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Ministry-Level Environment Permit

What is a Ministry-level environmental permit?

According to Decree No. 40 / 2019 / ND-CP detailing the implementation of a number of articles of the Law on Environmental Protection.
Ministry-level environmental permits are permits issued for large-scale projects and production facilities that pose many risks of environmental pollution. This is an important type of permit, which is a legal basis for the construction and operation of projects that are at risk of adverse impacts on the environment.
According to the provisions of Article 17 of the Law on Environmental Protection 2014, an environmental license issued by the Ministry of Natural Resources and Environment has a term of 5 years and can be extended. The license stipulates mandatory conditions and requirements that the project owner must comply with to ensure environmental protection.

Who needs a Ministry-level environmental permit?

The following subjects must apply for environmental licenses at the Ministry level:
  • Investment projects are large-scale, potential risks of environmental pollution such as power plants, oil refineries, chemicals and cement…
  • Industrial parks, export processing zones, industrial clusters.
  • Mining projects on a large scale.
  • Large-scale hazardous waste disposal projects.
  • Production, business and service facilities are at risk of serious environmental pollution.
Thus, environmental licenses issued by the Ministry apply to large-scale projects and facilities that are at risk of adverse impacts on the environment. The licensing helps the State manage and control activities that may pollute the environment.
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Dossier of procedures for obtaining environmental permits issued by the Ministry

Pursuant to Circular No. 02 / 2022 / TT-BTNMT, all types of dossiers including application for licensing, EIA report, and related legal documents are mandatory requirements when applying for environmental licenses at the Ministry level.
The application for a Ministry-level environmental license includes:
  • Application for an environmental permit.
  • Copies of business registration certificates, investment licenses or equivalent documents.
  • An environmental impact assessment report or environmental protection plan.
  • Documents on inspection and confirmation of professional agencies for EIA reports.
  • Environmental protection scheme or commitment to environmental protection.
  • Types of fees, fees as prescribed.
Applications are submitted in person or by mail to the licensing authority. The licensing period is 20 days from receipt of all valid applications.
Due to complicated records, many businesses hire services to apply for environmental licenses at the Ministry level to ensure compliance with regulations.
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Penalties for violations of environmental permit issued by the Ministry

According to Article 17 of Decree No. 155 / 2016 / ND-CP on sanctioning administrative violations in the field of environmental protection, violations of ministerial-level environmental licenses will be dealt with as follows:
  • Fines range from VND10 million to VND20 million for not having a ministry-level environmental license and still implementing the project.
  • Fines range from VND20 million to VND30 million if the license has expired without renewal.
  • Fines range from VND30 million to VND40 million for violations of licenses that pollute the environment.
  • Other violations of ministry-level environmental permits will also be dealt with in accordance with regulations.
Thus, project owners need to comply with the regulations on environmental permits to avoid administrative treatment, affecting production and business activities.

Ministry-level environmental permit services

Natural Star provides environmental licensing services at the Ministry level will support businesses in the process of applying for licenses with the following tasks:
  • Consulting, guiding the full preparation of documents and papers as prescribed.
  • Prepare environmental impact assessment reports, environmental protection schemes.
  • Procedures for obtaining documents of confirmation and recognition of professional bodies.
  • Apply and work with licensing agencies, urge to apply for licenses.
  • Support to complain, renew, re-issue environmental permits.
Hiring services will help businesses save time, costs, ensure complete records and quick procedures. From there, they can soon deploy investment projects in the most favorable way.
The above is some information about environmental licenses issued by the Ministry, procedures for obtaining licenses and introducing Natural Star services effectively. Hope the article will help businesses and investors easily complete this important legal procedure.

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