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If the enterprise has beforehand carried out environmental information, however at the moment, there’s a change in measurement and capability, does the enterprise need to repeat environmental information? Invite you to the identical surroundings that the majority discover this situation by means of the content material beneath.
1. Do you modify the manufacturing capability to use for environmental information?
The reply is relying on every case.
We have to make clear the knowledge that modifications in manufacturing capability is to extend capability or lower in capability? If the rise is elevated by how a lot? As a result of in response to the present rules, some circumstances improve the size and capability that should be re -implemented environmental information.
2. Some rules on making use of for environmental information when altering capability
The environmental information of every undertaking are completely different, could also be an environmental registration file, environmental influence evaluation report or environmental license paperwork, listed here are some provisions on the re -establishment of those paperwork.
2.1. Repeat environmental registration information
In line with Clause 5, Article 49, Regulation on Environmental Safety 2020:
In the midst of operation, if the funding undertaking, the institution has modified within the registered content material, the proprietor of the funding undertaking, the institution is liable for registering the surroundings earlier than making these modifications.
In case of fixing the scale and nature of the funding undertaking, the institution is topic to environmental influence evaluation or an environmental license, the proprietor of the funding undertaking, the institution is liable for implementing the rules on environmental influence evaluation and environmental licenses in accordance with this Regulation.
2.2. Repeating the environmental influence evaluation report
Level a, Clause 4, Article 37, Regulation on Environmental Safety 2020 as follows:
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Within the technique of making ready and implementing funding tasks earlier than operation, in case of change in comparison with the choice to approve the outcomes of the analysis of environmental influence evaluation studies, the proprietor of the next accountable funding undertaking:
a) Implement environmental influence evaluation for funding tasks when one of many modifications in rising scale, capability, manufacturing expertise or different modifications will increase the adversarial influence on the surroundings;
In line with Clause 2, Article 27, Decree 08/2022/ND-CP is amended by Clause 9, Article 1, Decree No. 05/2025/ND-CP:
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2. Apart from the case laid out in Clause 10 of this Article, within the technique of making ready and implementing funding tasks earlier than operation, the investor of funding tasks shall need to implement environmental influence evaluation when one or one modifications in comparison with the choice on approving the outcomes of the environmental influence evaluation report as prescribed at Level a, Clause 4, Article 37 of the Regulation on Environmental Safety and are detailed as follows:
a) Instances of accelerating scale, manufacturing, enterprise and companies of the funding undertaking specified at Factors a and c, Clause 3 of this Article of 30% or extra resulting in a rise in adversarial impacts on the surroundings laid out in Clause 5 of this Article, except the case at Level d of this Clause; Improve the size prescribed at Level b, Clause 3 of this Article results in a rise in adversarial impacts on the surroundings laid out in Clause 5 of this Article;
b) Instances of fixing manufacturing applied sciences of the funding undertaking laid out in Clause 4 of this Article result in a rise in adversarial impacts on the surroundings laid out in Clause 5 of this Article;
c) Different modifications that improve the adversarial influence on the surroundings laid out in Clause 6 of this Article;
d) Improve the size and capability laid out in Clause 3 of this Article, leading to modifications within the classification of funding tasks in response to environmental standards (apart from the case of funding tasks to alter the decision-making authority or approve the funding coverage of the Nationwide Meeting and the Prime Minister as a result of addition of passenger transport enterprise by air; provisions of regulation on funding).
2.3. Apply for environmental licenses
In line with Decree 05/2025/ND-CP, in case the undertaking will increase manufacturing capability by 30% or extra or modifications, considerably rising the adversarial influence on the surroundings (for instance, rising the quantity of wastewater, emissions exceeding technical requirements, or producing new air pollution parameters), the procedures for re-issuance of environmental licenses have to be carried out.
