Circular No. 42/2025/TT-BCA on the review of environmental impact assessment reports, issuance of environmental permits, and inspection for environmental protection within the People's Public Security Forces.

CIRCULAR

Regulations on the review of environmental impact assessment reports, issuance of environmental permits, and inspection of environmental protection within the People's Public Security

cấp giấy phép môi trường và kiểm tra về bảo vệ môi trường trong Công an nhân dân ||| issue environmental permits and conduct environmental protection inspections within the People's Police Force

Pursuant to the Environmental Protection Law dated November 17, 2020;

Pursuant to Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 05/2025/NĐ-CP dated January 6, 2025 of the Government amending and supplementing certain provisions of Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection;

BASED ON DECREE NO. 02/2025/ND-CP DATED FEBRUARY 18, 2025 OF THE GOVERNMENT ON FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITY;

Upon the proposal of the Director of the Health Bureau;

The Minister of Public Security promulgates this Circular regulating the review of environmental impact assessment reports, issuance of environmental permits, and inspection of environmental protection within the People's Public Security.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the review of environmental impact assessment reports for investment projects involving state secrets related to national security, issuance of environmental permits for investment projects and facilities involving state secrets related to national security, and inspection of compliance with laws on environmental protection within the People's Public Security.

Article 2. Applicability

This Circular applies to public security units at all levels, localities, and relevant organizations and individuals.

Chapter II
SPECIFIC PROVISIONS

Section 1
REVIEW OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

FOR INVESTMENT PROJECTS INVOLVING STATE SECRETS RELATED TO NATIONAL SECURITY

WITHIN THE PEOPLE'S PUBLIC SECURITY

Article 3. Subjects and Time Points for Conducting Environmental Impact Assessments

1. Subjects required to conduct environmental impact assessments as prescribed in Article 30 of the Law on Environmental Protection dated November 17, 2020 (hereinafter referred to as the Law on Environmental Protection) and involving state secrets related to national security as prescribed in Decision No. 42/QĐ-TTg dated March 27, 2025 of the Prime Minister promulgating the list of state secrets in the field of national security and social order and safety (hereinafter referred to as Decision No. 42/QĐ-TTg).

2. The time point for conducting environmental impact assessments shall be carried out concurrently with the process of preparing feasibility study reports or equivalent documents of investment projects. Each investment project shall prepare one environmental impact assessment report.

Article 4. Review of Environmental Impact Assessment Reports

1. The application dossier for reviewing environmental impact assessment reports shall be implemented according to Clause 1 of Article 34 of the Law on Environmental Protection, clearly indicating the level of confidentiality or having a document from the competent authority confirming the level of confidentiality.

2. The content of the review of environmental impact assessment reports shall be implemented according to Clause 7 of Article 34 of the Law on Environmental Protection.

3. Acceptance of Application Dossiers for Review of Environmental Impact Assessment Reports:

a) The investor sends the application dossier for reviewing environmental impact assessment reports to the Health Department.

b) The Health Department checks the completeness and validity of the dossier within three working days from the date of receipt of the dossier. If the dossier is complete and valid, the Health Department issues a notification to the investor regarding acceptance and guidance on payment of the review fee for the environmental impact assessment report. If the dossier is incomplete or invalid, the Health Department issues a notification to the investor specifying the reasons for non-acceptance; the investor must complete the dossier within seven days.

4. Organization of the Review of Environmental Impact Assessment Reports:

a) The Health Department establishes a review board; convenes a meeting of the review board within three working days (for Category C investment projects) or five working days (for Category A and B investment projects) from the date of receiving a complete and valid dossier.

b) The review board shall have at least seven members, including: one chairman of the board who is a leader of the Health Department; one secretary member; other members are leaders or experts with expertise in environmental science or related fields of the investment project from units within and outside the People's Public Security force. Members of the review board must have documents demonstrating their qualifications and work experience as stipulated in Point b, Clause 3, Article 34 of the Law on Environmental Protection.

