Environmental Permit or Registration: Which Applies

Many facility owners refer to every procedure as “the environmental paperwork”. In fact the law separates two procedures, environmental registration and environmental permit. They apply according to the volume of discharge and the type of activity, and they are filed at different levels. Identifying the right category at the start helps a facility prepare the correct dossier, file it in the right place, and have it accepted immediately.

Quick answer (applicable from 18/5/2026 to 28/02/2027, under Resolution 66.19/2026/NQ-CP):

Environmental permit: facilities with large discharge volumes or specific activity types; issued by the provincial People’s Committee, with some cases under the Ministry of Agriculture and Environment.
Environmental registration with the provincial People’s Committee: total wastewater from 50 m³/day, or dust and air emissions from 20,000 m³/hour.
Environmental registration with the commune-level People’s Committee: wastewater from 5 to under 50 m³/day, or air emissions from 50 to under 20,000 m³/hour.
Increase in capacity that raises the adverse impact: the environmental permit must be reissued (Clause 3, Article 44 of the Law on Environmental Protection 2020).

How do environmental registration and the environmental permit differ?

The Law on Environmental Protection 72/2020/QH14 sets out the facilities required to hold an environmental permit in Article 39 and the facilities required to register in Article 49. Both articles were amended by Law No. 146/2025/QH15 (effective 01/01/2026). Decree 08/2022/NĐ-CP (amended by Decree 05/2025/NĐ-CP and Decree 48/2026/NĐ-CP) gives detailed guidance.

Criterion	Environmental permit	Environmental registration
Nature	A government agency reviews the dossier and issues the permit	The facility self-declares and files with the receiving authority
Applies to	Facilities with large discharge volumes or specific activity types (recycling, hazardous waste treatment, scrap importing)	Facilities with volumes below the permit threshold, and not exempt
Where to file in 2026	Provincial People’s Committee; in some cases the Ministry of Agriculture and Environment	Provincial or commune-level People’s Committee, depending on volume
Annual report	Yes, before 15/01 of the following year	Yes, before 15/01 of the following year

The factors used to determine the category are: type of production, business or service activity; wastewater flow (both domestic and industrial wastewater); dust and air emission flow; and specific features such as recycling, hazardous waste treatment or scrap importing. Discharge volumes are calculated on the designed capacity of the whole project or facility.

Which thresholds apply from 18/5/2026?

Resolution 66.19/2026/NQ-CP dated 18/5/2026 is effective until 28/02/2027. During this period, the permit and registration thresholds follow the Resolution (Clauses 1 and 3, Section VII, Part A, Appendix IX); the authority section (Section II, Part B) applies from 01/7/2026.

Result	When
Environmental permit	Group with pollution risk: industrial wastewater from 100 m³/day, or air emissions from 100,000 m³/hour. Other activity types: total wastewater (domestic and industrial) from 150 m³/day, or air emissions from 100,000 m³/hour
Environmental permit (specific activity types)	Recycling and hazardous waste treatment; scrap importing as production raw material
Environmental registration with the provincial People’s Committee	Total wastewater from 50 m³/day, or dust and air emissions from 20,000 m³/hour, below the permit threshold
Environmental registration with the commune-level People’s Committee	Wastewater from 5 to under 50 m³/day, or air emissions from 50 to under 20,000 m³/hour
May not need to register	Wastewater under 5 m³/day and air emissions under 50 m³/hour; check solid and hazardous waste as well
No registration needed	Activity types listed in Appendix XVI of Decree 48/2026/NĐ-CP (for example consulting and training; some retail facilities and restaurants with small construction area)

New projects subject to an environmental impact assessment, large-scale projects, and borderline cases between the two groups should be checked individually against the dossier. From 01/3/2027, the thresholds will follow the text in force at that time; this article will be reviewed before that date.

Where to file in 2026?

