According to the Law on Environmental Protection, the project must conduct a trial operation and confirm the completion of environmental protection works, but the project owner did not do so.

Currently, applying for an environmental license under the provisions of the new Law on Environmental Protection is subject to trial operation.

Ms. Nhung asked, does the project have to include a trial operation plan in the license content and does it have to conduct a trial operation again (the project has been in operation for 10 years and has also conducted periodic monitoring according to approved environmental records)?

On the other hand, according to the form of Appendix X of Decree No. 08/2022/ND-CP in Chapter VI, it only stipulates the implementation of a trial operation plan in the case of re-issuance of a license.

The Ministry of Natural Resources and Environment (now the Ministry of Agriculture and Environment) responded to this issue as follows:

The waste treatment facility of the above-mentioned project is not subject to the non-trial operation specified in Clause 1, Article 31 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection (amended and supplemented in Clause 13, Article 1 of Decree No. 05/2025/ND-CP dated January 6, 2025).

Pursuant to Clause 4, Article 31 of Decree No. 08/2022/ND-CP (amended and supplemented in Clause 13, Article 1 of Decree No. 05/2025/ND-CP), the facility owner must operate the trial operation of the waste treatment facility after being granted an environmental license, except in cases where a component environmental license is already available.

Failure of project/facility owners to conduct trial operations and confirm completion of environmental protection works as prescribed in the previous phase will be considered and handled during the environmental licensing and appraisal process.