DECREE NO. 08/2022/NĐ-CP: ELABORATION OF SEVERAL ARTICLES OF THE LAW ON ENVIRONMENTAL PROTECTION (LEP)

10/01/2022

On January 10, 2022, the Government issued Decree No.08/2022/NĐ-CP on Elaborating Several Articles of the Law on Environmental Protection (LEP).

Decree No.08/2022/NĐ-CP comprises 169 Articles under 13 Chapters covering, in detail: 

Chapter 1 General Provisions

Chapter 2 Protection of Environmental Components and Natural Heritage Sites

Chapter 3 Environmental Zoning, Strategic Environmental Assessment (SEA), Environmental Impact Assessment (EIA), Environmental Licenses, and Environmental Registration

Chapter 4 Environmental Protection During Production, Business Operation, Services Provision, Urban, Rural Areas and in Some Fields

Chapter 5 Waste Management

Chapter 6 Responsibility for Recycling and Treating Products and Packaging of Producers and Importers

Chapter 7 Environmental Monitoring 

Chapter 8 Environmental Information Systems, Environmental Databases

Chapter 9 Environmental Emergency Prevention and Response, Compensation for Environmental Damage 

Chapter 10 Economic Instruments in Environmental Protection 

Chapter 11 Resources for Environmental Resources

Chapter 12 State Management, Inspection of Environmental, Protection and Provision of Online Public Environmental Services 

Chapter 13 Implementation Clause

This Decree detailed the contents of the Law on Environmental Protection (LEP) regarding the Protection of Environmental Components; Environmental Zoning, Strategic Environmental Assessment (SEA); Environmental Impact Assessment (EIA); Environmental Licenses, Environmental Registration; Environmental Protection During Production, Business Operation, Services Provision, Urban, Rural Areas and in Some Fields; Waste Management; Responsibilities of Exporters and Importers for Recycling and Treating Products and Packages; Environmental Monitoring; Environmental Information Systems and Database; Environmental Emergency Prevention and Response Plans; Economic Instruments and Resources for Environmental Protection; State Management, Inspection and Provision of Online Public Environmental Services.

Environmental license specified for the first time in the Law on Environmental Protection (LEP) Document No.72/2020/QH14, in detail, the environmental license is a document issued by a compete for state management agencies to an organization, individuals with production activities, business operations, services provision which are allowed to discharge waste into the environment, waste management, import scrap from aboard as raw materials for production attached to the request, conditions on environmental protection as prescribed by law.

This Decree applies to agencies, organizations, residential communities, households, and individuals whose activities involve the contents specified in Article 1 of this Decree within the territory of the Socialist Republic of Vietnam, including mainland, islands, territorial waters, underground space, and airspace.

This Decree comes into force on January 1, 2022 (10/01/2022).