The method of treating production wastewater is to collect it in a sludge tank and let it settle naturally, then discharge the clear water into the environment (river), and hire a unit to collect the sludge.

Ms. Duyen asked, do I have to apply for an environmental license? If so, which authority has the authority?

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

In the case of a facility that generates 0.32 m3/day of domestic wastewater, about 30 m3/day of production wastewater (rinsing settling and filtering tanks), and is discharged into the environment after treatment, an environmental license must be obtained in accordance with Article 39 of the Law on Environmental Protection:

"Article 39. Subjects required to have an environmental license

1. Group I, Group II and Group III investment projects that generate wastewater, dust and emissions into the environment must be treated or generate hazardous waste that must be managed in accordance with regulations on waste management when officially put into operation.

2. Investment projects, facilities, concentrated production, business and service areas, and industrial clusters operating before the effective date of this Law have environmental criteria similar to the subjects specified in Clause 1 of this Article.

3. Subjects specified in Clause 1 of this Article are in the case of Urgent public investment projects as prescribed by the law on public investment are exempted from environmental permits".

Competence to grant environmental licenses as prescribed in Clause 1, Article 26 of Decree No. 131/2025/ND-CP dated June 12, 2025 of the Government stipulating the division of competence of local authorities at 02 levels in the field of state management of the Ministry of Agriculture and Environment (effective from July 1, 2025):

"Article 26. Competence of the Chairman of the Provincial People's Committee

1. Grant environmental licenses as prescribed in Clause 4, Article 41 of the Law on Environmental Protection for investment projects and facilities belonging to groups I, II, III specified in Appendices III, IV and V issued together with Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection, as amended and supplemented by Decree No. 05/2025/ND-CP dated 06/01/2025 of the Government must prepare a dossier to request the granting of an environmental license according to the provisions of Article 39 of the Law on Environmental Protection when falling into one of the following cases:

a) There is domestic wastewater discharged into the environment that must be treated with a total flow of 50 m3/day or more;

b) There is industrial wastewater discharged into the environment that must be treated for facilities and projects that are at risk of causing environmental pollution as prescribed in Appendix II of Decree No. 08/2022/ND-CP (amended and supplemented by Decree No. 05/2025/ND-CP). Particularly, the type of livestock farming, livestock and poultry slaughtering is implemented according to the provisions at Point c of this Clause;

c) There is industrial wastewater discharged into the environment that must be treated with a total flow of 10 m3/day or more;

d) There is domestic wastewater and industrial wastewater discharged into the environment must be treated as prescribed in Point a and Point c of this Clause with a total flow rate of 50 m3/day or more;

d) There is emission into the environment that must be treated with a total flow rate of 2,000 m3/hour or more when officially put into operation;

e) There is regular generation of hazardous waste with a total volume of 100 kg/month or more or 1,200 kg/year or more and there is wastewater or emission that must be treated and discharged into the environment during operation".