Company A operates in two locations, A1 and B1, within the same industrial zone and has executed a preliminary asset transfer agreement with Company B.

Company A has been granted an environmental permit by the provincial People's Committee to meet environmental protection requirements for Project A at locations A1 and B1. After receiving the aforementioned asset transfer, Company B has been issued an investment registration certificate.

Upon receiving the assets, Company B implements the Project B factory with the entire scale, capacity, and environmental protection facilities that Company A has invested in at location B1.

Ms. Minh Nguyet (Vinh Phuc) asked whether Project B factory should be considered a new project and whether it inherits the results of the previous environmental profile.

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

The Ministry of Natural Resources and Environment sincerely appreciates your study of the provisions of the Environmental Protection Law for application and implementation.

Regarding the recommendation related to environmental impact assessment, Company B inherits the rights and obligations contained in the approved environmental impact assessment within the scope received from Company A (if the environmental impact assessment is still valid) in accordance with Article 3, Clause 36 of the Environmental Protection Law:

"In the event of a change in project investors, the new project investor is responsible for continuing to implement the decision approving the environmental impact assessment report and notifying the environmental impact assessment reviewing authority and the provincial environmental protection specialized agency."

Furthermore, it should be noted that according to Article 6, Clause 42 of the Environmental Protection Law, from the effective date of the environmental permit, the decision approving the environmental impact assessment report becomes invalid.