Detailed regulations on re-compilation of EIA reports in Vietnam

What are the current regulations on the re-compilation of EIA reports in Vietnam? Please get back to me.

Detailed regulations on re-compilation of EIA reports in Vietnam (Image from the Internet)

Legal grounds:

- Clause 6, Article 1 of Decree 40/2019/ND-CP takes effect from July 1, 2019.

- Article 15 of Decree 18/2015/ND-CP.

The re-compilation of EIA reports according to the latest regulations of current law is as follows:

- Projects specified in Point a and Point b Clause 1 Article 20 of the Law on Environment Protection need re-compilation of EIA reports.

A construction project considered not being executed for 24 months prescribed in Point a Clause 1 Article 20 of the Law on Environment Protection means that the project owner has not performed any item during the construction stage of the project as prescribed by law on construction.

- Projects specified in Point c Clause 1 Article 20 of the Law on Environment Protection which have not been put into operation need re-compilation of EIA reports including:

+ Expansion of scale and increase of capacity (expanding the main production lines, supplement main works and items) of the project resulting in production of waste beyond the waste treatment capacity of environment protection works as compared with the plan in the EIA report approval decision;

+ Change in production technologies of main products of the project; change in waste treatment technologies of the project which possibly causes negative environmental impact as compared with the plan for EIA report approval decision;

+ Expansion of the investment scale of the industrial park; provide for the industrial park extra investment sectors of a kind of manufacturing possibly causing environment pollution prescribed in Group I and Group II Appendix IIa Section I issued herewith.

- Project owners specified in Clause 1 hereof may keep executing the project only after the competent authority re-approves the latter EIA report; project owners specified in Clause 2 hereof may carry out above changes only after the competent authority re-approves the latter EIA report.

The latter EIA report approval decision shall replace the former EIA report approval decision.

- The re-compilation of, re-assessment and re-approval for EIA report shall be carried out following the prescribed procedures in form of consultation.

Above is the consulting content.

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