Discharging wastewater into a water source (river, canal, lake) is governed by two legal systems at once: the environmental licence under environmental law and the water resources permit under water resources law. An FDI company that handles only one of the two commits the classic omission — usually revealed only when the other sector’s inspectors arrive.
Two permit frameworks for one discharge act
- The water resources frame — Water Resources Law 28/2023/QH15 (effective 1 July 2024) and Decree 53/2024/ND-CP: discharging wastewater into a water source is a water exploitation and use activity requiring a permit in prescribed cases, issued by the Ministry of Natural Resources and Environment or the provincial People’s Committee by flow and source importance.
- The environmental frame runs in parallel — Environmental Protection Law 72/2020/QH14 simultaneously requires discharge content (receiver, flow, parameters) inside the facility’s environmental licence; the two permits regulate different aspects (the right to use the water source and discharge quality standards) and do not replace each other.
- Effluent quality conditions — wastewater before discharge must meet the technical regulation for the receiver (sector QCVN or QCVN 40:2011/BTNMT for industrial wastewater) — the permit records specific limit parameters and the discharge point the company must maintain continuously, not only on acceptance day.
- Validity and renewal — a water resources permit has a definite term stated in the permit (by activity type and the Water Resources Law); on expiry, re-issuance or renewal procedures must be filed before the expiry date; discharging on an expired permit counts as unpermitted discharge.
A procedure path for direct-discharging factories
- Determine the issuing authority by discharge flow and receiver (central or provincial) and prepare dossiers simultaneously for the water resources permit and the discharge content in the environmental licence.
- Prepare the discharge scheme: flow, treated effluent quality, monitoring and incident response plans — the technical core of the dossier, not a mere application form.
- Put renewal dates into the factory’s compliance reminder system six months ahead, because re-issuance needs appraisal and there is no ‘automatic renewal’ when a company forgets.
One discharge point, two permit systems — that is the legal reality a direct-discharging FDI factory must govern correctly. Companies that map their discharge point’s permits (water resources + environment + sector regulation) and manage their expiry dates as one compliance portfolio never fall into the ‘this licence yes, that licence no’ trap before inspectors.
Frequently asked questions
Does discharging wastewater into a river need a permit?
Yes: in prescribed cases a water resources permit for discharging into a water source under Water Resources Law 28/2023, and the discharge content must also sit in the facility’s environmental licence.
Where do we apply, and how long does it take?
By decentralised authority (Ministry of Natural Resources and Environment or provincial People’s Committee) depending on flow and source; allow several months for appraisal procedures.
How is an expiring permit renewed?
File for re-issuance or renewal before expiry under Water Resources Law procedures; discharging while the permit is expired is treated as unpermitted discharge.
This article has been quality-reviewed by the FLAW AI Legal Council