Each project of Mr. H.V.T (Phu Tho) has a separate environmental impact assessment report, the environmental impact assessment reports before 2005 have been approved by the Ministry of Natural Resources and Environment (no certificate of completion of environmental protection works).

Mr. T asked, are the above environmental impact assessment reports allowed to continue to be used for a period of 5 years from the effective date of the Law on Environmental Protection 2020 in the case of an indefinite component environment? 

According to Point c, Clause 3, Article 15 of Decree No. 45/2022/ND-CP on sanctioning of administrative violations in the field of environment:

"3. Penalties for violations against regulations on environmental protection in industrial cluster infrastructure business activities are as follows:

… c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failing to arrange the area of green trees in accordance with regulations; do not arrange independent electricity meters at centralized wastewater treatment plants; do not arrange manholes to settle sediment, separate oil scum from rainwater before discharging into the receiving environment...".

The above regulation is understood that, business units operating in infrastructure of industrial clusters must arrange manholes for sedimentation and separation of oil scum from rainwater before discharging into the receiving environment. Mr. T's unit is an independent production facility (not in an industrial cluster, not an industrial cluster infrastructure business), is it necessary to build manholes for sedimentation, to separate oil from rainwater before discharging into the receiving environment?

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

In case an operating establishment is subject to an environmental permit under the provisions of the Law on Environmental Protection in 2020, only the decision approving the environmental impact assessment report is issued, if the environmental permit is not required as prescribed by law, the environmental permit must be obtained within 36 months from the effective date of the Law on Environmental Protection 2020.

Clause 3, Article 15 of Decree No. 45/2022/ND-CP dated July 7, 2022 of the Government providing for penalties for violations of regulations on environmental protection in infrastructure business activities of industrial clusters. In case a production establishment located outside an industrial park or industrial cluster violates regulations on waste management, it shall be fined according to the corresponding articles specified in Decree No. 45/2022/ND-CP. /.