According to Mr. Nguyen Duc Thanh (Hanoi), referring to Clause 1, Article 39 of the Law on Environmental Protection 2020, the object that must have an environmental permit is "Investment projects of Group I, Group II and Group III that generate wastewater, dust and exhaust gases discharged into the environment must be treated or hazardous wastes generated must be managed according to regulations on waste management when officially put into operation".

In particular, the power transmission grid project when put into operation generates only a few types of waste: Domestic wastewater will be treated through a septic tank for on-site wastewater treatment; hazardous waste such as fluorescent lamps, waste oil in very small volume, oil-soaked rags with the total volume of hazardous waste being very small, about a few kilograms per month at substations; Solid waste will be collected and treated by a licensed local unit.

All power transmission projects do not generate emissions and do not have to build a waste collection and treatment system according to regulations. In the process of implementation, Mr. Thanh's company is very confused in applying for environmental documentation as well as explaining to construction agencies to appraise investment projects of power transmission works. 

Mr. Thanh asked the authorities to answer some of the following cases:

Case 1: Some power transmission projects are not required to carry out environmental documentation under the Law on Environmental Protection 2014 and currently the project feasibility study report has been approved before the date of the Environmental Protection Law 2020 came to effect. Are these projects required to prepare and submit for additional approval an environmental impact assessment?

Case 2: Some power transmission grid projects generate only a very small amount of waste during operation. In this case, is an environmental permit required?

The Ministry of Natural Resources and Environment responded to this issue as follows:

Case 1: Clause 1, Article 36 of the Law on Environmental Protection provides:

The decision approving the appraisal results of the environmental impact assessment report is one of the bases for the competent authority to do the following:

… c) Approve the feasibility study report for investment projects under the mode of public-private partnership;

d) Conclusion of appraisal of feasibility study report for construction investment project;…”.

Therefore, the feasibility study report of the project that has been approved before the effective date of the Law on Environmental Protection 2020 is not required to carry out the environmental impact assessment procedure.

Case 2: According to the provisions of Clause 1, Article 39 of the Law on Environmental Protection, the subject to grant of an environmental permit is: "Investment project of group I, group II and group III that generates wastewater, dust and gas, waste discharged into the environment must be treated or generate hazardous waste which must be managed according to regulations on waste management when officially put into operation.

Therefore, in case the project generates wastewater discharged into the environment, which must be treated when it is officially put into operation, it is subject to an environmental permit.