Promulgates Decree amending and supplementing certain Articles of the Government’s Decree No. 08/2022/ND-CP on elaboration of several Articles of the Law on Environmental Protection amended and supplemented by Decree No. 05/2025/ND-CP.

On 29 January 2026, The Government hereby promulgates a Decree amending and supplementing certain Articles of the Government’s Decree No. 08/2022/ND-CP on elaboration of several Articles of the Law on Environmental Protection amended and supplemented by the Decree No. 05/2025/ND-CP. Chính phủ có ban hành Nghị định 48/2026/NĐ-CP sửa đổi, bổ sung một số điều của Nghị định số 08/2022/NĐ-CP định chi tiết một số điều của Luật Bảo vệ môi trường được sửa đổi, bổ sung bởi Nghị định số 05/2025/NĐ-CP. This Decree comes into force from the day on which it is signed.

Key highlights of Decree No. 48/2026/NĐ-CP:

1. Supplementing requirements for project divided into investment phases

New Decree supplemented Article 27a and 27b which requires detail about:

• preparation EIA report (EIAR);
• appraisal of EIARs;

• issuance of environmental license

for certain specific projects

For project divided into investment phases, the project owner may choose:

• prepare an EIAR for each investment phase, or

• prepare an EIAR for the overall project

If choosing to prepare an EIAR for each investment phase, the EIAR for the subsequent phase shall inherit and update contents of the EIAR already carried out for the previous phases of the project.

This provision provides greater flexibility for project owner, particularly for large-scale projects with long implementation timelines.”

2. Environmental license

a. Abolish the case of replacement of environmental license

Law No. 146/2025/QH15, which amends 15 laws in the fields of agriculture and environment, has abolished the case of replacement of environmental license.

Accordingly, Decree No. 48/2026/NĐ-CP also revises the corresponding provisions in Decree No. 08/2022/NĐ-CP to ensure consistency.

b. Adding more cases which business shall adjust the environmental license

Nghị định bổ sung quy định yêu cầu thực hiện điều chỉnh GPMT trong thời hạn còn lại của giấy phép, khi cơ sở:

• Bổ sung phương án chuyển giao nước thải hoặc tiếp nhận nước thải để xử lý;
• Bổ sung phương án tái sử dụng nước thải;

(Details in Article 10.1 of new Decree)

c. Addition of Online Submission Method

For dossiers requesting adjustments to an Environmental License submission may be made through the following methods:

• Direct submission;
• Submission via postal service;
• Submission through the online public service system.

Decree No. 48/2026/NĐ-CP revises the regulations by narrowing and clarifying the entities required to prepare dossiers for environmental permit applications, thereby reducing administrative burdens for certain facilities. For example:

• Facility generates domestic wastewater that has to be treated into the environment with a total flow rate of 50 m3/day or more.
• Facility generates dust or emissions that has to be treated into the environment with a total rate of 5,000 m3/day or more.

3. Hazardous waste transportation

New Decree 48/2026/NĐ-CP has abolished requirements related to hazardous waste transportation.

Such as:

• No require installing tracking devices for vehicles transporting hazardous waste;
• No require providing an account to Ministry of Agriculture and Environment (MAE) upon request.

MAE shall provide detailed regulations on environmental protection requirements for equipment and vehicles used for the collection, storage, and transportation of hazardous waste.

General Remarks

Decree No. 48/2026/NĐ-CP, which amends Decree No. 08/2022/NĐ-CP, introduces several changes, including the promotion of digitalization, the reduction of administrative procedures, and adjustments to ensure alignment with the amended Law on Environmental Protection.

Facilities should review their current environmental compliance status. In particular, attention should be paid to several appendices and templates that have been amended or abolished under Decree No. 48/2026/NĐ-CP.

If you have any questions or encounter any difficulties, please feel free to contact us here.

To see details of the Decree, please see the Link

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