Key Updates: Decree 05/2025/ND-CP vs. Decree 08/2022/ND-CP

1. Amendments to Consultation Regulations in Environmental Impact Assessment (EIA)

Clause 8, Article 1 of Decree 05/2025/ND-CP (amending Article 26 of Decree 08/2022/ND-CP) has supplemented the forms of consultation required during an Environmental Impact Assessment.

Accordingly, in addition to the consultative meetings prescribed under Article 26 of Decree 08, project proponents are now permitted to consult residential communities and individuals directly affected by the investment project through written feedback:

• Forms of Consultation: Consultations with directly affected residential communities and individuals shall be conducted via consultative meetings or through written feedback.

• Meeting Coordination: Project proponents shall coordinate with the relevant Commune-level People's Committee to send invitations to all directly affected residential communities and individuals to attend the consultative meeting.

• Written Feedback Provision: In cases where members of the residential community or individuals do not attend the consultative meeting, their opinions must be collected in writing by sending out opinion surveys.

• Quorum Requirements: The total number of participants in the consultative meeting combined with those consulted via opinion surveys must account for at least two-thirds ($2/3$) of the total population directly affected.

In summary: Project proponents are authorized to consult directly affected stakeholders through written feedback if those stakeholders are unable to attend the formal consultative meeting.

2. Amendments and Supplements to Regulations on Environmental Licensing

2.1. Supplemental Guidance on Application Submission and Appraisal Fee Payment

According to Clause 11, Article 1 of Decree 05/2025/ND-CP, new guidance has been added regarding the submission of applications and the payment of appraisal fees for Environmental Licenses in specific cases, as follows:

• Jurisdiction for issuing Environmental Licenses shall belong to the superior authority in the following cases:

  • Investment projects or facilities located at the same site, owned by the same investor, and possessing multiple Decisions Approving the Results of Environmental Impact Assessment (EIA) Report Appraisals.

  • Cases involving other environmental documents previously approved by different competent state agencies.

• Integrated Licensing: If investment projects or facilities are located on adjacent sites, have the same owner, and share a common wastewater or exhaust gas treatment system, they may be considered for integration into a single unified Environmental License.

• Project Partitioning (Post-EIA): For investment projects that have already received an approved EIA appraisal result, if the project owner wishes to split/partition the project, they must comply with the legal provisions regarding Environmental Impact Assessments for each partitioned component.

• Inheritance of Licenses after Partitioning: In cases where an investment project or facility already granted an Environmental License (or a Component Environmental License) is partitioned into multiple projects/facilities, the new owners are permitted to inherit the contents of the existing license for the remainder of its validity period.

  • Within 06 months from the date of partitioning as prescribed by law, the owners of the newly partitioned projects/facilities must apply for a re-issuance/exchange of the Environmental License.

  • Partitioned projects or facilities must perform procedures for issuance, adjustment, re-issuance, or environmental registration as regulated before the existing Environmental License or Component Environmental License expires.

Accordingly, enterprises shall submit their Environmental License applications and pay the appraisal fees following the guidance provided above.

2.2. Mandatory Deadlines for Finalizing Environmental License Applications

Clause 11, Article 1 of Decree 05/2025/ND-CP (amending and supplementing Article 29 of Decree 08/2022/ND-CP) introduces new regulations regarding the timeframe for completing and refining Environmental License (EL) applications.

A key update in Decree 05/2025 is that when the licensing authority issues a written request for amendments or supplements, the project proponent or facility owner must finalize the application within a specified period to avoid having to restart the entire application process from the beginning.

• 12-Month Completion Window: Project proponents or facility owners must finalize and resubmit their Environmental License applications to the licensing authority within a maximum of 12 months from the date the authority issues the written request for amendments or supplements.

• Proximity to Expiration: In cases where the existing Environmental License has less than 12 months of validity remaining, the project proponent or facility owner must finalize and submit the application to ensure the new license is issued before the current one expires.

• Consequence of Non-compliance: Once this deadline has passed, the project or facility must restart the Environmental License application procedure from the beginning.

2.3. New Provision of Decree 05/2025: Extension of Environmental Licensing Timelines

• Authority of Central Ministries: For cases under the licensing jurisdiction of the Ministry of Natural Resources and Environment, the Ministry of National Defense, or the Ministry of Public Security: The timeframe is 20 days.

• Authority of Provincial People’s Committees: For cases under the licensing jurisdiction of the Provincial People's Committee: The timeframe is 15 days.

• Authority of District People’s Committees: For cases under the licensing jurisdiction of the District People's Committee: The timeframe is 10 days.

• Full Online Public Services: For investment projects that are not required to undergo trial operation of waste treatment facilities and perform procedures electronically through the full-process online public service system: The timeframe is 20 days.

3. Additional Cases Requiring Amendments to the Environmental License

Clause 12, Article 1 of Decree 05/2025/ND-CP has supplemented several cases in which project proponents or facility owners must perform an adjustment to their Environmental License. Accordingly, effective from January 6, 2025, enterprises must adjust their licenses if they fall into the following categories:

• Changes in Scale, Capacity, or Technology: Investment projects, facilities, concentrated production/business/service zones, or industrial clusters that increase their production scale or capacity, or change production technologies, leading to changes in the licensed contents (except for cases prescribed in Point b, Clause 5 of this Article).

• Addition of Investment Sectors: Existing concentrated production/business/service zones or industrial clusters that add new sectors or industries for investment attraction, provided these sectors are not listed in the "Potential Environmental Pollution Risks" category under Appendix II.

• Other Changes: Other modifications as prescribed in Clause 2, Article 27 of this Decree, except for cases specified in Clause 5, Article 30.

4. Supplemental Requirements for Wastewater Management

Clause 24, Article 1 of Decree 05/2025/ND-CP has supplemented several requirements regarding wastewater management currently regulated under Article 57 of Decree 08/2022/ND-CP. Specifically:

• For facilities with potential environmental risks: Production, business, or service facilities listed in Appendix II of Decree 08/2022/ND-CP (types of activities with a high risk of environmental pollution) that discharge 50m3/day or more into the environment must possess:

  • Independent electricity meter (specifically for the wastewater treatment system).

  • Outlet flow meter.

  • Operation logbook for the treatment system.

• Documentation Requirements: The above documents must fully record the following information:

  • Outlet flow rate.

  • Characteristic parameters of both influent (inlet) and effluent (outlet) wastewater (if available).

  • Electricity consumption.

  • Types and quantities of chemicals used.

• Note: The operation logbook must be written in Vietnamese and archived for a minimum of 02 years.

• For other facilities: Facilities not falling under the above categories but still discharging wastewater into the environment are required to have an outlet flow meter. These facilities are also encouraged to implement the same control measures mentioned above (electricity meters and logs).

Related Topics

• Implementation roadmap for QCVN 14:2025/BTNMT

• Industrial wastewater pollution limits according to QCVN 40:2025/BTNMT 

• New National Technical Regulation on Industrial Wastewater (QCVN 40:2025/BTNMT) 

Conclusion

The new provisions of Decree 05/2025/ND-CP represent a significant step forward in environmental protection efforts in Vietnam. These changes not only simplify administrative procedures but also enhance corporate responsibility toward environmental stewardship. Implementing these regulations will contribute to building a better living environment for future generations.