[Legal Consulting] How should firms comply with the new code's prohibition on renewing discharge permits?

[Legal Consulting]

In 2017, the Provincial People's Committee accepted our enterprise for the comprehensive Environmental Protection Scheme, and the license for wastewater discharge into water sources, which was extended for the first time in November 2021, is about to expire. However, the new laws prohibit businesses from renewing their discharge permits. So, what should our company do when the discharge permission runs out?

In response to your question, A Chau Environment Co., Ltd supports - consults as a pleasure:

Effective January 1, 2022, outdated discharge permits will not be renewed. The Law on Environmental Protection No. 72/2020/QH14 stipulates the integration of 7 types of environmental permits, including discharge permits into one general permit, called an Environmental Permit. 

At Point d, Clause 2, Article 42 of the Law on Environmental Protection 2020, the grounds and time for the issuance of environmental permits are as follows: 

d) Production, business and service establishments, concentrated production, business and service zones, and industrial clusters specified in Clause 2, Article 39 of this Law have come into operation before the effective date of this Law. Executors must obtain an environmental permit within 36 months from the effective date of this Law unless they have been granted a certificate of completion of environmental protection works by a competent authority. meeting environmental standards, certification of eligibility for environmental protection in importing scrap from abroad as raw production materials, license to treat hazardous waste, permit to discharge wastewater into water sources, paper permit to discharge wastewater into irrigation works (hereinafter referred to as component environmental permit). A component environmental permit may continue to be used as an environmental permit until the expiration of the term of the component environmental permit or continue to be used for 5 years from the effective date of this Law. indefinite-term component environmental license.

Thus, the discharge permit will be revoked when expires, and must make an application for an environmental permit according to the new code.

According to the provisions of Point A, Clause 3, Article 44 of the Law on Environmental Protection 72/2020/QH14, projects, and establishments must apply for an Environmental permit before the discharge permit expires in 06 months.      

Article 41 of the Law on Environmental Protection 72/2020/QH14 stipulating the competence to grant environmental permits stipulates that: Provincial-level People's Committees shall grant environmental permits to the subjects specified in Clause 2, Article 39 of the Law on Environmental Protection. This Law has been approved by the People's Committee of the province or a ministry or ministerial-level agency with the results of the appraisal of the environmental impact assessment report.

Therefore, you need to check the validity period of the Waste Discharge License in particular and the component environmental permits in general to prepare for the transition to an Environmental Permit. Avoid the case that the discharge permit has expired but the enterprise still does not have an environmental permit. Your application for an environmental license will be approved by the Provincial People's Committee.t.           

Legal basis and implementation details

Pursuant to the Law on Environmental Protection No. 72/2020/QH14 dated November 17, 2020, of the National Assembly of the Socialist Republic of Vietnam;

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Source: A Chau Environment