[Latest 2022 Update] What is environmental impact assessment report in Vietnam?

What is environmental impact assessment report in Vietnam?

According to the latest update in 2022, Pursuant to Clause 7, Article 3, Law on Environmental Protection 72/2020/QH14 stipulates. . Environmental impact assessment means the process of analyzing, assessing, identifying and predicting environmental impacts of an investment project in order to take measures to reduce adverse impacts on the environment. 

Which subjects have to implement environmental impact assessment in Vietnam?

Pursuant to article 30, the Law on Environmental Protection 72/2020/QH14 stipulates that the subjects must apply for environmental impact assessment as follows:

I. Group I investment projects mentioned in Clause 3 Article 28 of the Law on Environmental Protection 72/2020/QH14. Group I investment projects are those that pose a high risk of adverse environmental impacts, including:

1. Large-scale and capacity projects involved in types of production, business and services that are likely to cause environmental pollution; projects providing hazardous waste treatment service; projects involving import of scrap from foreign countries as production materials;

2. Medium-scale and capacity projects involved in types of production, business and services with environmentally sensitive factors that are likely to cause; large-scale and capacity projects not involved in types of production, business and services with environmentally sensitive factors that are likely to cause environmental pollution;

3. Large- or medium-scale projects using land, land with water surface and marine area with environmentally sensitive factors;

4. Large- or medium-scale and capacity projects on extraction of minerals and water resources with environmentally sensitive factors;

5. Projects requiring repurposing of land on at least medium scale with environmentally sensitive factors;

6. Large-scale projects requiring migration and relocation.

Pursuant to Clause 3, Article 28, Law on Environmental Protection 72/2020/QH14; (Look up the project list in Appendix III – Decree 08/2022/ND-CP)

Group II investment projects mentioned in Points c, d, dd and e Clause 4 Article 28 of Law on Environmental Protection 72/2020/QH14. Group II investment projects are those that pose a risk of adverse environmental impacts, including:

1. Large- or medium-scale projects using land, land with water surface and marine area with environmentally sensitive factors;

2. Small-scale and capacity projects on extraction of minerals and water resources with environmentally sensitive factors;

3. Small-scale projects requiring repurposing of land with environmentally sensitive factors;

4. Medium-scale projects requiring migration and relocation.

Pursuant to Points c, d, dd and e, Clause 4, Article 28, Law on Environmental Protection 72/2020/QH14; (Look up the project list in Appendix IV – Decree 08/2022/ND-CP)

III. Note: If the projects are urgent public investment projects as prescribed by the Law on Public Investment, they shall not be subject to EIA

Capacity of an investment projects involved in a type of production, business or services that is likely to cause environmental pollution specified in the Appendix II enclosed herewith is defined in the proposal for investment project, feasibility study report, economic-technical report or equivalent document of the project classified into 03 types: large, medium and small. 

Pursuant to Clause 2, Article 25, Decree 08/2022/ND-CP

Which Agency reviews the dossier of environmental impact assessment in Vietnam?

Pursuant to Article 35, Law on Environmental Protection 72/2020/QH14 stipulates that the agency appraising environmental impact assessment dossiers is as follows:

1. The Ministry of Natural Resources and Environment

a, DGroup I investment projects mentioned in Clause 3 Article 28 of this Law;

b, Group II investment projects in Points c, d, dd and e Clause 4 Article 28 of this Law subject to investment guideline decision or approval by the National Assembly and Prime Minister; investment projects involving 02 provinces or more; investment projects located within territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned; investment projects subject to issuance of the mineral mining license, license to extract and use water resources, ocean dumping permit and marine area transfer decision by the Ministry of Natural Resources and Environment.

2. The Ministry of National Defense and Ministry of Public Security shall organize appraisal of environmental impact assessment for investment projects classified as state secrets in the field of national defense and security.

3. Provincial People’s Committees shall organize appraisal of environmental impact assessment for investment projects within their provinces, except for the investment projects in Clauses 1 and 2 of this Article.

Legal basis and implementation details: 

Pursuant to the Law on Environmental Protection No.  72/2020/QH14 dated November 17, 2020 of the National Assembly of the Socialist Republic of Vietnam;

Pursuant to Decree No. 08/2022/ND-CP dated January 10, 2022 Decree detailing a number of articles of the Law on Environmental Protection;
 

Source: A Chau Environment