[Legal Consulting] To which Agency do Enterprises pay Environmental Protection Fees for industrial sewage?

[Legal Consulting]

Our company serves the garment dyeing market and pays regular environmental protection fees to the Department of Resources and Environment. However, the Department of Resources and Environment just sent us a letter asking for payment of this sum. Under present legislation, which agency has the authority to pay environmental protection costs for industrial sewage?

In response to the Client's question, A Chau Environment provides support and consultation as follows:

Pursuant to Decree No. 53/2020/NĐ-CP Regulations on environmental protection fees for sewage, fee declaration and payment are prescribed as follows:

a. For establishments with an average total wastewater volume per year of less than 20 m3/day and night.

Make a fee declaration to the DONRE under Form No. 02 issued with Decree No. 53/2020/NĐ-CP; the latest declaration time is before March 31, 2022. Pay the fee once for the whole year by the Statement of the DONRE.

b. For establishments with an average total sewage volume in the year of < 20 m3/day and night.

Every quarter, no later than the 20th day of the first month of the next quarter, declare under Form No. 02 issued with Decree 53/2020/NĐ-CP and submit it to DONRE for appraisal. Determined under regulations. Pay the fee within ten days from the date of Informs.

c. Which organisation has the authority to collect environmental protection fees for industrial sewage?

1. MONRE collect environmental protection fees for industrial sewage from facilities under management in the area. Based on the actual management situation, the Department reports to the People's Committee of the province. It centrally runs the city to direct the Department of Natural Resources and Environment to organise fee collection. Environmental protection for sewage from establishments in the area.

2. Vietnam Association For Safe Water and Environmental (AWATEN) collect environmental protection fees for domestic sewage from organisations, households, and individuals using their service.

3. People's Committees collect environmental protection fees for domestic sewage from organisations, companies, and individuals doing business in the area that exploit water for their use.

However, for the Ho Chi Minh City area, by Clause 5, Article 1 of Resolution Nghị quyết 24/2021/NQ-HĐND regulations on toll collection agencies are as follows:

a. The Department of Natural Resources and Environment collects environmental protection fees for industrial wastewater in Ho Chi Minh City from establishments with an average total sewage volume of 20m3/day (24 hours) or more.

b. The Department of Natural Resources and Environment of Thu Duc City collects Environmental Protection Fees for industrial sewage in the management area of establishments with an average total sewage volume of less than 20 m3/day in the year. (24 hours).

So, in this case, based on the sewage flow, the Client needs to send a Report to the Department of Natural Resources and Environment, attach the previous year's fee payment invoice and continue to pay the fee under regulations.

Legal grounds

Pursuant to Decree No. 53/2020/NĐ-CP Regulations on environmental protection fees for sewage;

Resolution 24/2021/NQ-HĐND On adjusting environmental protection fee rates for industrial sewage in Ho Chi Minh City

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Source: Compiled by A Chau Environment

See more: Updated guidance on environmental protection fee regulations for sewage.

See more: Implementing environmental protection fees for industrial sewage.

See more: How will establishments that do not pay environmental protection fees for sewage be punished for administrative violations?