Since 01/7/2025, local government operates on a two-level model (province and commune), with no district level. Decree 131/2025/NĐ-CP is the framework text on allocation of authority. Within the period of Resolution 66.19/2026/NQ-CP, the filing location follows the Resolution:

Procedure	Where to file	Annual environmental protection report
Environmental permit	Provincial People’s Committee; Ministry of Agriculture and Environment for scrap importing as production raw material and hazardous waste treatment across 2 or more provinces	Form 05.A, sent before 15/01 of the following year
Environmental registration (wastewater from 50 m³/day or air emissions from 20,000 m³/hour)	Provincial People’s Committee	Form 05.B, sent before 15/01 of the following year
Environmental registration (wastewater 5 to under 50 m³/day, air emissions 50 to under 20,000 m³/hour)	Commune, ward or special zone People’s Committee	Form 05.B, sent before 15/01 of the following year

Environmental registration uses Form No. 47, Appendix II of Circular 02/2022/TT-BTNMT (as amended). When the registered content changes, the facility registers again before the change. Facilities in industrial parks or economic zones should ask the zone management board, because many provinces have authorized the board to receive dossiers.

How are re-issuance, adjustment and reissue of an environmental permit different?

These three procedures are in Article 44 of the Law on Environmental Protection 2020 (not amended by Law 146/2025/QH15), and correspond to three different situations:

Procedure	When	Basis
Re-issuance (cấp đổi)	Change of project, facility name, or owner. Other content of the permit stays the same. The new owner continues under the permit and notifies the permitting authority to have it re-issued	Clause 1, Article 44; Clause 5, Article 42
Adjustment (điều chỉnh)	During the permit’s validity, the permitted content changes at the facility’s request or as required by regulation (except where reissue is required); or a facility handling hazardous waste or importing scrap needs adjustment after trial operation to match its actual capacity	Clause 2, Article 44
Reissue (cấp lại)	The permit expires; or the facility increases its scale or capacity, changes production technology, or makes another change that increases the adverse environmental impact compared with the permit issued (except where the change falls under an environmental impact assessment)	Clause 3, Article 44

So an expansion that adds wastewater or air emissions is a reissue, not a re-issuance. Details of dossiers and procedures are set out in Decree 08/2022/NĐ-CP (as amended).

Capacity increases and new production lines: what to review?

Before investing in more machinery or adding shifts, a facility should review three points:

Compare the capacity, wastewater and air emissions stated in the existing permit or registration dossier with the expected figures after the change.
Check the new discharge volume against the thresholds in force. A facility registering with the commune may move to the provincial registration group; a facility registering may move to the permit group.
Complete the procedures (register again, reissue or apply for a permit) before operating at the new capacity.

Following this order, the facility keeps control of its schedule: the environmental dossier runs alongside the investment plan rather than after it.

Confirm the category before preparing the dossier

An environmental registration does not replace a permit where the facility falls within the permit scope. The category depends on the actual discharge volume and activity type, not on the type of dossier already filed. The first step is therefore a table of figures: designed capacity, actual capacity, wastewater flow (domestic and industrial), air emission flow, solid waste volume, and hazardous waste volume. Compare this table with the thresholds in force to identify the group and the filing location.

How does ISO 14001 help with this?

ISO 14001 is the international standard for environmental management systems. It is voluntary and helps an organization set up processes that control its environmental impacts. An ISO 14001 certificate is not an environmental permit or an environmental registration under the Law on Environmental Protection. Facilities applying ISO 14001 usually already have data on their emission sources, so identifying the category and preparing the legal environmental dossier is easier; the two complement each other. See also the article What ISO 14001:2026 updates.

How Thái Tín can help with environmental registration and permits

Thái Tín is the coordinating point that helps a facility identify the right category and connect with the right people:

We collect the industry, capacity, wastewater, air emissions and location to make a preliminary determination: environmental permit, registration with the province, registration with the commune, or no registration, before drafting the dossier.
We review existing environmental documents to determine whether the facility needs to register again, obtain a re-issuance, an adjustment or a reissue of the permit.
We connect partners who can prepare environmental reports, registration dossiers or environmental permit dossiers. The technical environmental work is done by the partner; we track progress and serve as the facility’s point of contact.
For facilities about to expand capacity, we coordinate a review in advance so that environmental procedures run alongside the investment plan.

What to prepare now: a list of current business activities; designed and actual capacity; wastewater and air emission figures; hazardous waste data (if monitored); existing environmental documents. Send this information so that Thái Tín can identify the group of work and connect the right partner.

