An Environmental Permit (EP) serves as the legal basis for competent state authorities to conduct inspection, examination, and supervision of environmental protection activities of investment projects, facilities, centralized production and business zones, service complexes, and industrial clusters. At the same time, it provides the legal foundation for project owners and facility operators to fulfill their environmental protection responsibilities.
However, in practice, stopping at the stage of merely being “granted a permit” is not sufficient. If post-permit requirements are not fully and properly implemented, enterprises may still face legal risks, administrative penalties, or even suspension of operations.
So, after obtaining an Environmental Permit, what must an enterprise do next?
See also: Environmental documents that businesses need to prepare
PUBLIC DISCLOSURE OF ENVIRONMENTAL PERMITS
According to Article 102 of Decree No. 08/2022/ND-CP, after being granted an Environmental Permit (EP), enterprises are required to publicly disclose the permit information within no later than 10 days, either on the enterprise’s official website or at the Commune-level People’s Committee where the project is implemented. This is a mandatory requirement aimed at ensuring transparency and facilitating community supervision.
See also: Public disclosure of environmental information
TRIAL OPERATION OF WASTE TREATMENT FACILITIES (IF ANY)
According to Clause 2, Article 31 of Decree No. 05/2025/ND-CP, except for certain specific cases, all projects are required to carry out trial operation of waste treatment facilities (including wastewater, exhaust gas, solid waste, etc.) after being granted an Environmental Permit.
The project owner must conduct the trial operation concurrently with the entire project or by project phases, in order to evaluate compliance with environmental technical standards and ensure that the treatment systems operate in accordance with the approved design before being put into official operation.
See also: Report on the results of the trial operation of the wastewater treatment plant
If the waste does not meet the environmental technical standards for waste disposal, a retesting plan with specific measures must be developed.
See also: Re-test operation if wastewater discharge into the environment does not meet standards.
CONDUCT PERIODIC MONITORING
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Periodic, automated wastewater monitoring
The monitoring parameters and monitoring frequency for periodic wastewater monitoring are specifically stipulated in each enterprise’s Environmental Permit. Enterprises are required to carry out periodic environmental monitoring fully and accurately, including compliance with monitoring parameters, sampling locations, and monitoring frequency, in accordance with Clauses 2 and 3, Article 97 of Decree No. 08/2022/ND-CP, as amended and supplemented by Clauses 46 and 47, Article 1 of Decree No. 05/2025/ND-CP.
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Automatic, periodic monitoring of dust and emissions.
Post-permit stack emission monitoring is a mandatory legal obligation, as specifically stipulated in Clauses 2, 3, and 4, Article 98 of Decree No. 08/2022/ND-CP. Enterprises are required to carry out emission monitoring in accordance with the technical procedures for environmental monitoring issued by the Ministry of Natural Resources and Environment, as prescribed in Circular No. 10/2021/TT-BTNMT – Technical Regulations on Environmental Monitoring and the Management of Environmental Quality Monitoring Data and Information.
See also: Regulations on exhaust gas monitoring techniques
In addition, pursuant to Clause 2, Article 102 of Decree No. 08/2022/ND-CP, enterprises are required to publicly disclose the results of periodic environmental monitoring (if applicable).
PREPARE PERIODIC ENVIRONMENTAL PROTECTION REPORTS
- Enterprises are required to prepare and submit an annual environmental protection activity report, with the reporting period spanning from January 1 to December 31 of the reporting year, and submit it no later than January 15 of the following year.
- The report must be prepared in accordance with Form No. 5A – Environmental Protection Activity Report for Owners of Production, Business, and Service Facilities (applicable to facilities subject to environmental permitting), as stipulated in Circular No. 07/2025/TT-BTNMT dated February 28, 2025.
See also: Periodic environmental protection work report
ENVIRONMENTAL INCIDENT RESPONSE PLAN
An Environmental Incident Response Plan is a document that identifies potential environmental incident risks, anticipates possible incident scenarios, and proposes corresponding response measures to ensure preparedness and timely response in the event that an environmental incident occurs in practice.
According to Article 109 of Decree No. 08/2022/ND-CP, the project owner or facility operator is responsible for:
- Implementing environmental incident prevention and response plans in accordance with the incident prevention and response contents specified in the approved Environmental Impact Assessment (EIA) appraisal decision or the Environmental Permit.
- The content of a facility-level environmental incident response plan includes the construction and arrangement of facilities, equipment, and response means, as well as training on-site response teams to effectively handle environmental incidents.
Waste Management
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During operation, the facility is required to collect all generated waste streams (including air emissions, wastewater, domestic solid waste, non-hazardous industrial solid waste, and hazardous waste) and treat or transfer such waste in compliance with applicable technical standards and regulatory requirements.
