Decree 48/2026/ND-CP took effect on its signing date, 29 January 2026 — with no transition period. Its Article 35 wholly replaced Appendix XXVIII of Decree 08/2022/ND-CP, rewriting the list of facilities subject to automatic, continuous wastewater monitoring. More than eight months on, many businesses still use old forms, wrong authority names or miscalculated flow thresholds. This article summarizes the new 2026 rules on automatic environmental monitoring under the rules in force as of October 2026.
Legal framework
- Decree 48/2026/ND-CP (issued and effective 29 January 2026 — Article 39) — amending Decree 08/2022/ND-CP guiding the 2020 Law on Environmental Protection.
- Article 35: wholly replacing Appendix XXVIII (facilities subject to automatic, continuous wastewater monitoring).
- Article 36: authority renaming — Ministry of Natural Resources and Environment → Ministry of Agriculture and Environment; Departments of Natural Resources and Environment → Departments of Agriculture and Environment; many procedures decentralized from district to commune-level People’s Committees.
Thresholds for automatic, continuous wastewater monitoring (new Appendix XXVIII)
| Group | Automatic, continuous monitoring mandatory | Periodic monitoring only |
|---|---|---|
| Group 1: Concentrated production/business/service zones; industrial clusters; centralized wastewater treatment systems of economic zones | 500 m³/day or more | 200 to under 500 m³/day |
| Group 2: Projects/facilities in pollution-prone sectors (Appendix II) | 500 m³/day or more | 200 to under 500 m³/day |
| Group 3: Projects/facilities not in pollution-prone sectors | 1,000 m³/day or more | 500 to under 1,000 m³/day |
Key note: “periodic monitoring” does not mean doing nothing — the monitoring duty persists, only the method differs. When actual flow exceeds the threshold, the duty to install an automatic station arises immediately, without waiting for the next environmental licence cycle.
Mandatory monitoring parameters
All three groups — six indicators: influent flow, effluent flow, pH, temperature, TSS, COD or TOC, and ammonium. Ammonium is waived for production types not required to control it.
Immediate actions: update authority names and data transmission
- Review all documents, reports and forms — rename the receiving authority to the Department of Agriculture and Environment.
- Check datalogger configuration and data transmission: the receiving unit name must match the Department’s new name.
- Update the environment team’s contact list; note procedures now decentralized to commune-level People’s Committees.
Tighter local rules: Hanoi and Ho Chi Minh City
Hanoi — Resolution 61/2026/NQ-HDND (15 June 2026)
- Implementing Article 30 of the 2026 Capital Law — Hanoi may apply stricter environmental measures than national rules.
- From 1 July 2026: automatic-monitoring flow thresholds at 90% of national levels; from 1 January 2031: down to 80%.
- Covering 13 wastewater-generating production types and 4–5 dust/emission types with high pollution risk.
Ho Chi Minh City — Resolution 61/2026/NQ-HDND (22 September 2026, effective 1 October 2026)
- Implementing point a, clause 4, Article 42 of the Law on Digital Urban Development 18/2026/QH16.
- Specifying the facilities and discharge thresholds subject to automatic, continuous monitoring in the City.
⚠️ Note: the two resolutions share the number 61/2026 but come from different localities — always name the locality when citing.
Sanctions for non-compliance
Facilities required to install automatic, continuous monitoring systems that fail to do so face administrative sanctions under environmental protection law. Recommendation: self-monitor regularly, maintain equipment, and keep data flowing to the Department to avoid risk.
Frequently asked questions
1. Are facilities connected to a centralized treatment system exempt?
Under Decree 08/2022 (Article 97(2), still in force on this point), certain categories are excluded — including facilities connected to centralized wastewater treatment systems. Check the specific exclusion conditions.
2. What if flow exceeds the threshold between licence cycles?
The installation duty arises immediately when actual flow exceeds the threshold — no waiting for licence re-issuance.
Legal sources
- Decree 48/2026/ND-CP (issued and effective 29 January 2026 — Article 39), amending Decree 08/2022/ND-CP: Article 35 (replacing Appendix XXVIII — thresholds and parameters), Article 36 (authority renaming, decentralization).
- Resolution 61/2026/NQ-HDND — Hanoi People’s Council (15 June 2026; implementing Article 30 of the 2026 Capital Law).
- Resolution 61/2026/NQ-HDND — Ho Chi Minh City People’s Council (22 September 2026, effective 1 October 2026; under Law 18/2026/QH16).
- Law on Environmental Protection 72/2020/QH14.
Transparency: This article was prepared by AI within the FLAW AI Legal Council workflow; it is not advice from a human lawyer and does not replace legal advice for your specific case.
FLAT Law Firm advises on environmental law compliance — from automatic monitoring and fee declarations to environmental licences. Contact us for advice on your specific case.
This article is pending review by the QA Council.
