Environmental Law Consultation

The vital service for both domestic and international businesses:

The context of economic development, where business - production activities increase and industrial zones expand, has brought about inevitable consequences on the living environment. 

In order to reduce pollution and mitigate negative impacts on the environment, the Government and the States Agencies have passed many stringent regulations on environment protection together with many penalties for violations that force all businesses to adhere to during the production process. Unfortunately, this requires a comprehensive understanding of environmental laws which businesses usually need assistance from legal service providers. 

ASIATECH gathers a talent pool of professional engineers and consultants who are well-versed in environmental laws with around 20 years working experience in the field of environment. This group of talented professionals has successfully delivered consulting outcomes for over 6,000 domestic and international enterprises and become the trusted companion of enterprises on journey to sustainable development.

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Environmental law consulting services

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REPORT

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REPORT

ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REPORT

Environmental Impact Assessment (EIA) Report is the ground for enterprises to better understand the state of the environmental quality so that they can propose effective pollution mitigation measures that meet the required regulations. Furthermore, results of the environmental monitoring will be the ground for the State agency in charge of environmental protection to evaluate the environmental protection measures taken by the company.

Depending on the scale of the Project specified at column 3 of Appendix II and Appendix III, Section I of the Appendix issued together with the Government's Decree No. 40/2019/ND-CP dated May 13, 2019, projects liable to the regulations shall prepare a report on environmental impact assessment (EIA) which shall be evaluated by the Ministry of Natural Resources and Environment or the Department of Natural Resources and Environment of the province/city or the Management Board of Export Processing Zones and Industrial Parks of the Province/City before starting the construction phase of the project.

The EIA report shall be evaluated by the Ministry of Natural Resources and Environment or Department within a maximum of 45 working days from the date of receiving the complete and valid dossier and shall be evaluated by Department of Natural Resources and Environment of the province/city or Management Board of Export Processing Zones, Industrial Parks of the province/city within a maximum of 30 working days.

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ENVIRONMENTAL PROTECTION PLAN (EPP)

ENVIRONMENTAL PROTECTION PLAN (EPP)

ENVIRONMENTAL PROTECTION PLAN (EPP)

The Environmental Protection Plan (EPP) describes the process of analyzing, evaluating, and forecasting the impacts of project implementation on the surrounding environment. It is also a binding document that states the responsibilities of both the enterprise and state agencies in charge of environment management. From there, enterprises can propose appropriate solutions to protect the environment in each stage of project construction and operation.

The Environmental Protection Plan is subject to:

   - Subjects specified at Column 5 Appendix II, Section I of the Appendix issued together with the Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government;

   - In addition, Projects producing wastewater from 20m3/day (24 hours) to under 500m3/day (24 hours) or solid waste from 1 tonne/day (24 hours) to under 10 tonnes/day (24 hours) or gas emission from 5,000m3/hour to under 20,000m3/hour.

Pursuant to Appendix IV, Section I of the Appendix issued together with the Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government prescribing the EPP appraisal authority of the District People's Committee or Department of Natural Resources and Environment of the province/city or Management Board of Export Processing Zones, Industrial Parks of the province/city.

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PLANNING FOR TRIAL OPERATION OF WASTE TREATMENT PROJECTS

PLANNING FOR TRIAL OPERATION OF WASTE TREATMENT PROJECTS

PLANNING FOR TRIAL OPERATION OF WASTE TREATMENT PROJECTS

When running trial operation of waste treatment projects, the Project owner must complete the construction and installation of the treatment system for the entire project or in accordance with each investment phase or for each category of different project.

A plan for the trial operation of the waste treatment project must be prepared and sent to the specialized state agency in charge of environmental protection of the province/city where the project is based and the agency approving the EIA at least 20 working days before the commencement date of trial operation.

The project owner needs to apply for approval of the plan before running the trial operation of waste treatment projects and must complete the minute of inspection on measures taken for environmental protection.

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REPORT ON THE IMPLEMENTATION OF ENVIRONMENTAL PROTECTION MEASURES (COMPLETED AFTER THE EIA)

REPORT ON THE IMPLEMENTATION OF ENVIRONMENTAL PROTECTION MEASURES (COMPLETED AFTER THE EIA)

REPORT ON THE IMPLEMENTATION OF ENVIRONMENTAL PROTECTION MEASURES (COMPLETED AFTER THE EIA)

Before the waste treatment comes into operation, the state agency approving the EIA must confirm that environmental protection measures have been taken.

Before the 30-day trial ends, projects subject to regulations at Column 4 Appendix II, Section I of the Appendix issued together with the Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government must submit a document requesting for the inspection and confirmation that environmental protection measures have been taken (including waste treatment sites and other environmental protection constructions) .

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PROPOSAL / REPORT ON WASTEWATER DISCHARGE TO WATER SOURCES

PROPOSAL / REPORT ON WASTEWATER DISCHARGE TO WATER SOURCES

PROPOSAL / REPORT ON WASTEWATER DISCHARGE TO WATER SOURCES

A wastewater discharge permit is mandatory for projects that discharge wastewater into drainage systems or points of disposal such as rivers, lakes, oceans, etc. It is also the ground for state agencies to compare, inspect and conduct monitoring activities, environment management. In addition, registration for a discharge permit is a necessary condition for Enterprises to fulfil the process of wastewater treatment system and ensure that discharged wastewater will not cause any negative impacts on the environment as well as the health of the community.

A proposal for wastewater discharge to water sources is required for projects that haven’t started the construction or projects whose construction is already finished but has not discharged wastewater yet. A report on wastewater discharge to water sources is required for projects that are currently engaging in discharge activities.