The review board is responsible before the law for the results of the review. Members of the review board are responsible for studying the application dossier for reviewing environmental impact assessment reports, writing comments on the content of the review as prescribed in Clause 7, Article 34 of the Law on Environmental Protection, being responsible before the law for their opinions and evaluations, and must comply with regulations on protecting state secrets;

c) The review board convenes a meeting when at least two-thirds of its members participate;

d) During the review process, if it is necessary to clarify the current status and information of the investment project to serve the review work, The Health Department organizes on-site surveys and collects opinions from relevant agencies, organizations, and experts;

đ) The Health Department compiles and notifies in writing the opinions of the review board and requirements of the Health Department for the investor to amend and supplement the contents in the environmental impact assessment report within one working day from the date of the review board meeting.

5. Approval of the Results of the Review of Environmental Impact Assessment Reports:

a) In case the environmental impact assessment report is approved by the review board without requiring amendments or supplements: The Health Department checks and compiles the report for the authorized person prescribed in Article 5 of this Circular to consider and approve within five working days from the date of the review board meeting;

b) In case the environmental impact assessment report is approved by the review board subject to amendments or supplements: The investor submits a document explaining the adoption of the amendments and the completed environmental impact assessment report stamped with a cross-stamp to the Health Department within five working days (for Category C investment projects), ten days (for Category B investment projects), or fifteen days (for Category A investment projects) from the date of the review board meeting. The Health Department compiles the report for the authorized person prescribed in Article 5 of this Circular to consider and approve within two working days (for Category C investment projects) or five working days (for Category A and B investment projects) from the date of receipt of the amended and supplemented environmental impact assessment report.

c) In case the environmental impact assessment report is not approved by the competent authority, the Health Department shall notify the investor in writing and specify the reasons within one working day from the date of receipt of the opinion of the competent authority.

6. The time limit for reviewing the environmental impact assessment report shall be implemented according to the provisions of Clause 6, Article 34 of the Environmental Protection Law, but must ensure the progress of implementing the investment project as directed by the leadership of the Ministry of Public Security, specifically:

a) For Group A investment projects: The review period for the environmental impact assessment report shall not exceed twenty-five days from the date of receiving valid documents.

b) For Group B investment projects: The review period for the environmental impact assessment report shall not exceed twenty days from the date of receiving valid documents.

c) For Group C investment projects: The review period for the environmental impact assessment report shall not exceed ten days from the date of receiving valid documents.

7. Submission of documents for the review of the environmental impact assessment report, acceptance, processing, and notification of results shall be carried out either directly or through the internal mail system of the People's Public Security or electronically (BCANet).

Article 5. Authority to Approve the Results of the Review of the Environmental Impact Assessment Report

1. The Minister of Public Security shall approve the results of the review of the environmental impact assessment report for investment projects with a total investment value of forty-five billion dong or more.

2. The Director of the Health Department shall approve the results of the review of the environmental impact assessment report for investment projects with a total investment value under forty-five billion dong.

Article 6. Responsibilities of the Investor

1. Implement the provisions of Article 37 of the Environmental Protection Law, Clause 1, Article 27 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing certain provisions of the Environmental Protection Law (hereinafter referred to as Decree No. 08/2022/ND-CP), and Clause 9, Article 1 of Decree No. 05/2025/ND-CP dated January 6, 2025 of the Government amending and supplementing certain provisions of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing certain provisions of the Environmental Protection Law (hereinafter referred to as Decree No. 05/2025/ND-CP).

2. For investment projects that have been approved the results of the review of the environmental impact assessment report and are required to obtain an environmental permit according to the provisions of Article 8 of this Circular, the investor shall prepare a document requesting issuance of an environmental permit and submit it to the Health Department in accordance with Clause a, Clause 3, Article 9 of this Circular for the review and issuance of the environmental permit.

Article 7. Fees for Reviewing the Environmental Impact Assessment Report

1. The level of collection, payment, management, and use of fees for reviewing the environmental impact assessment report shall be implemented according to the provisions of Circular No. 38/2023/TT-BTC dated June 8, 2023 of the Minister of Finance on the level of collection, payment, management, and use of fees for reviewing the environmental impact assessment report conducted by central agencies.

