The factory is built and machinery installed — but before an FDI project’s production line runs officially, the investor must fulfil a series of notification obligations to competent state authorities. Missing any link can lead to penalties or forced shutdown. This article sets out all these obligations under the law in force as of 15 October 2026.
1. Applicable legal framework
- Investment Law 143/2025/QH15 (effective 1 March 2026) — construction commencement notification;
- Law on Environmental Protection 72/2020/QH14 — Article 42 (timing of environmental licensing), Article 46 (trial operation of environmental protection works);
- Decree 08/2022/ND-CP — Article 31 (amended by Clause 13, Article 1 of Decree 05/2025/ND-CP, effective 6 January 2025): trial operation of waste treatment works after environmental licensing;
- Law on Fire Prevention, Fighting and Rescue 55/2024/QH15 — Article 18: fire safety acceptance before putting works into use.
2. Construction commencement notification
Under Investment Law 2025 (special investment procedures), before commencing construction, the investor sends the authority in charge of local construction order management and the IP/EPZ/hi-tech park/economic zone Management Board a written commencement notice accompanied by:
- The construction investment economic-technical report prepared, appraised and approved by the investor;
- The verification report on the economic-technical report by a qualified verifier — covering works safety, environmental protection, fire prevention and fighting, and compliance with standards and technical regulations.
3. Environmental license before trial operation
Under Article 42 of the Law on Environmental Protection, projects subject to environmental impact assessment must hold the environmental license before trial operation of waste treatment works. This is a prerequisite — without the license, the waste treatment system may not be trial-operated, and the whole project cannot be trial-run.
4. Trial operation plan notification — at least 10 days
Under Clause 2, Article 31 of Decree 08/2022/ND-CP (amended by Decree 05/2025/ND-CP), the project owner must trial-operate waste treatment works concurrently with trial operation of the entire investment project (or per investment phase, or for an independent waste treatment item).
Notification obligation: the owner notifies the trial operation plan for the project’s waste treatment works/items to the environmental licensing authority at least 10 days before the trial operation date, for monitoring and supervision.
Trial operation duration: 03–06 months for projects with high pollution risk and large capacity; other projects as decided by the owner but not exceeding 06 months. Extension requires a written notice stating reasons, not exceeding 06 months.
During trial operation, the owner must comply with environmental requirements under the environmental license. For projects providing hazardous waste treatment services or importing scrap as production materials: the trial operation result report must be sent to the licensing authority 45 days before trial operation ends (Article 46, Law on Environmental Protection).
Distinction to note: the law directly regulates “trial operation of waste treatment works” — tied to the trial run of the entire production line. Enterprises should not treat “production line test-runs” as purely internal activities requiring no notification.
5. Fire safety acceptance before use
Under Article 18 of Law 55/2024/QH15, works subject to fire safety design appraisal, after owner-organized acceptance, must have their acceptance work inspected by the specialized management authority; they may only be put into exploitation and use after the acceptance result is approved. An FDI factory officially “runs” only after this approval.
6. Chronological obligation chain
| # | Obligation | Timing | Receiving authority |
|---|---|---|---|
| 1 | Construction commencement notice | Before breaking ground | Construction order authority + IP Management Board |
| 2 | Hold the environmental license | Before trial-operating waste treatment works | Ministry of Agriculture and Environment / provincial People’s Committee Chairperson |
| 3 | Notify the trial operation plan | At least 10 days before trial operation | Environmental licensing authority |
| 4 | Trial operation (3–6 months) | Concurrent with whole-project test run | — |
| 5 | Fire safety acceptance + approval | Before putting into use | Public Security authority |
| 6 | Report trial operation results (hazardous waste/scrap projects) | 45 days before trial operation ends | Environmental licensing authority |
7. Frequently asked questions
Does a production line test-run need a separate permit?
The law provides no standalone “test-run permit”, but imposes the notification chain and prerequisites (environmental license, fire safety acceptance) above. Completing this chain is the condition for lawful test-runs.
What if the 10-day trial operation notice is missed?
This is a clear legal obligation under Article 31 of Decree 08/2022/ND-CP; violations may attract administrative penalties in the environmental sector. Build the 10-day milestone into the commissioning plan.
Which waste treatment works are exempt from trial operation?
Under Clause 1, Article 31 of Decree 08/2022/ND-CP: settling ponds of ordinary construction-material mining; incident ponds; dust/exhaust systems not requiring treatment; on-site wastewater treatment works (septic tanks, etc.); cooling water treatment systems; waste treatment works of expansion projects unchanged from the issued license, etc.
This article was prepared by the FLAW AI Legal Council — the AI legal council of FLAT Law Firm, based on legislation in force as of 15 October 2026. It is general reference only and not legal advice for your specific case.
For tailored advice on commissioning procedures for your project, please contact FLAT Law Firm.
Article status: pending QA council review.