Pursuant to clause 9 Article 3 Law on Environmental Protection, “Environmental registration” means a business investment project owner or business owner registering with a regulatory body about waste discharge-related contents and environmental protection measures of such business investment project owner or business owner.
II. Cases in which environmental registration is demanded or exempted
In accordance with Appendix XVI of Decree 08/2022/ND-CP, restaurant services with an area of less than 200m2 are not required to carry out environmental registration procedures. In addition, pursuant to Clause 2 Article 32 of Decree 08/2022/ND-CP, restaurant services that do not generate waste or only generate domestic solid waste of less than 300 kg/day are managed by regulations of the local government; or generating less than 05m3/day of waste water, less than 50m3/hour of waste gas, shall be treated by on-site equipment or managed according to regulations of local authorities. Thus, not every restaurant with an area larger than 200 square meters is required to register.
Moreover, in the process of production, if the unit generates excess waste, it is requested to register or apply for an environmental permit. If environmental permit is not compulsory, the registration procedure is mandatory.
Cases requiring an environmental permit include business cases in groups I, II, and III according to the provisions of the Law on Environmental Protection. For the restaurant business, in particular, the requirements for environmental permits are set in the following cases:
– Waste water is generated more than 500m3/day.
– Waste water, dust and gas generated must be treated before being discharged into the environment or treated by on-site wastewater treatment facilities as mentioned by Law on Environmental protection and technical regulations of local government.
– Hazardous waste is generated during operation. Total weight from 1,200kg/year or more or from 100kg/month or more.
– The restaurant is built in an area of sea land, forest land or historical site.
Source of rules: Clause 2 Article 25 Decree no. 08/2022/ND-CP
In conclusion, waste is generated during the business process but not in the cases mentioned above and is not exempted from registration, the business entity must conduct environmental registration.
III. Content of environmental registration
IV. Procedure of environmental registration
- Application for environmental registration shall contain:
a) Environmental registration document of the owner of the investment project or establishment according to regulations of Form No. 47, Appendix II issued with Circular no. 02/2022/TT-BTTMT.
b) A copy of the decision on approval for the environmental impact assessment report appraisal result of the investment project or establishment.
- Reception form:
Applications can be submitted in person; indirectly by post or online on the public service portal to the Commune People’s Committee.
For investment projects established in the area with 02 or more commune-level administrative units, the owner of the investment project or establishment can choose the commune-level People’s Committee for environmental registration.
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