Due to various reasons, the project has been extended, and on March 28, 2018, the provincial People's Committee approved the project adjustment for implementation. Currently, construction work is in progress (construction has been ongoing since October 2022).

In 2021, the Prime Minister adjusted the investment policy to change the project's name to align with the Memorandum of Understanding between the two countries, while also adjusting the project implementation timeline.

Subsequently, the provincial People's Committee issued a decision approving the project adjustment based on the adjustments made to the investment policy by the Prime Minister.

During the implementation process, Mr. Dat's company encountered difficulties in applying the 2020 Environmental Protection Law. He requested clarification on several matters:

The project was approved in 2007 and underwent an adjustment on March 28, 2018, before the effective date of the 2020 Environmental Protection Law. The project is currently under construction; do we need to prepare, assess, and submit additional environmental impact assessment reports?

In practice, the water supply plant project generates only a few types of waste when operational: Domestic wastewater will be treated on-site in a self-contained sewage treatment facility; backwash water will be reclaimed and recirculated for further treatment. Sludge will be treated in a sludge treatment facility, including a sludge treatment tank, sludge compression tank, and sludge drying house. After treatment, the sludge will be collected and managed by a licensed local entity as per regulations. In this case, do we need to obtain an environmental permit?

The Ministry of Natural Resources and Environment responded as follows:

The Ministry of Natural Resources and Environment sincerely appreciates your research into the provisions of the 2020 Environmental Protection Law for its practical implementation. In response to your concerns, the Ministry offers the following opinions:

The 2020 Environmental Protection Law does not require an environmental impact assessment for projects that have been implemented in accordance with the provisions of the 2014 Environmental Protection Law and related guidance documents.

Environmental impact assessments are conducted simultaneously with the process of preparing feasibility study reports or equivalent documents as stipulated in Article 31(1) of the 2020 Environmental Protection Law. The decision approving the results of the environmental impact assessment report is one of the grounds for the competent authority to conclude the appraisal of the feasibility study report for construction investment projects in accordance with Article 36(d) of the 2020 Environmental Protection Law.

Based on the above regulations, it is proposed that Mr. Dat’s company cross-reference in order to implement:

- In the case of projects that are not subject to environmental impact assessment reports, not subject to the requirement to register environmental protection plans, have had the environmental impact assessment report approved, and have carried out construction before the effective date of the 2020 Environmental Protection Law, there is no need to prepare an environmental impact assessment report.

- In the case of projects subject to the requirement for environmental impact assessment reports, subject to the requirement to prepare environmental protection plans but have not yet had the environmental impact assessment report approved, and the registration of environmental protection plans confirmed in accordance with the 2014 Environmental Protection Law and related guidance documents, they will be subject to penalties and corrective measures as stipulated in Article 168 of Government Decree No. 08/2022/NĐ-CP dated January 10, 2022, detailing certain provisions of the Environmental Protection Law. 

Entities Requiring Environmental Permits

Based on the provisions of Article 39 of the 2020 Environmental Protection Law, entities requiring environmental permits include:

- Investment projects in Groups I, II, and III that generate wastewater, dust, and emissions into the environment that must be treated or hazardous waste that must be managed in accordance with waste management regulations upon becoming operational.

- Investment projects, establishments, production and business units, service centers, and industrial clusters that met the environmental criteria as stipulated above and were in operation before the effective date of the 2020 Environmental Protection Law.

Therefore, for the clean water plant project, when it becomes operational and generates domestic or production wastewater that requires treatment before discharge into the environment, it falls under the category of entities that must obtain an environmental permit as stipulated.

According to Chinhphu.vn (Government News).