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The Government issued Decree No. 48/2026/ND-CP amending and supplementing a number of articles of Decree No. 08/2022/ND-CP dated January 10, 2022 detailing a number of articles of the Law on Environmental Protection amended and supplemented by Decree No. 05/2025/ND-CP dated January 6, 2025. Download Decree No. 48/2026/ND-CP amending a number of regulations on environmental protection Re-decentralization of authority In which, Decree No. 48/2026/ND-CP amends and supplements Articles 18, 19, 26 of Decree No. 08/2022/ND-CP dated January 10, 2022 in the direction of re-decentralizing construction agencies and promulgating treatment and reclamation plans and restore areas with particularly serious soil environmental pollution; Establishing and appraising projects to establish and recognize natural heritage; appraisal of environmental impact assessment reports... Specifically, Clause 1, Article 18 of Decree No. 08/2022/ND-CP stipulates that the Ministry of Natural Resources and Environment (now the Ministry of Agriculture and Environment) presides over and coordinates with relevant ministries, ministerial-level agencies, and provincial-level Peoples Committees to develop and submit to the Prime Minister for promulgation a plan to handle, renovate and restore areas with particularly serious soil environmental pollution according to the provisions of Point c, Clause 1 Article 19 of the Law on Environmental Protection; Organize the implementation of the assigned plans contents; Monitor, synthesize and report to the Prime Minister on the implementation of the plan. Now Decree No. 48/2026/ND-CP stipulates: Provincial Peoples Committees develop, promulgate and organize the implementation of plans to treat, renovate and restore areas with particularly serious soil environmental pollution according to the provisions of Point b, Clause 3, Article 19 of the Law on Environmental Protection; The implementation of the plan must be clearly stated in the annual provincial environmental protection report and sent to the Ministry of Agriculture and Environment for synthesis. At the same time, Decree No. 48/2026/ND-CP also amends and supplements Point b, Clause 5, Article 19, stipulating the responsibility for formulating and appraising projects to establish and the authority to recognize other natural heritages for national natural heritages as prescribed in Point b, Clause 4, Article 21 of the Decree. hey. Point b, Clause 4, Article 21 of Decree No. 08/2022/ND-CP clearly states: National natural heritage, including: national nature reserves according to the provisions of law on biodiversity, forestry and fisheries; scenic spots are national relics according to the provisions of law on cultural heritage; nationally important wetlands according to the law on biodiversity; natural heritage specified in Article 19 of this Decree and has a positive, meaningful, valuable and important impact on environmental protection, nature conservation and national biodiversity. According to the new regulations, agencies and units are assigned by the Chairman of the Provincial Peoples Committee to build a project to establish national natural heritage in the management area and submit it to the Provincial Peoples Committee. The Chairman of the Provincial Peoples Committee assigns an agency to appraise, consider, and decide to recognize natural heritage. Agencies and units assigned by the Minister of Agriculture and Environment to build a project to establish national natural heritage located in 02 or more centrally-affiliated provinces and cities or located in coastal areas for which the administrative management responsibilities of the Provincial Peoples Committee have not yet been determined and submitted to the Ministry of Agriculture and Environment. The Minister of Agriculture and Environment assigned the agency to appraise, consider and decide to recognize natural heritage. In addition, Decree No. 48/2026/ND-CP also amends and supplements Clause 1, Article 26a to decentralize the Chairman of the Provincial Peoples Committee to appraise environmental impact assessment reports and issue environmental licenses (if subject to environmental licensing) for investment projects under the authority of the Ministry to appraise environmental impact assessment reports. Agriculture and Environment are stipulated in Clause 1, Article 35 of the Law on Environmental Protection as follows: a) Public investment projects are not under the authority to decide and approve investment policies of the National Assembly or the Prime Minister, except for projects providing recycling and solid waste treatment services; b) Projects are classified only according to criteria that require conversion of land use purpose, land with water surface of nature reserves, natural heritage, biosphere reserves, important wetlands, special-use forests, protective forests, land with natural forests and are not under the authority to decide and approve investment policies of the National Assembly and the Prime Minister; c) Hydroelectric projects that are not under the authority to decide and approve investment policies of the National Assembly or the Prime Minister; d) Crude oil and natural gas exploitation projects. Cases where environmental licenses must be adjusted within the remaining term of the license Decree No. 48/2026/ND-CP also amends and supplements Clauses 2 and 3, Article 30 to renew, adjust, reissue and revoke environmental licenses. According to the amendment, The owner of the investment project or facility must make adjustments to the environmental license within the remaining term of the license in one of the following cases: - Changes specified in Point a, Clause 2, Article 44 of the Law on Environmental Protection but not in the cases specified in Clauses 4 and 5 of this Article, except in the case of changes to reduce the content of the license.environment or changes in the volume and type of hazardous waste generated. In case of changes to reduc