2. The Health Department shall organize the collection of fees, declare and manage fees for reviewing the environmental impact assessment report in accordance with the law.

Section 2
ISSUANCE OF ENVIRONMENTAL PERMITS FOR INVESTMENT PROJECTS,

STATE SECRET FACILITIES REGARDING SECURITY

WITHIN THE PEOPLE'S PUBLIC SECURITY

Article 8. Subjects and Time Points for Environmental Permit Requirements

1. The subjects required to have an environmental permit as stipulated in Article 39 of the Law on Environmental Protection and classified as state secrets concerning national security according to Decision No. 42/QĐ-TTg.

2. The time point for issuing an environmental permit shall be carried out in accordance with Clause 2 of Article 42 of the Law on Environmental Protection.

Article 9. Review for Issuing Environmental Permits

1. The application dossier for issuing an environmental permit shall be implemented in accordance with Clause 1 of Article 43 of the Law on Environmental Protection, wherein it clearly indicates the level of confidentiality or has a document from the competent authority determining the level of confidentiality.

2. The contents of the environmental permit shall be implemented in accordance with Article 40 of the Law on Environmental Protection.

3. Receiving the application dossier for issuing an environmental permit:

a) The project investor or facility submits the application dossier for issuing an environmental permit to the Health Administration for review; the time point for submitting the application dossier for issuing an environmental permit shall be carried out in accordance with Clause 11 of Article 1 of Decree No. 05/2025/NĐ-CP;

b) The Health Administration checks the completeness and validity of the dossier within three working days. In case the dossier is complete and valid, the Health Administration issues a notification to the project investor or facility regarding the acceptance of the dossier and guides the payment of the review fee for issuing an environmental permit. In case the dossier is incomplete or invalid, the Health Administration issues a notification to the project investor or facility specifying the reasons for non-acceptance; the project investor or facility must complete the dossier within seven days at most.

4. Organizing the review for issuing an environmental permit:

a) Based on specific cases stipulated in Clause 11 of Article 1 of Decree No. 05/2025/NĐ-CP, the Health Administration establishes a review board or inspection team for issuing environmental permits for projects and facilities; organizes meetings of the review board and conducts on-site inspections within three working days (for projects and facilities in Group C), five working days (for projects and facilities in Groups A and B) from the date of receiving all valid dossiers;

b) The review board or inspection team must consist of at least seven members, including: one chairman of the board or head of the inspection team who is a leader of the Health Administration; one secretary member; other members are leaders or experts with expertise in environmental fields or related areas of the projects and facilities from units inside and outside the People's Public Security force. Members of the review board must have documents demonstrating their compliance with the criteria for professional qualifications and work experience as specified in Point b, Clause 3 of Article 34 of the Law on Environmental Protection.

The review board or inspection team is responsible under the law for the results of the review and inspection. Members of the review board or inspection team are responsible for studying the application dossier for issuing an environmental permit, writing comments and evaluations on the contents prescribed in Article 40 of the Law on Environmental Protection, being accountable under the law for their comments and evaluations, and must comply with regulations on protecting state secrets.

c) During the review process, if clarification of the current status or information about the project or facility is needed to serve the review work, the Health Administration seeks opinions from relevant agencies, organizations, and experts;

d) For cases requiring actual surveys or inspections as stipulated in Clause 11 of Article 1 of Decree No. 05/2025/NĐ-CP, the review board or inspection team organizes actual surveys or inspections. Depending on the scale, nature, and degree of the project, the chairman of the review board assigns the survey team;

đ) The review board convenes a meeting when at least two-thirds of the board members participate;

e) The Health Administration compiles and notifies in writing the opinions of the review board and the requirements of the Health Administration for the project investor or facility to amend and supplement the application dossier for issuing an environmental permit within one working day from the date of the review board meeting.

