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(Chinhphu.vn) - Group III infrastructure investment projects generate 10 m3/day of domestic wastewater, 5 m3/day of industrial wastewater, regular hazardous waste under 100 kg/month, and negligible emissions.
Ms. Dang Nguyet Anh (Hanoi) asked, according to the provisions of Decree No. 05/2025/ND-CP amending a number of articles of Decree No. 08/2022/ND-CP, which environmental procedures does the above project have to carry out and which agency has the authority?
The Ministry of Agriculture and Environment responded to this issue as follows:
The information provided by her is unclear because it has not been clarified whether the project or facility is a type of production, business, or service that poses a risk of environmental pollution, so the Ministry of Agriculture and Environment has no basis to respond.
We recommend that you carefully study the provisions in Clause 5, Article 74 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection (amended at Point d, Clause 31, Article 1 of Decree No. 05/2025/ND-CP dated January 6, 2025 of the Government amending and supplementing a number of articles of Decree No. 08/2022/ND-CP):
"5. For investment projects, establishments belonging to groups I, II, III specified in Appendices III, IV and V issued with this Decree must prepare a dossier to request an environmental license as prescribed in Article 39 of the Law on Environmental Protection when falling into one of the following cases:
a) Only domestic wastewater discharged into the environment must be treated with a total flow rate of 20 m3 / day or more;
b) Industrial wastewater discharged into the environment must be treated for facilities and projects that are at risk of causing environmental pollution as prescribed in Appendix II of this Decree. In particular, livestock farming and slaughtering of livestock and poultry must comply with the provisions of Point c of this Clause;
c) Industrial wastewater discharged into the environment must be treated with a total flow rate of 10 m3 / day or more;
d) Emissions released into the environment must be treated with a total flow rate of 1,000 m3 / hour or more when officially put into operation".
Regarding the authority to grant environmental licenses, we suggest you study the provisions of Article 41 of the Law on Environmental Protection :
"Article 41. Authority to grant environmental licenses
1. The Ministry of Natural Resources and Environment shall grant environmental licenses to the following entities, except for the cases specified in Clause 2 of this Article:
a) The subjects specified in Article 39 of this Law have had their environmental impact assessment report appraisal results approved by the Ministry of Natural Resources and Environment;
b) Subjects specified in Article 39 of this Law are located in the area of ??02 or more provincial-level administrative units or in sea areas where the administrative management responsibility of the provincial-level People's Committee has not been determined; establishments that import scrap from foreign countries as raw materials for production, establishments that provide hazardous waste treatment services.
2. The Ministry of National Defense and the Ministry of Public Security grant environmental licenses for investment projects and facilities that contain state secrets related to national defense and security.
3. The Provincial People's Committee shall grant environmental licenses to the following entities, except for the cases specified in Clause 1 and Clause 2 of this Article:
a) Group II investment projects specified in Article 39 of this Law;
b) Group III investment projects specified in Article 39 of this Law are located in two or more district-level administrative units;
c) The subjects specified in Clause 2, Article 39 of this Law have had their environmental impact assessment report appraisal results approved by the Provincial People's Committee or a Ministry or ministerial-level agency.
4. The People's Committee at district level shall grant environmental licenses to the subjects specified in Article 39 of this Law, except for the cases specified in Clauses 1, 2 and 3 of this Article".
