A reader said that Company A (a Vietnamese enterprise) leases a factory to produce various types of paper (Tissue, Kraft, base paper...), Company B leases the factory to Company A.
The lease contract clearly stipulates that company A is responsible for completing paperwork related to investment license, fire prevention and fighting, environmental protection, construction of fire prevention and fighting system, wastewater treatment system. Company B discharges waste into the wastewater system of Company A.
Information on the investment certificate of company A: Production and lease of paper production workshops of all kinds. Capacity of 100,000 tons/year, wastewater treatment capacity of 500 m3/day.
Company B information: Vietnamese enterprise, Tissue paper production, capacity of 40,000 tons/year. Waste discharge flow is 200 m3/day (total discharge flow of enterprises hired at the project is not more than 500 m3/day).
A reader asked, is it mandatory for Company B to apply for an environmental license?
The Ministry of Agriculture and Environment responded to this issue as follows, based on the provisions of Clause 1, Article 39 of the Law on Environmental Protection, Clause 2, Article 71 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government (amended and supplemented at Point a, Clause 30, Article 1, Decree No. 05/2025/ND-CP dated January 6, 2025 of the Government), in case Company B does not discharge wastewater and emissions into the environment, and regularly generates hazardous waste with a total weight of less than 100kg/month or 1,200 kg/year, it is not subject to an environmental license.