Questions and answers

Do small facilities need to file an environmental registration?

It depends on the volume of discharge and the type of activity, not on how large or small the business feels. Under Resolution 66.19/2026/NQ-CP (applicable 18/5/2026 to 28/02/2027), a facility discharging wastewater from 5 to under 50 m³/day, or air emissions from 50 to under 20,000 m³/hour, registers with the commune-level People's Committee. Decree 48/2026/NĐ-CP has a list of activity types that do not need to register (Appendix XVI), for example consulting, training, some retail facilities and small restaurants. Facilities below the smallest thresholds must still check solid waste and hazardous waste before concluding.

How do environmental registration and the environmental permit differ?

The environmental permit applies to facilities with large discharge volumes or specific activity types. The government agency reviews the dossier and issues the permit. Environmental registration applies to facilities with lower discharge volumes. The facility self-declares and files with the provincial or commune-level People's Committee, depending on the volume. The two procedures do not replace each other: a facility within the scope of the permit must hold a permit.

In 2026, do environmental dossiers go to the commune or the province?

From 18/5/2026 to 28/02/2027, under Resolution 66.19/2026/NQ-CP: environmental registration goes to the provincial People's Committee when total wastewater is from 50 m³/day, or dust and air emissions are from 20,000 m³/hour; it goes to the commune-level People's Committee when wastewater is from 5 to under 50 m³/day, or air emissions are from 50 to under 20,000 m³/hour. The environmental permit is filed with the provincial People's Committee; importing scrap as production raw material and treating hazardous waste in areas covering 2 or more provinces fall under the Ministry of Agriculture and Environment. Facilities inside an industrial zone should also ask the zone management board.

Does increasing capacity require reissuing the environmental permit?

Yes, if the change raises the adverse environmental impact. Clause 3, Article 44 of the Law on Environmental Protection 2020 provides that an environmental permit is reissued when it expires, or when the facility increases its scale or capacity, changes its production technology, or makes another change that increases the adverse environmental impact compared with the permit issued, except where the change falls under an environmental impact assessment. Review before installing new machinery or adding shifts.

Can ISO 14001 replace the environmental permit?

No. ISO 14001 is a voluntary standard for environmental management systems, issued by a certification body. The environmental permit and the environmental registration are administrative procedures under the Law on Environmental Protection, issued or received by government agencies. The two complement each other and do not replace each other.

Legal basis · verification date

Verified 2 October 2026 · next review 15 February 2027. The content is general guidance and does not replace advice for a specific case.

Law on Environmental Protection No. 72/2020/QH14 (Luật Bảo vệ môi trường; effective 01/01/2022): Article 39 (facilities required to hold an environmental permit), Article 41 (issuing authority), Clause 5, Article 42 (change of project, facility or owner name), Article 44 (re-issuance, adjustment and reissue of environmental permits), Article 49 (environmental registration). Articles 39, 41 and 49 were amended by Law No. 146/2025/QH15 (effective 01/01/2026); Articles 42 and 44 were not amended.
Resolution 66.19/2026/NQ-CP dated 18/5/2026, effective 18/5/2026 to 28/02/2027 (Part B, Appendix IX on authority from 01/7/2026): thresholds for environmental permit and environmental registration filed with the provincial and commune-level People's Committees (Clauses 1 and 3, Section VII, Part A, Appendix IX); permit issuing authority (Section II, Part B). Cross-checked against Official Letter 6879/SNNMT-CCBVMT dated 22/6/2026 of the An Giang Department of Agriculture and Environment.
Decree 08/2022/NĐ-CP detailing the Law on Environmental Protection, amended by Decree 05/2025/NĐ-CP (06/01/2025) and Decree 48/2026/NĐ-CP (effective 29/01/2026; Article 32 on facilities not required to register, and Appendix XVI).
Decree 131/2025/NĐ-CP (effective 01/7/2025) allocating authority between the two levels of local government: framework text; within the period of Resolution 66.19/2026/NQ-CP, the thresholds and authority follow that Resolution.
Circular 02/2022/TT-BTNMT, amended by Circular 07/2025/TT-BTNMT and Circular 09/2026/TT-BNNMT: templates for environmental registration and the annual environmental protection report.