Reader P.T said: He and a friend invested in opening 2 specialized clinics (traditional medicine and dermatology) at 2 different locations. Mr. T is completing an application for an operating license, but the application requires an environmental license or environmental registration.
"I would like to ask, which investment group are specialized clinics (traditional medicine and dermatology) classified? In fact, the operation of medical examination and treatment services only generates hazardous medical waste (injecting needles, medicine peels, etc.); almost no hazardous wastewater is generated (the wastewater has blood dichates, chemicals, mucus epidemics, etc.); at the same time, the clinic does not have a hospital bed, so I have to apply for an environmental license or register an environment, and which agency issued it?" - Mr. T asked.
Regarding this issue, the Ministry of Natural Resources and Environment responded as follows:
His question did not clearly state whether the opening of the two specialized clinics would have an investment project or not. In the case of an investment project, to determine an investment project or facility in groups I, II, III and IV, he shall base on the provisions of the Law on Environmental Protection. The list of investment projects is specified in Appendices III, IV and V issued with Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection and legal regulations on investment.
The subjects that must have an environmental license are stipulated in Clause 1 and Clause 2, Article 39 of the Law on Environmental Protection, specifically:
"1. Investment projects in groups I, II and III that generate wastewater, dust, and emissions discharged into the environment must be treated or generate hazardous waste that must be managed according to regulations on waste management when officially put into operation.
2. Investment projects, establishments, production and business areas, concentrated services, and industrial clusters operating before the effective date of this Law shall have environmental criteria as prescribed in Clause 1 of this Article".
Subjects that must carry out environmental registration as prescribed in Clause 1, Article 49 of the Law on Environmental Protection, specifically:
"1. Subjects that must register the environment include:
a) Investment projects that generate waste are not subject to an environmental license;
b) Production, business and service establishments operating before the effective date of this Law that generate waste are not subject to an environmental license".