5. Approving the issuance of environmental permits:

a) In cases where the application dossier for issuing an environmental permit is approved by the review board or inspection team without needing amendments or supplements, the Health Administration reviews and compiles a report to submit to the authorized person stipulated in Article 11 of this Circular for consideration and issuance of the environmental permit within five working days from the date of the review board meeting;

b) In cases where the application dossier for issuing an environmental permit is approved by the review board or inspection team with conditions requiring amendments or supplements: The project investor or facility sends a document explaining the adopted amendments and the completed application dossier for issuing an environmental permit stamped together to the Health Administration within five working days (for projects and facilities in Group C), ten days (for projects and facilities in Group B), fifteen days (for projects and facilities in Group A) from the date of the review board meeting. The Health Administration compiles and reports to the authorized person stipulated in Article 11 of this Circular for consideration and issuance of the environmental permit within two working days (for projects and facilities in Group C), five working days (for projects and facilities in Groups A and B) from the date of receipt of the amended and supplemented application dossier for issuing an environmental permit;

c) In cases where the environmental permit is not approved by the authorized person, the Health Administration notifies in writing the project investor or facility and specifies the reasons within one working day from the date of receipt of the authorized person's opinion.

6. The time limit for issuing an environmental permit shall be carried out in accordance with Clause 4 of Article 43 of the Law on Environmental Protection but must ensure the progress of implementing the investment project as directed by the Ministry of Public Security leadership, specifically:

a) For projects and facilities in Group A: The review period for issuing an environmental permit shall not exceed twenty-five days from the date of receiving the valid dossier;

b) For projects and facilities in Group B: The review period for issuing an environmental permit shall not exceed twenty days from the date of receiving the valid dossier;

c) For projects and facilities in Group C: The review period for issuing an environmental permit shall not exceed ten days from the date of receiving the valid dossier.

7. The submission of the application dossier for environmental permit issuance, acceptance, processing, and result notification shall be conducted either directly or through the internal mail system within the People's Public Security or via electronic environment (BCANet).

Article 10. Trial operation of waste treatment works after obtaining an environmental permit

1. The project investor or the organization operating the trial operation of the waste treatment works shall comply with the provisions stipulated in Clause 13, Article 1 of Decree No. 05/2025/NĐ-CP.

2. The Health Department shall fulfill the responsibilities of the agency issuing environmental permits as prescribed in Clause 13, Article 1 of Decree No. 05/2025/NĐ-CP.

Article 11. Competence to approve environmental permits

1. The Minister of Public Security shall issue environmental permits for projects or facilities with total investment amounts of 45 billion VND or more.

2. The Director of the Health Department shall issue environmental permits for projects or facilities with total investment amounts under 45 billion VND.

Article 12. Fees for environmental permit issuance assessment

1. The levels of collection, payment, management, and utilization of fees for environmental permit issuance assessment shall be implemented according to the provisions set forth in Circular No. 02/2022/TT-BTC dated January 11, 2022, issued by the Minister of Finance regarding the levels of collection, payment, management, and utilization of fees for environmental permit issuance assessment conducted by central agencies.

2. The Health Department shall organize the collection of fees, declare, and manage fees for environmental permit issuance assessment in accordance with the law.

Section 3
ENVIRONMENTAL LAW COMPLIANCE INSPECTION

IN THE PEOPLE'S PUBLIC SECURITY

Article 13. Inspection Decision Authority

The authority to decide on inspections concerning compliance with environmental protection laws in the People's Public Security, except for cases specified in Point d, Clause 2, Article 163 of Decree No. 08/2022/NĐ-CP, is defined as follows:

1. The Minister of Public Security shall approve plans for inspecting compliance with environmental protection laws in the People's Public Security.

2. The Director of the Health Department shall decide on the establishment and organization of inspection teams for inspecting compliance with environmental protection laws in the People's Public Security.

Article 14. Forms, Methods, Contents, and Timeframes for Inspections

1. Inspection Forms:

a) Regular inspections of compliance with environmental protection laws according to plans approved by the authorized person as stipulated in Article 13 of this Circular;

b) Surprise inspections based on directives from the Minister of Public Security.

