Vietnam New circular imposes environmental reporting obligation on certain businesses in Vietnam

On November 30, 2020, Vietnamese Ministry of Industry and Trade (MOIT) issued Circular No. 42/2020/TT-BCT on Declaration, Management and Use of Environment Database in Industry and Trade Sectors (hereinafter “the Circular”). The Circular came into force from April 1, 2021 and replaced the previous version of the Circular No. 22/2013/TT-BCT on Declaration, Management and Use of Environment Databases in Industry and Trade Sectors. The previous Circular No. 22/2013/TT-BCT had played an important role in state management, and in particular collection of information and data regarding environmental protection and strategic environmental evaluation in industry and trade sectors. However, as the state‚Äôs environmental regulations had greatly changed with time, the enforcement of Circular No. 22/2013/TT-BCT had become unsuitable for the latest situation, resulting in this amendment.

The Circular can be downloaded at:
http://congbao.chinhphu.vn/noi-dung-van-ban-so-42-2020-tt-bct-32771?cbid=33885

 

The major amendment from the previous version is the changes in the scope of the regulation. Previously, MOIT related agencies were regulated but in the current version business entities with large environmental impacts as listed in Annex I of the Circular. The regulated entities are as shown below:

No.

Sector

Size / Production capacity

1 Coal thermal power All
2 Hydroelectric power 20 MW or greater
3 Petroleum extraction All
4 Petroleum refinement All
5 Chemicals and detergent manufacturing 10,000 tonnes/year or greater
6 Chemical fertilizer manufacturing 10,000 tonnes/year or greater
7 Battery manufacturing 300,000 Kwh/year; or greater or 600 tonnes/year or greater
8 Paper pulp manufacturing 50,000 tonnes/year or greater
9 Paper manufacturing involving scrap paper 50,000 tonnes/year or greater
10 Beer and soft drink manufacturing 30 million liters/year or greater
11 Alcohol and spirit manufacturing 2 million liters/year or greater
12 Weaving with dyeing 100 million m2 of fabric/year or more
13 Leather tanning 10,000 tonnes/year or greater
14 Rubber-based product manufacturing 100,000 tonnes/year or greater
15 Cast iron, steel manufacturing and metallurgy 300,000 tonnes/year or greater
16 Mineral extraction (except for minerals for construction materials) Entities having obtained permission for mineral extraction from the Ministry of Natural Resources and Environment

 

The main responsibilities of the regulated facilities are:

  • To apply for creation of an account of the environment database (moitruongcongthuong.vn) to the Director General of Industrial Safety Techniques and Environment Agency under MOIT. The application must be made using the format stipulated in Annex III of the Circular.
  • After receiving the account, to make annual declaration on environmental information using a dedicated system. The deadline is March 31 of the following year of the year to be declared.