Small workshops, laundries, eateries and similar facilities generate waste, but at modest scale — must they obtain the same heavyweight environmental license as large factories? The answer is no: the law provides a much lighter procedure called environmental registration, and quite a few facilities are exempt from it altogether.
This article guides small production facilities in identifying their correct obligation under 2026 law.
1. Three tiers of obligation: find where your facility sits
Environmental law tiers obligations by emission scale:
- Tier 1 — Environmental license: large-emission projects and facilities (Article 39 of the 2020 Law on Environmental Protection);
- Tier 2 — Environmental registration: generating waste but NOT subject to the environmental license;
- Tier 3 — Exempt from registration: very small waste volumes meeting the exemption thresholds.
Under Clause 1, Article 49 of the 2020 Law on Environmental Protection, registration subjects include: investment projects generating waste that are not subject to the environmental license; production, business and service facilities operating before 1 January 2022 with similar waste generation.
2. Which facilities are exempt from environmental registration?
Under Article 32 of Decree 08/2022/ND-CP (amended by Decree 05/2025/ND-CP, effective 6 January 2025), exemption applies when all of the following criteria are met simultaneously:
- Regularly generated hazardous waste below 20 kg/month or 240 kg/year;
- Regularly generated ordinary industrial solid waste requiring treatment below 100 kg/month or 1,200 kg/year;
- Domestic solid waste below 300 kg/day;
- Wastewater below 5 m³/day and exhaust gas below 50 m³/hour, treated by on-site works/equipment or managed under local government regulations.
Also exempt: defense/security state-secret projects and facilities; subjects listed in Appendix XVI of Decree 08/2022/ND-CP. Note: exemption from registration does NOT mean exemption from all obligations — waste must still be managed under local government regulations.
3. What does the registration dossier contain?
Under Article 22 of Circular 02/2022/TT-BTNMT, the dossier is compact:
- The environmental registration document of the project/facility owner in Form No. 47, Appendix II of the Circular;
- A copy of the decision approving the EIA appraisal results (if any).
Registration contents (Clause 4, Article 49): general information; production type, technology, capacity, products; raw materials, fuels, chemicals; waste types and volumes; waste collection, management and treatment plans; commitment to environmental protection.
4. Where and when to file?
- Where: the commune-level People’s Committee of the project/facility location (Clause 3, Article 49 — the law assigns this directly to the commune level). Projects spanning two or more communes may choose one. Filing: in person, by post or online. Since 1 July 2025, under the two-level government model, the commune is the closest point of contact for this procedure;
- When: EIA-subject projects → register before official operation; non-EIA projects → register before the construction permit is issued (where required) or before discharging waste into the environment.
5. Frequently asked questions
Q: Must a small eatery or motorbike repair shop register?
A: If waste meets all exemption thresholds simultaneously (e.g. only domestic waste below 300 kg/day, wastewater below 5 m³/day treated on-site), registration is exempt. Exceeding any threshold → registration required.
Q: Does environmental registration need periodic renewal?
A: The law sets no validity period like the environmental license; but when scale or technology changes alter the registered contents, the owner must re-register.
Q: Is there a penalty for failing to register?
A: Yes — an administrative violation in environmental protection, punishable under Decree 45/2022/ND-CP.
Unsure which tier your facility falls into? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.