2. Inspection Methods: The inspection team will conduct direct inspections at the inspected entity's premises and related locations concerning environmental work; representatives of the inspected entity will provide detailed reports on issues related to the inspection content and make recommendations and proposals. Members of the inspection team will request the inspected entity to provide relevant files, documents, and reports to clarify the inspection content. Based on the results of the work, the inspection team will draft an inspection record, exchange views, guide the inspected entity to address existing issues and difficulties in environmental protection work, or propose guidance and instructions from higher-level leadership.

3. Inspection Content:

Depending on the requirements and nature of the inspection, the authorized person deciding on the inspection may choose to inspect all or one of the following contents:

a) The dissemination, implementation, and organization of Party policies and State laws; guiding documents, programs, plans, projects, and investment initiatives of the Ministry of Public Security on environmental protection work;

b) The planning, management, and use of state budget funds for environmental protection tasks according to current budget classification; management and use of pollution treatment facilities and environmental protection measures; the operational status of technical equipment that could negatively impact the environment; labor protective equipment, tools, measures, and constructions for preventing natural disasters and environmental accidents;

c) The outcomes of previous inspections; the handling of complaints and denunciations related to environmental protection (if any);

d) The organization of environmental communication, education activities, raising awareness and consciousness about environmental protection; providing information and updating data on environmental protection work onto the Ministry of Public Security’s environmental information system and database; the implementation of regular and emergency environmental protection reports;

đ) Compliance with regulations on waste management; pollution control; environmental restoration and rehabilitation; forest protection and biodiversity conservation; prevention and response to environmental incidents; greenhouse gas inventory and mitigation of greenhouse gas emissions;

e) Compliance with other regulations of environmental protection laws.

4. The time for conducting inspections shall be carried out in accordance with Clause 54, Article 1 of Decree No. 05/2025/NĐ-CP.

Article 15. Procedures and formalities for inspection

1. Issuing the inspection decision and forming the inspection team:

a) The person with authority as stipulated in Article 13 of this Circular shall issue the inspection decision and form the inspection team;

b) The inspection team shall consist of: 01 team leader who is a leader of the Health Administration Bureau; 01 deputy team leader; 01 secretary member; other members shall be representatives from relevant agencies and units.

Members of the inspection team must have expertise in environmental matters or related fields concerning the inspection content and must comply with regulations on protecting state secrets.

2. Announcing the inspection decision:

The inspection decision must be sent to the inspected entity no later than 05 working days from the date of issuance (except in cases of surprise inspections). The team leader must conduct the inspection within 10 days from the date of issuance of the inspection decision.

The team leader announces the inspection decision and informs the inspection program at the headquarters of the inspected entity.

3. Conducting the inspection:

The inspection team conducts file and document reviews and on-site inspections. Inspection results must be recorded in a report. The inspection report must record all results of the inspection team and comments, recommendations, and proposals of the inspected entity. A draft of the inspection report must be sent to each member of the inspection team and the inspected entity for their opinions. The inspection report must contain signatures of the team leader, the head of the inspected entity or their authorized representative, and the secretary of the inspection team. The inspection report is made in two copies, the inspection team retains one copy, and the inspected entity keeps one copy.

During the inspection, if deemed necessary, the team leader may propose to the competent authority to request analysis and testing of environmental samples.

4. Reporting inspection results and announcing inspection results:

No later than 15 days after the end of the inspection and receipt of environmental sample analysis and testing results (if applicable), the team leader approves and signs the inspection result report and draft announcement of inspection results to be submitted to the competent authority for approval. The draft inspection result report must be reviewed by all members of the inspection team and the inspected entity.

Immediately upon receiving approval from the competent authority, the team leader sends the announcement of inspection results to the inspected entity. The announcement of inspection results is reported to the leadership of the Ministry of Public Security, the decision-maker for the inspection, and the superior head of the inspection unit.

In cases where the inspected entity has violations requiring action, the team leader reports to the competent authority to transfer the case to the functional unit for handling according to regulations.

