Update: Periodic environmental protection report form and new points are effective as of 2022 in Vietnam!

The latest update in 2022, A Chau Environment would like to introduce the form and content of periodic environmental protection report of the production, business and service establishment owners and update some new points. Please refer to it!

I. Forms and contents of periodic environmental protection report:

-  Contents of environmental protection reports for the production, business and service establishments, subject to environmental license as prescribed in Form 05.A Appendix VI of Circular 02/2022/TT-BTNMT. Download here.

-  Contents of environmental protection reports for the production, business and service establishments, subject to environmental registration as prescribed in Form 05.B Appendix VI of Circular 02/2022/TT-BTNMT. Download here.

-  Subjects exempted from environmental registration as prescribed in Article 32 of Decree 08/2022/ND-CP are not required to report on environmental protection report

II. Updating some new points of the report on environmental protection applied in 2022:

1. Reporting period and submission time

-  The reporting period is from January 1 to December 31 and submitted before January 5 of the following year.

2. Forms and report contents

2.1 Forms

-  Subjects have to implement environmental license: Use form 05.A Appendix VI Circular 02/2022/TT-BTNMT

-  Subjects have to implement environmental registration: Use form 05.B Appendix VI  Circular 02/2022/TT-BTNMT

2.2 Main contents of periodic environmental protection report

a) Results of operation of works and implementation of environmental protection measures for waste;

b) Results of implementation of remedial measures required by the inspecting authority and competent authority (if any);

c) Results of periodic, automatic and continuous monitoring;

d) Management of solid waste and hazardous solid waste; 

đ) Management of imported scrap (if any); 

e) Provision of environmental monitoring services (if any); 

g) Other environmental protection results, activities and measures.

3. Where to apply the periodic environmental protection report

- The licensing authority for environmental license / environmental registration.

- Department of Natural Resources and Environment of the province (where the investment project has production, business and service activities).

- District-level People's Committees.

- Investors in construction and commercial operation of concentrated production, business or service zones or industrial clusters (for establishments located in economic zones, production, business zones, centralized services or industrial clusters);

4. How to get parameters in the dossier of environmental protection report - Detailing continuous operation projects and seasonal operation projects

4.1. For Wastewater:

The frequency is specified in the Environmental License. The licensing authority shall not require the establishments to observe additional parameters that are not based on the grounds specified at this point.

a. Parameters are determined on the basis of:

- Environmental technical regulations on wastewater.

- Type of production, business, service.

- Fuel, chemical material used.

- Production technology, waste treatment technology.

- Parameters exceeding environmental technical regulations are detected through inspection, handling of violations of the law.

- At the request of the project owner, the facility.

b. Frequency of monitoring:

- Continuous project:

For projects, production, business and service establishments operating continuously: The frequency of periodic wastewater monitoring is every 03 months for cases where environmental impact assessment must be carried out and every 06 months for the remaining cases.

- Seasonal projects: 

For projects, production, business and service establishments operating seasonally subject to environmental impact assessment:

The frequency of periodic monitoring is 01 time in case of seasonal activities of 03 months or less; 02 times in case of seasonal activities longer than 03 months to 06 months; 03 times in case of seasonal activities longer than 06 months to less than 09 months; 04 times in case of seasonal activities longer than 09 months; ensure a minimum of 03 months between two observations.

For projects, production, business and service establishments operating seasonally are not subject to environmental impact assessment: 

The frequency of periodic monitoring is 01 time in case of seasonal activities of 06 months or less; 02 times in case of seasonal activities longer than 06 months; ensure a minimum of 06 months between two observations.

Particularly for the parameters of total organic chlorine plant protection chemicals, total organic phosphorus plant protection chemicals, PCBs, Dioxins, Organic Halogens are easily absorbed (if any): The frequency is 01 time / year for all of the above cases.

Periodic environmental protection report 2022 in Vietnam

4.2.  For Exhaust gases, Dust, The parameters and frequency are specified in the Environmental License:

a. Parameters are determined on the basis of:

- Environmental technical regulations. 

- Type of production, business, service.

- Fuel, a chemical material used.

- Production technology, waste treatment technology.

- Parameters exceeding environmental technical regulations are detected through inspection, handling of violations of the law.

- At the request of the project owner, the facility.

b. Frequency of monitoring:

- Continuous project:

For projects, production, business and service establishments operating continuously subject to environmental impact assessment:

+ The frequency of periodic monitoring of dust and industrial emissions is 06 months / time for parameters: heavy metals, organic compounds (if any), 01 year / time for Dioxin / Furan parameters (if any) and 03 months / time for the remaining parameters.

For projects, production, business and service establishments operating continuously not subject to environmental impact assessment: 

+ The frequency of periodic monitoring of dust and industrial emissions is every 01 year for the parameters: heavy metals, organic compounds (if any), Dioxin / Furan (if any) and every 06 months for the remaining parameters.

- Seasonal projects: 

For projects, production, business and service establishments operating seasonally subject to environmental impact assessment: 

+ The frequency of periodic monitoring of dust and industrial emissions for heavy metals and organic compounds (if any) is 01 time in case of seasonal activities of 06 months or less, 02 times in case of seasonal activities of more than 06 months; the frequency of Dioxin/Furan monitoring (if any) is 01 time/year. For the remaining parameters, the monitoring frequency is 01 time in case of seasonal activities of 03 months or less; 02 times in case of seasonal activities longer than 03 months to 06 months; 03 times in case of seasonal activities longer than 06 months to less than 09 months; 04 times in case of seasonal activities longer than 09 months; ensure a minimum of 03 months between two observations.

For projects, production, business and service establishments operating seasonally are not subject to environmental impact assessment:

+ The frequency of periodic monitoring of dust and industrial emissions for heavy metals and organic compounds (if any) is 01 time in case of seasonal activities of 06 months or less, 02 times in case of seasonal activities of more than 06 months; the frequency of Dioxin/Furan monitoring (if any) is 01 time/year. For the remaining parameters, the frequency of periodic monitoring is 01 time in case of seasonal activities of 06 months or less; 02 times in case of seasonal activities longer than 06 months; ensure a minimum of 06 months between two observations.

The article shares about periodic monitoring wastewater, emissions, dust, does not mention automatic and continuous monitoring.

Legal grounds

Pursuant to the Law on Environmental Protection No. 72/2020/QH14 dated 17/11/2020 of the National Assembly of the Socialist Republic of Vietnam;

Pursuant to Decree No. 08/2022/ND-CP dated 10/01/2022  detailing a number of articles of the Law on Environmental Protection;

Pursuant to Circular No. 02/2022/TT-BTNMT dated 10/01/2022 etailing a number of articles of the Law on Environmental Protection;

Source: A Chau Environment