See also: Changes to the Vietnamese National Technical Regulation on Wastewater
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The facility is required to carry out the collection, segregation, storage, transportation, treatment, reuse, and recycling of waste in accordance with the provisions set forth in Chapter V of Decree No. 05/2025/ND-CP of the Government.
Environmental Protection Fee Payment
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Environmental Protection Fees for Wastewater
According to Clause 2, Article 2 of Decree No. 53/2020/ND-CP dated May 5, 2020, entities subject to regulation are required to declare and pay environmental protection fees for industrial wastewater on a quarterly basis, no later than the 20th day of the first month of the following quarter, using Form No. 02 as provided in the Appendix enclosed with the Decree.
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Environmental Protection Fees for Air Emissions
Entities subject to the provisions set out in Article 3 of Decree No. 153/2024/ND-CP dated November 22, 2024, are required to declare and pay environmental protection fees for air emissions on a quarterly basis, using Form No. 01 provided in the Appendix enclosed with this Decree.
According to Decree No. 153/2024/ND-CP, environmental protection fees for air emissions consist of two components:
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Fixed fee: Payable once per year, with a deadline of January 31 each year (Clause 1, Article 6).
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Variable fee: Payable quarterly, with a deadline of the 20th day of the first month of the following quarter (Clause 1, Article 7).
Pursuant to Articles 5 and 6 of Decree No. 153/2024/ND-CP, enterprises are required to review, verify, and calculate the payable fee amounts in accordance with the applicable regulations.
Note: In cases where an enterprise fails to pay environmental protection fees for air emissions on time (including both fixed and variable fees), the Department of Agriculture and Environment or the Division of Agriculture and Environment (as the fee-collecting authority) will review and assess the fee declaration, issue a Notice of Environmental Protection Fee Payment for Air Emissions, and calculate late payment interest in accordance with the law on tax administration.
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RE-ISSUING/ADJUSTING/RE-ISSUING LAND PERMITS WHEN CHANGES OCCUR
According to Article 44 of the Law on Environmental Protection 2020 (No. 72/2020/QH14), cases for re-issuance, amendment, or replacement of an Environmental Permit (EP) are regulated as follows:
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In cases where there is a change in the project/facility name or the project owner/facility operator, the enterprise is required to notify the permitting authority in order to obtain a replacement permit.
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An amendment to the Environmental Permit must be carried out when there are changes in regulatory conditions, such as changes in scale, capacity, or technology that increase adverse environmental impacts, except in cases where a new Environmental Impact Assessment (EIA) is required.
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Note: Any permit amendment must be conducted within the remaining validity period of the existing permit.
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An Environmental Permit shall be re-issued upon expiration or when there are specific changes that result in increased adverse environmental impacts.
See also: Cases for renewing driver's licenses
What Should Enterprises Do After Obtaining an Environmental Permit?
As illustrated above, being granted an Environmental Permit is not the end point, but rather the starting point of an ongoing compliance process with environmental protection regulations.
In practice, properly and fully implementing post-permit environmental obligations is a complex process, requiring enterprises to possess technical expertise, dedicated personnel, and an appropriate monitoring and management system. To optimize time and costs while ensuring legal compliance throughout operations, a comprehensive environmental consulting solution is a practical and effective choice for enterprises.
See also: Comprehensive solutions for environmental issues of small and medium-sized enterprises
To achieve these objectives, enterprises need to select a reputable and professional consulting firm capable of providing comprehensive and effective environmental solutions.
Provider of Comprehensive Environmental Solutions for Enterprises
Nano Environmental Technology & Construction Co., Ltd. (Nanoen) is a trusted and professional provider of environmental services in the Mekong Delta region. With a team of highly experienced experts and a deep understanding of environmental regulations as well as the practical needs of enterprises, we take pride in delivering comprehensive environmental consulting services with the highest level of professionalism and effectiveness.
Throughout our years of operation, Nanoen has earned the trust of clients through our integrity, dedication, and strong sense of responsibility toward customers and the quality of our products and services.
We understand that each enterprise has its own characteristics. Therefore, Nanoen’s solutions are customized, tailored to specific industries and operational scales. From environmental dossier preparation, reporting support, and assistance during inspections and regulatory audits, to on-site consulting, cost optimization solutions, and environmental management consulting, Nanoen is committed to accompanying enterprises throughout their operations—helping them not only fully comply with legal requirements, but also enhance production and business efficiency.
Nanoen continuously strives to become a trusted partner for enterprises, supporting them in overcoming environmental challenges and achieving sustainable development in the long term.
Contact us today to receive a FREE consultation and tailored solutions for your enterprise. We are committed to delivering high-quality, safe, and effective services to best support your business.
Nanoen
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