Particularly:
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– Dự án đầu tư, cơ sở, khu sản xuất, kinh doanh, dịch vụ tập trung, cụm công nghiệp có thay đổi tăng quy mô, công suất sản xuất, thay đổi công nghệ sản xuất như đối với trường hợp quy định tại khoản 3, khoản 4 Điều 27 Nghị định 08/2022/NĐ-CP dẫn đến làm gia tăng tác động xấu đến môi trường quy định tại khoản 5 Điều 27 Nghị định 08/2022/NĐ-CP, trừ trường hợp quy định tại điểm d khoản 2 Điều 27 Nghị định 08/2022/NĐ-CP or topic to environmental influence evaluation;
– Manufacturing, enterprise, concentrated companies, working industrial clusters with extra industries and industries to draw funding within the checklist of kinds of manufacturing, enterprise and companies susceptible to environmental air pollution prescribed in Appendix II issued along with Decree 08/2022/ND-CP;
– Different modifications improve the adversarial results on the surroundings specified at Level b, Clause 3, Article 44 of the Regulation on Environmental Safety 2020, together with:
3. For instance, in case of fixing manufacturing capability, environmental license adjustment
A manufacturing unit working within the subject of attire has been granted environmental licenses by 2023 in accordance with the Regulation on Environmental Safety 2020, licensed by the provincial Folks's Committee. At present, as a consequence of market demand, the corporate has a plan so as to add a brand new product code, improve manufacturing capability to fifteen% in comparison with earlier than, the undertaking is below the environmental standards and Group B classification and no environmental sensitivity components as prescribed in Decree 05/2025/ND-CP amended and supplemented plenty of articles of Decree 08/2022/ND-CP. The corporate is positioned within the industrial park, connecting wastewater to the centralized wastage system of the Industrial Park and is predicted to extend the therapy capability of the emission therapy system. So on this case, does the corporate have to use for an environmental license?
Challenge standing evaluation:
– The manufacturing unit has been Provincial environmental licenses In line with the Regulation on Environmental Safety 2020 by 2023.
-The manufacturing unit belongs to the undertaking of Group II (in response to the classification of funding tasks within the Regulation on Environmental Safety 2020 and Decree 08/2022/ND-CP and belonging to Group B-equivalent to Group II, there’s a danger of adversarial influence on the surroundings however not in Group I is at excessive danger) and there’s no environmental sensitivity as prescribed in Decree 05/2025/ND-CP.
– The manufacturing unit is within the industrial park and connecting the wastewater to the centralized therapy system of the IC.
– The manufacturing unit is planning to complement new product code, rising manufacturing capability to fifteen% in comparison with earlier than and anticipated to extend the therapy capability of the emission therapy system.
Reply:
In line with Decree 05/2025/ND-CPIn case the undertaking will increase manufacturing capability by 30% or extra or modifications, considerably will increase the adversarial influence on the surroundings (for instance, rising the movement of wastewater, emissions exceeding technical requirements, or producing new air pollution parameters), the process of re -granting environmental licenses. On this case, the manufacturing unit is predicted to extend capability by 15% and as evaluation above, the rise in capability doesn’t considerably improve the adversarial influence on the surroundings.
Nevertheless, as a result of the manufacturing unit has modified the content material of environmental licensing (particularly, as a result of improve in manufacturing capability, the standards for the utmost movement of discharge and the utmost emissions discharge movement will change), so in response to Clause 2, Article 30 of Decree 08/2022/ND-CP is amended and supplemented by Decree 05/2025/ND-CP, the manufacturing unit is in case of environmental allow.
The company has the fitting to regulate the environmental license on this case, the provincial Folks's Committee – the company that has granted environmental licenses for the manufacturing unit.
The adjustment of environmental licenses is carried out inside 25 days from the date the licensing company receives a written request for adjustment of environmental licenses of the investor of funding tasks and amenities and is carried out on digital surroundings by means of your entire on-line public service system submitted to the licensing company or licensed company to grant environmental licenses as prescribed.
In case the entire on-line public service system has not been carried out on the licensing company or licensed company to grant environmental licenses as prescribed, the file of request for renewal and adjustment of environmental licenses shall be despatched instantly or by submit.
Hopefully, by means of the above content material, readers can briefly perceive the work Whether or not altering the manufacturing capability should apply for an environmental report. In actual fact, relying on the particular change of every undertaking, the environmental information may be adjusted or have to be restored.
If the enterprise is in want of correct recommendation to your case, please join instantly Zalo/Hotline: 0938.857.768 For recommendation shortly and absolutely.