Circular No. 2781/TT-KCM guiding procedures for issuing, extending, and revoking environmental standard certification for industrial establishments.

CIRCULAR

Guidelines on procedures for issuing, extending, and revoking certificates of environmental standards compliance for industrial facilities

đạt tiêu chuẩn môi trường cho các cơ sở công nghiệp ||| meets environmental standards for industrial establishments

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Pursuant to Point 6, Article 37 of the Environmental Protection Law dated December 27, 1993, and Article 4 of Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Environmental Protection Law.

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on the tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment.

The Ministry of Science, Technology, and Environment issues guidelines on the procedures for issuing, extending, and revoking certificates of environmental standards compliance (hereinafter referred to as environmental permits).

II- SUPPORT MEASURES FOR STATE-OWNED AGRICULTURAL FARMS AND FORESTRY COMPANIES IN THE FIELD OF SCIENCE AND TECHNOLOGY

1- Industrial facilities listed below must have an environmental permit when conducting production activities.

1.1- Small-scale industrial enterprises and small-scale handicraft industries:

+ Small enterprises managed by local authorities.

+ Production cooperatives and associations.

+ Households producing various types of products (excluding agricultural production) and repairing equipment-tools.

1.2- Industrial facilities (as detailed in Appendix 1).

1.3- Facilities for collecting, transporting, and treating waste.

2- State management agencies for environmental protection or state agencies authorized to review environmental impact assessment reports and declarations of production activities affecting the environment shall issue environmental permits.

The agency issuing environmental permits must establish and manage a record of issued environmental permits.

3- Industrial facilities conducting activities (except for trial production phases of projects) without an environmental permit must be handled according to current laws.

4- Fees and charges for issuing, extending the validity period of environmental permits shall be in accordance with regulations of the Ministry of Finance and the Ministry of Science, Technology, and Environment.

II- PROCEDURES FOR ISSUING, EXTENDING THE VALIDITY PERIOD, AND REVOKING ENVIRONMENTAL PERMITS.

1- Documents for applying for an environmental permit:

1.1- Application form for an environmental permit (Appendix 2)

1.2- Declaration of current environmental conditions (Appendix 6)

1.3- Decision approving the environmental impact assessment report (for facilities required to submit such reports) or written comments from state management agencies for environmental protection or authorized agencies (for declarations of production activities affecting the environment).

1.4- Pollution control confirmation certificate issued by state management agencies for environmental protection or authorized agencies to the facility.

2- Issuing an environmental permit:

2.1- Within forty days from the date of receiving complete and valid application documents, state management agencies for environmental protection or authorized agencies shall review the application and issue an environmental permit to the applicant.

2.2- Within forty days from the date of receiving complete and valid application documents, if state management agencies for environmental protection or authorized agencies refuse to issue an environmental permit, they must notify the applicant in writing and specify the reasons for refusal.

2.3- The agency receiving applications for environmental permits must issue a receipt confirming the acceptance of all necessary documents.

In cases where additional information or content needs to be provided, the agency issuing environmental permits must require the facility to supplement within thirty days; otherwise, the application will be considered invalid.

2.4- The Ministry of Science, Technology, and Environment shall notify the provincial/municipal People's Committee of the name of the facility that has been granted an environmental permit.

The provincial/municipal People's Committee shall notify the Ministry of Science, Technology, and Environment of the name of the facility that has been granted an environmental permit.

3- Validity period of an environmental permit:

3.1- The validity period of an environmental permit is three years from the date of issuance for industrial facilities using hazardous substances and radioactive materials as prescribed by competent state agencies.

3.2- The validity period of an environmental permit is five years from the date of issuance for industrial facilities not using hazardous substances and radioactive materials.

3.3- An environmental permit may be extended multiple times, each extension not exceeding three years.

4- Extending the validity period of an environmental permit:

- Six months before the expiration of an environmental permit, if wishing to extend it, the facility owner must submit an application for extending the validity period of the environmental permit.

4.1- Documents for applying to extend the validity period of an environmental permit include:

- Application for extending the environmental permit (Appendix 3)

- Previously issued environmental permit.

- Declaration of current environmental conditions (Appendix 6).

- Pollution control confirmation certificate issued by state management agencies for environmental protection or authorized agencies to the facility.

4.2- Within thirty days from the date of receiving complete and valid application documents, state management agencies for environmental protection or authorized agencies must review and decide on the extension of the validity period of the environmental permit for the facility.

4.3- If the extension of the validity period of the environmental permit is not approved, the state management agencies for environmental protection or authorized agencies must respond in writing to the facility requesting the extension of the validity period of the environmental permit within thirty days from the date of receipt of the application, specifying the reasons for refusing the extension.

4.5- The Minister of Science, Technology, and Environment decides on the extension of the validity period of the environmental permit, in some cases delegating this authority to the Environmental Department to extend the validity period of the environmental permit.

For environmental permits issued by provincial/municipal People's Committees, the delegation of authority to extend the validity period of the environmental permit to the Department of Science, Technology, and Environment is decided by the provincial/municipal People's Committee.

5- Amending and revoking environmental permits:

5.1- An environmental permit is amended when Vietnam's environmental standards are revised.

5.2- An environmental permit is revoked in cases of forgery or unauthorized issuance.

6- Suspension of the right to use an environmental permit:

The environmental permit shall be deprived of its right to use in the case where the holder of the environmental permit seriously violates the conditions and contents recorded in the permit.

7- In the event of a change in the holder of the permit, the legitimate successor must notify the issuing authority of the environmental permit.

III- COMPLAINTS AND COMPLAINT RESOLUTION

1- The owner of the facility has the right to file a complaint with the state management agency for environmental protection or the authorized state agency where they submitted the application for issuance or extension of the validity of the environmental permit if they are refused.

2- The complaint must clearly state the name of the facility owner, the name of the facility, the content of the matter, provide necessary evidence and documents, and specify the resolution requested.

3- Within ten days from the date of receipt of the complaint, the state management agency for environmental protection or the authorized state agency must inform the complainant.

4- The initial complaint resolution period shall not exceed thirty days from the date of receipt of a valid complaint. If the facility owner disagrees with the decision on the resolution of the complaint made by the issuing or extending authority of the environmental permit, they have the right to file a second complaint; the resolution of the second complaint shall be governed by the provisions of the law.

IV - EFFECTIVE PROVISIONS

1- This Circular shall take effect thirty days from the date of issuance.

2- During implementation, any difficulties encountered should be promptly reported to the Ministry of Science and Technology and Environment for consideration and resolution.

3- Attached to this Circular are Appendices 1, 2, 3, 4, 5, and 6.