5. Implementing the announcement of inspection results: The inspected entity must strictly implement the announcement of inspection results, regularly report on the resolution of existing issues and limitations (if any), and report implementation results to the Health Administration Bureau for consolidation and reporting to the leadership of the Ministry of Public Security.

Article 16. Responsibilities and Authorities of Inspection Team Members

1. Responsibilities and authorities of inspection team members:

a) Adhere to laws and regulations of the Ministry of Public Security on inspections, strictly implement according to approved plans and programs;

b) Study files and documents provided to serve inspection activities;

c) Require inspected entities to provide information, documents, reports, and explanations related to the inspection content;

d) Manage provided documents in accordance with the law and return them upon request of the inspecting agency after completing tasks;

đ) During the organization of inspections, if discovering issues beyond their authority to resolve regarding the implementation of environmental protection work by inspected entities, they must promptly report and advise the competent authority to address and rectify these issues.

2. Responsibilities and authorities of the head of the inspection team:

In addition to the responsibilities and authorities stipulated in Clause 1 of this Article, the head of the inspection team also has the following responsibilities and authorities:

a) Lead, manage, and bear overall responsibility for the activities of the inspection team;

b) Assign tasks to inspection team members;

c) Direct the establishment and approval, signing of inspection records, reporting results to the decision-making body, and directing the completion of inspection files.

3. Responsibilities and authorities of the deputy head of the inspection team: The deputy head of the inspection team has the responsibilities and authorities of inspection team members as stipulated in Clause 1 of this Article and those of the head of the inspection team as stipulated in Clause 2 of this Article when authorized by the head of the inspection team.

4. Responsibilities and authorities of the secretary of the inspection team:

In addition to the responsibilities and authorities stipulated in Clause 1 of this Article, the secretary of the inspection team also has the following responsibilities and authorities:

a) Collect and provide information, files, and documents for inspection team members to serve inspection activities;

b) Notify inspected entities, inspection team members, and relevant organizations and individuals about the inspection program and plan;

c) Summarize results, prepare inspection records reflecting fully and truthfully the content of the inspection;

d) Draft inspection result reports;

đ) Establish, store, and manage inspection files in accordance with regulations;

e) Perform other tasks assigned by the head of the team.

Article 17. Responsibilities and Authorities of Inspected Entities

1. Responsibilities of inspected entities:

a) Provide information, documents, and written reports to the inspection team at least five working days before the inspection date. In case of surprise inspections, there is no need to prepare written reports;

b) Present files, documents, and explain issues related to the inspection content as required by the inspection team and bear legal responsibility for the accuracy and truthfulness of the provided information, documents, and reports;

c) Arrange staff and prepare conditions to ensure the activities of the inspection team;

d) Comply with and implement inspection result notifications and report on the implementation of results as prescribed.

2. Authorities of inspected entities:

a) Have the right to request the head of the inspection team and inspection team members to clarify issues that have not been agreed upon during the inspection process and the content of the inspection record, notification of inspection conclusions;

b) Have the right to appeal against inspection results and conclusions, and report violations of the law in inspection activities.

Chapter III
IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular takes effect from July 20, 2025, and replaces Circular No. 69/2020/TT-BCA dated June 22, 2020, issued by the Minister of Public Security on inspection of environmental protection work in the People's Public Security.

2. Repeal Decision No. 2044/2006/QĐ-BCA(E11) dated December 18, 2006, issued by the Minister of Public Security on the Environmental Protection Regulations in the People's Public Security.

3. In cases where normative legal documents cited in this Circular are amended, supplemented, replaced, or newly issued, the cited content shall be implemented according to the amended, supplemented, replaced, or newly issued document.

Article 19. Responsibility for Implementation

1. Heads of public security units and localities and related organizations and individuals are responsible for implementing this Circular.

2. The Director of the Health Department is responsible for guiding, monitoring, inspecting, and urging the implementation of this Circular.

3. During the implementation of this Circular, if encountering difficulties or obstacles, public security units and localities and related organizations and individuals shall report to the Ministry of Public Security (through the Health Department) for timely guidance./.