What is included in the application for appraisal of an environmental impact assessment report in Vietnam? What is the time limit for appraisal of an environmental impact assessment report in Vietnam?
- What is included in the application for appraisal of an environmental impact assessment report in Vietnam?
- What are the regulations on the appraisal of an environmental impact assessment report in Vietnam?
- What is the time limit for appraisal of an environmental impact assessment report in Vietnam?
- What are the contents of the appraisal of an environmental impact assessment report in Vietnam?
What is included in the application for appraisal of an environmental impact assessment report in Vietnam?
Pursuant to the provisions of Clause 1, Article 34 of the 2020 Law on Environmental Protection in Vietnam, the application for appraisal of an environmental impact assessment report includes:
- An application form of appraisal for environmental impact assessment report;
- The environmental impact assessment report;
- A feasibility study report of the investment project or equivalent document.
What is included in the application for appraisal of an environmental impact assessment report in Vietnam? What is the time limit for appraisal of an environmental impact assessment report in Vietnam?
What are the regulations on the appraisal of an environmental impact assessment report in Vietnam?
Pursuant to the provisions of Clause 3, Article 34 of the 2020 Law on Environmental Protection in Vietnam, the environmental impact assessment report shall be appraised as follows:
- The appraising authority shall decide to establish an appraisal council consisting of at least 07 members; send the council establishment decision together with the documents specified in Points b and c Clause 1 Article 34 of the 2020 Law on Environmental Protection in Vietnam to each member;
- At least one-third of the appraisal council’s members are experts. An expert must have expertise in environment or another field related to the investment project and at least 07 years' working experience if he/she holds a bachelor's degree or equivalent qualification, at least 03 years’ working experience if he/she holds a master's degree or equivalent qualification or at least 02 years’ working experience if he/she holds a doctorate degree or equivalent qualification;
- Experts participating in conducting environmental impact assessment of the investment project are not allowed to join the council appraising the environmental impact assessment report of such project;
- If the investment project discharges wastewater into a hydraulic structure, the appraisal council must have a representative of the regulatory body managing such hydraulic structure; the appraising authority shall collect written comments and reach an agreement with that regulatory body before approving the appraisal result.
The regulatory body managing the hydraulic structure shall appoint a member to join the appraisal council and comment on the approval of the appraisal result in writing within the time limit for comment collection; if such time limit expires and a written response fails to be given, it is considered that such body agrees to the environmental impact assessment report contents;
- Council's members shall consider the application for appraisal, make remarks about the appraisal contents specified in Clause 7 Article 34 of the 2020 Law on Environmental Protection in Vietnam and take legal responsibility for their remarks;
- The appraising authority shall consider, evaluate and consolidate comments of council’s members and relevant organizations (if any) to form a basis for deciding to approve the environmental impact assessment report appraisal result.
What is the time limit for appraisal of an environmental impact assessment report in Vietnam?
Pursuant to the provisions of Clause 6 Article 34 of the 2020 Law on Environmental Protection in Vietnam, the time limit for appraisal of an environmental impact assessment report is as follows:
The time limit for environmental impact assessment report appraisal begins on the date of receiving a satisfactory application and is as follows:
- Not exceeding 45 days with respect to the Group I investment project mentioned in Clause 3 Article 28 of the 2020 Law on Environmental Protection in Vietnam;
- Not exceeding 30 days with respect to the Group II investment project mentioned in Point c, d, dd or e Clause 4 Article 28 of the 2020 Law on Environmental Protection in Vietnam.
- Within the time limit specified in Points a and b Clause 6 Article 34 of the 2020 Law on Environmental Protection in Vietnam, the appraising authority shall notify the investment project owner in writing of the appraisal result.
The time when the investment project owner revises the environmental impact assessment report at the request of the appraising authority and the time when the approval decision is considered to be issued as prescribed in Clause 9 Article 34 of the 2020 Law on Environmental Protection in Vietnam shall not be included in the time limit for appraisal;
- The time limit mentioned in Points a and b Clause 6 Article 34 of the 2020 Law on Environmental Protection in Vietnam may be extended under the Prime Minister’s decision.
What are the contents of the appraisal of an environmental impact assessment report in Vietnam?
Pursuant to the provisions of Clause 7, Article 34 of the 2020 Law on Environmental Protection in Vietnam, the contents of appraisal of the environmental impact assessment report include:
- Conformity with the national environmental protection planning, regional planning, provincial planning and regulations of law on environmental protection;
- Conformity of the environmental impact assessment method and other methods adopted (if any);
- Conformity of result of identification of a work item or activity likely to result in adverse environmental impacts;
- Conformity of result of assessment of state of the environment and biodiversity; identification of affected subjects and sensitive environmental factor at the project location;
- Conformity of result of identification and prediction of major environmental impacts and waste generated from the investment project; prediction of environmental emergencies;
- Conformity and feasibility of environmental protection works and measures; environmental improvement and remediation scheme (if any); biodiversity offsetting plan (if any); environmental emergency prevention and response scheme;
- Conformity of the environmental management and supervision program; adequacy and feasibility of environmental commitments made by the investment project owner.
Nguyễn Thị Hồng Nhung