What should businesses be aware of when Decree 48/2026/ND-CP officially comes into effect?

12/03/2026

Decree 48/2026/ND-CP amending Decree 08/2022/ND-CP on guiding the Law on Environmental Protection has officially come into effect.

Nanoen – Decree No. 48/2026/ND-CP amending Decree No. 08/2022/ND-CP, which provides detailed guidance on the implementation of the Law on Environmental Protection, has officially come into effect.

This Decree introduces several new provisions related to Environmental Impact Assessment (EIA) and Environmental Permits (EP), directly affecting the environmental regulatory procedures that businesses must comply with.

Below are several notable amendments that businesses should pay attention to:

1. Additional Provisions for Phased Investment Projects

Under the new regulation, Article 27a has been added after Article 27. Investment projects that are subject to EIA and are implemented in phases may:

Prepare an EIA report for each phase of the project, or
Prepare a comprehensive EIA for the entire project.

In cases where EIAs are prepared separately for each phase, the environmental assessment of the subsequent phase must inherit and update the environmental evaluation results from the previous phases.

This provision allows businesses greater flexibility when implementing large-scale or phased investment projects, avoiding the need to prepare entirely new environmental documentation for each phase.

2. Additional Regulations on Integration and Separation of Environmental Permits

In addition to the provisions regarding phased investment projects, Decree No. 48/2026/ND-CP also introduces Clause 4, Article 27b, clarifying cases in which Environmental Permits (EP) may be integrated or separated, thereby facilitating project management and implementation.

Specifically:

Investment projects or facilities located at the same site and operated by the same investor may be integrated into a single Environmental Permit.
Investment projects or facilities located in adjacent locations, under the same investor, and sharing common wastewater or exhaust gas treatment systems, may also be considered for integration into one Environmental Permit.
For projects that have already received EIA approval but require separation, the project owner must fully implement environmental protection requirements in accordance with the approved EIA before submitting an application for an Environmental Permit.
In cases where a project or facility has already been granted an Environmental Permit but is later separated:
- The newly separated projects or facilities may inherit the contents of the previously issued Environmental Permit.
- Within six months, the project owners of the separated projects must carry out procedures for new issuance, adjustment, reissuance of the Environmental Permit, or environmental registration, in accordance with regulations.

These provisions create greater flexibility in environmental permit management, particularly for projects with multiple components, multiple phases, or adjustments to investment structures during implementation.

3. Adjustments to Certain Regulations on Environmental Permits

a. Abolition of the Environmental Permit Replacement Procedure

According to Law No. 146/2025/QH15, the procedure for replacement of Environmental Permits has been abolished.

To ensure consistency and synchronization within the legal system, Decree No. 48/2026/ND-CP has amended and removed provisions related to Environmental Permit replacement from Decree No. 08/2022/ND-CP.

b. Additional Cases Requiring Adjustment of Environmental Permits

The Decree also introduces provisions requiring adjustment of Environmental Permits during the remaining validity period when facilities introduce changes related to:

Adding a wastewater transfer or reception plan for treatment, or
Adding a wastewater reuse plan.

Detailed provisions regarding these plans are specified in Article 74 of the Decree.

c. Adjustment of Entities Required to Apply for Environmental Permits

The Decree also clarifies and narrows certain cases that are required to prepare applications for Environmental Permits, thereby reducing administrative procedures for some small-scale facilities.

Wastewater thresholds:

- Domestic wastewater discharged to the environment requiring treatment: 50 m³/day or more

- Industrial wastewater discharged to the environment requiring treatment:

+ Projects listed in Appendix II: all cases (except livestock farming and slaughtering activities from 10 m³/day or more)

+ Other industries: 10 m³/day or more

- Combined domestic and industrial wastewater discharged to the environment requiring treatment: 50 m³/day or more (excluding the above cases)

Air emissions:

Facilities generating air emissions discharged to the environment requiring treatment from 5,000 m³/hour or more must apply for an Environmental Permit.

Conclusion

The issuance of Decree No. 48/2026/ND-CP continues to refine and improve the legal framework for environmental protection by:

Ensuring consistency with the amended Law on Environmental Protection (2025)
Reducing certain administrative procedures
Enhancing the application of online public services

In light of these new regulations, businesses should review their environmental compliance status, particularly regarding appendices and regulatory forms under Decree No. 08/2022/ND-CP that have been amended, supplemented, or repealed.

If your company requires consultation or support in reviewing environmental procedures in accordance with the new regulations, please contact us via:

Email: nanoentech@gmail.com

Hotline: 0941 777 519 – 0901 229 798 – 0907 686 717

Free consultation is available.

Reputable and Efficient Environmental Consulting Services in the Mekong Delta

Nanoen is a company operating in the environmental sector. Throughout its years of operation, Nanoen has earned the trust of its clients thanks to its integrity, dedication, and strong sense of responsibility toward both customers and the quality of its services.

In addition to providing environmental consulting services, Nanoen also specializes in:

Design and construction of environmental treatment systems
Operation of environmental treatment facilities
Supply of microbial products for wastewater treatment
Training services for the operation of wastewater treatment systems tailored to enterprise needs

We are committed to delivering optimal solutions and services to ensure that all environmental compliance and operational requirements of our clients are fully met.

Nanoen

NANO ENVIRONMENT TECHNOLOGY - CONSTRUCTION LIMITED LIABILITY COMPANY

Address: 661E/29 Vo Van Kiet, Long Tuyen Ward, Can Tho City

Hotline: 0941.777.519 - 0907.803.678 - 0901.229.798

Email: nanoentech@gmail.com

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