  Pursuant to the Government’s Decree No. 201/2013/ND-CP of November 27, 2013 and based on the discharge volume for the assignment of the authority to issue and extend the discharge permit:

 - The Ministry of Natural Resources and Environment shall grant permit for the following cases:

+ Discharge wastewater to regional drainage systems or disposal destinations such as sea, river, natural canal at the volume from 30,000m3/day & night for aquaculture activities.

+ Discharge wastewater to regional drainage systems or disposal destinations such as sea, river, natural canal at the volume from 3,000m3/day & night for other activities. - The Directorate of Water Resources shall grant permit for the following case:

+ Discharge wastewater to irrigation structures at a discharge volume from 1,000 m3/day and night. 

 - The Department of Natural Resources and Environment at the provincial/city shall grant permit for the following cases:

+ Discharge wastewater into ocean, river, natural canal at a discharge volume from 20m3/day & night to under 30,000 m3/day & night for aquaculture activities.

+ Discharge wastewater to regional drainage systems or disposal destinations such as sea, river, canal at the volume from 20m3/ day & night to under 3,000m3/day & night for other activities.

 - The Department of Agriculture and Rural Development of the province/city shall grant permit for the following case:

+ Discharge wastewater into irrigation structures at a discharge volume less than 1,000 m3 per day and night.

 - The People’s Committees of District shall grant permit for the following case:

+ Discharge wastewater to regional drainage systems or disposal destinations such as sea, river, canal at volume from 5 m3/day & night to 20 m3/day & night.

The discharge permit is valid for a maximum of 10 years, and a minimum of 03 years. It can be extended many times; each time the permit can be extended to a minimum of 02 years and a maximum of 05 years. The extension request must be submitted at least 90 days prior to the expiration date of the discharge permit.

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REPORT ON ENVIRONMENTAL PROTECTION (ENVIRONMENTAL MONITORING REPORT)

REPORT ON ENVIRONMENTAL PROTECTION (ENVIRONMENTAL MONITORING REPORT)

REPORT ON ENVIRONMENTAL PROTECTION (ENVIRONMENTAL MONITORING REPORT)

Project owner provides periodic reports on: periodic environmental monitoring and supervision, automatic and continuous monitoring, management of domestic solid waste, management of conventional industrial solid waste, management of hazardous waste, management of imported scrap, environmental supervision and remediation results from mineral extraction, environmental monitoring services and other reports that shall be consolidated in one single Report on environment protection.

The Projects will carry out periodical environmental monitoring activities as prescribed in the approved environmental permits and summarize the monitoring results in the Annual Environmental Protection Report prior to January 31 of next year. This is a mandatory and indispensable procedure throughout the operation of the project.

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LICENSE FOR WATER DRAINAGE SYSTEM CONNECTION

LICENSE FOR WATER DRAINAGE SYSTEM CONNECTION

LICENSE FOR WATER DRAINAGE SYSTEM CONNECTION

This is the procedure to apply for permission to connect branch sewers to the general wastewater collection and drainage system of the area which are under direct supervision of a management state agency.

 - Projects located in industrial zones, clusters and concentrated residential areas → Make arrangements with the companies providing civil engineering services for industrial zones or clusters and residential areas.

 - Projects located outside industrial zones or clusters, residential areas that have the wastewater system connected to irrigation structures: ask for permission from the Irrigation Service Management Unit.

 - Projects located outside industrial zones or clusters, residential areas that have the wastewater system connected to alley sewers: managed by the District state agency → The Urban Management Office of the District People's Committee grants license.

 - Projects located outside industrial zones or clusters, residential areas that have the wastewater system connected to the storm drain, natural rivers and canals: managed by the City/Province state agency → the Infrastructure Management Center of the Department of Construction grants license.

  License for connection to the water drainage system must be approved prior to the construction phase of the sewer line system.

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REGISTRATION OF THE HAZARDOUS WASTE SOURCE OWNER

REGISTRATION OF THE HAZARDOUS WASTE SOURCE OWNER

REGISTRATION OF THE HAZARDOUS WASTE SOURCE OWNER

In order to control hazardous waste as well as protect the living environment, and carry out production and business activities without violating the law, enterprises need to register for the Hazardous Waste Source Owner.

 - Enterprises regularly or annually generating hazardous waste at the total volume from 600 kg/year will need to register for the Hazardous Waste Source Owner at the Department of Natural Resources and Environment of City/Provincee.

 - Enterprises that are not required to register the Hazardous Waste Source Owner still need to submit a report on the on-site storage of hazardous waste at the generating facility, a part of the Annual environmental protection report:

+ Enterprises generating hazardous waste that has been in operation for less than 1 year.

+ Enterprises regularly or annually generating hazardous waste at the total volume less than 600 kg/year. Off-shore drilling facilities.

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BUILDING PERMIT AND AS-BUILT DOCUMENT CONSULTING SERVICES

BUILDING PERMIT AND AS-BUILT DOCUMENT CONSULTING SERVICES

BUILDING PERMIT AND AS-BUILT DOCUMENT CONSULTING SERVICES

Carry out relevant paperworks for the registration of building permit prior to the construction and as-built document to apply for land use right certificate.

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PERMIT CONSULTING SERVICES FOR HAZARDOUS WASTE COLLECTION, TRANSPORTATION AND TREATMENT

PERMIT CONSULTING SERVICES FOR HAZARDOUS WASTE COLLECTION, TRANSPORTATION AND TREATMENT

PERMIT CONSULTING SERVICES FOR HAZARDOUS WASTE COLLECTION, TRANSPORTATION AND TREATMENT

Provide consulting services to obtain permit from the Ministry of Natural Resources and Environment for units specialized in collection, transportation of hazardous waste from generating places to treatment facilities and for treatment plants.

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