolish certain phrases and forms in Appendix I as follows:

a) Abolish Form No. 06 and Form No. 07;

b) Abolish the phrase "town, district/county/city" in Form No. 04; abolish the phrase "district level" in Form No. 09.

8. Amend, supplement, replace, and abolish certain forms and phrases in Appendix II as follows:

a) Replace Forms No. 02, 04, 04b, 06, 08, 09, 10, 24, 29, 30, 32, 33, 37, 39, 40, 41, and Form No. 42 in Section 1 of the Appendix attached to this Circular;

b) Replace the phrase "stamped by the authority that established the council or the authority assigned to review" with the phrase "stamped by the authority that established the council or the authority assigned to review or the authority of the person authorized to establish the council" in Form No. 07 and Form No. 16;

c) Replace the phrase "stamped by the licensing authority or the authority assigned to organize licensing" with the phrase "stamped by the licensing authority or the authority assigned to organize licensing or the authority of the person authorized to license" in Form No. 31;

d) Replace the phrase "District/County/City People's Committee (in case of Provincial People's Committee or Department of Agriculture and Environment issuing the license)" with the phrase "Ward/District/Special Administrative Unit People's Committee (in case of Chairman of Provincial People's Committee or Department of Agriculture and Environment issuing the license)" in the recipient section of Form No. 43;

đ) Add the phrase "or the person authorized" after the phrase "authority" in the Notes section of Forms No. 03, 04c, 07, 09a, 12, 13, 16, 17, 18, 22, 35, 43, 44, 44a, 45, and Form No. 46;

e) Add Form No. 03a after Form No. 03 in Section 1; add Forms No. 22a, 22b, 22c, 22đ before Form No. 22 and add Form No. 43a before Form No. 43 in Section 2 of the Appendix attached to this Circular;

g) Abolish Forms No. 26, 27, 36, and 38.

9. Amend, supplement, and replace certain forms in Appendix III as follows:

a) Amend and supplement Part C of Form No. 01 in Section 3 of the Appendix attached to this Circular;

b) Replace Forms No. 07, 09, 12, 13, and 14 in Section 3 of the Appendix attached to this Circular.

10. Replace and abolish certain phrases in Appendix V as follows:

a) Replace the phrase "commune/town, town" with the phrase "commune/town/special administrative unit" in Form No. 01;

b) Abolish the phrases "district/county", "county/district, town, city", and "county" in Form No. 01;

c) Abolish number 2 and the phrase "Catalogue Code District/County" in Form No. 02.

11. Amend, supplement, replace, and abolish certain forms and phrases in Appendix VI as follows:

a) Replace Forms No. 01, 05, and 06 in Section 4 of the Appendix attached to this Circular;

b) Replace the phrases "commune/town, town" and "district/commune" with the phrase "commune/town/special administrative unit" in Form No. 03;

c) Abolish the phrase "district/county" in Table 1 of Appendix II of Form No. 03;

d) Replace the phrase "district/county" with the phrase "town/commune/special administrative unit" in Tables 3, 4, 5, 6, and Table 12 of Appendices II, III, IV, V, VI, and VII of Form No. 03; Form No. 07.

12. Replace and abolish certain phrases in Appendix VII as follows:

a) Replace the phrase "district/county" with the phrase "town/commune/special administrative unit" in Form No. 03 and Form No. 04;

b) Abolish the word "county" in Form No. 06.

Article 27. Transitional Provisions

1. Complete and valid files received by state agencies or persons authorized to handle them before the effective date of this Circular shall be processed according to the laws in effect at the time of receipt, except when organizations or individuals request processing under the provisions of this Circular.

2. In cases where legal normative documents serving as the basis for citations in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced legal normative documents.

Article 28. Effective Date

1. This Circular takes effect from January 29, 2026.

2. Circular No. 07/2025/TT-BNNMT dated June 16, 2025 of the Minister of Agriculture and Environment on the delegation and division of administrative management powers in the field of environment and climate change shall cease to be effective from the date this Circular takes effect.

3. The ministries, ministerial-level agencies, government agencies, provincial people's committees, municipal people's committees under the central government, provincial Departments of Agriculture and Environment, cities directly under the Central Government, and related organizations and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly report to the Ministry of Agriculture and Environment for study, guidance, amendment, and supplementation./.