Is proactiveness in pollution prevention and control considered one of the criteria to determine the best available technology?

1. Pursuant to Clause 2, Article 105 Law on Environmental Protection 2020 regulations Apply the best available techniques as follows:

“1. Owners of investment projects and establishments of production, business and service types that are at risk of causing environmental pollution are responsible for researching and applying the best available techniques according to the roadmap prescribed by the Government. determination; Provide information upon request to serve the development of technical guidance applying the best available techniques.

2. Criteria for determining the best available technique include:

a) Ability to reduce the amount of pollutants;

b) Ability to increase the amount of recyclable waste;

c) Costs for applying and operating the best available technology;

d) Ability to save energy;

d) Proactiveness in preventing and controlling pollution.

3. The Ministry of Natural Resources and Environment shall preside over and coordinate with the Ministry of Science and Technology and relevant ministries and ministerial-level agencies to develop and promulgate technical guidance on applying the best available techniques or Consider recognizing the best available techniques that have been applied in the Group of industrialized countries that are allowed to be applied in Vietnam; Review, update and supplement the best available technical list to ensure compatibility with reality and the level of development of science and technology; Provide guidance on applying the best available techniques to each type of production, business, and service that is at risk of causing environmental pollution.

2. Accordingly, the criteria for determining the best available technique include:

- Ability to reduce the amount of pollutants;

- Ability to increase the amount of recyclable waste;

- Costs for applying and operating the best available techniques;

- Ability to save energy;

- Proactiveness in preventing and controlling pollution.

Thus, proactiveness in preventing and controlling pollution is considered one of the criteria to determine the best available technology.

Owners of investment projects and establishments of production, business and service types that are at risk of causing environmental pollution are responsible for researching and applying the best available techniques according to the roadmap prescribed by the Government; Provide information upon request to serve the development of technical guidance applying the best available techniques.

And the roadmap for applying the best available technology is specified in Article 53 Decree 08/2022/ND-CP, specifically:

The roadmap for applying the best available technology

1. Owners of investment projects in the form of production, business, or services that have the risk of causing environmental pollution are responsible for researching and applying the best available techniques to at least one activity or stage. Production according to the following roadmap:

a) Before January 1, 2027 for investment projects falling under Level I, Appendix II issued with this Decree;

b) Before January 1, 2028 for investment projects falling under Level II, Appendix II issued with this Decree;

c) Before January 1, 2029 for investment projects falling under Level III, Appendix II issued with this Decree.

2. Owners of establishments with types of production, business or services that are at risk of causing environmental pollution are responsible for researching and applying the best available techniques to at least one activity or production stage. according to the following itinerary:

a) Before January 1, 2028 for establishments under Level I, Appendix II issued with this Decree;

b) Before January 1, 2029 for establishments under Level II, Appendix II issued with this Decree;

c) Before January 1, 2030 for establishments under Level III, Appendix II issued with this Decree.

3. Encourage owners of projects and establishments of types of production, business, and services that are at risk of causing environmental pollution to apply the best available techniques for at least one activity or early production stage. than the roadmap specified in Clauses 1 and 2 of this Article to enjoy incentives and support as prescribed in this Decree.