Does environmental impact assessment need to consult residential communities around the investment project in Vietnam?

1. Does environmental impact assessment need to consult residential communities around the investment project in Vietnam?

Pursuant to Article 33 of the Law on Environmental Protection 2020, consultation during EIA is as follows:

1. Consultees include:

a) Residential communities and individuals under direct impact of the investment project;

b) Agencies and organizations directly related to the investment project.

2. Responsibility for holding a consultation:

a) The investment project owner shall hold a consultation with the consultees specified in Clause 1 of this Article. It is advisable to consult experts during the EIA;

b) Agencies and organizations mentioned in Point b Clause 1 of this Article shall give a written response to the investment project owner within the prescribed time limit; if the time limit expires and a written response fails to be given, it is considered that such agencies and organizations agree to the consultation contents.

3. Contents of a consultation consist of:

a) Location of the investment project;

b) Environmental impacts of the investment project;

c) Measures to reduce adverse environmental impacts;

d) Environmental management and supervision program; environmental emergency prevention and response scheme;

dd) Other contents related to the investment project.

4. The consultation shall be held by publishing it on websites and adopting one or more of the following methods:

a) Holding a meeting to collect comments;

b) Collecting written comments.

5. The consultation result is important for the investment project owner to work out solutions for minimizing environmental impacts and complete the environmental impact assessment report. The consultation result shall be processed and fully and truthfully present comments and propositions made by consultees and entities getting interested in the investment project (if any). If the comments or propositions are objected, the investment project owner is required to provide a clear explanation. The investment project owner shall take legal responsibility for consultation contents and result specified in the environmental impact assessment report.

6. Investment projects on the list of state secrets are not subject to consultation.

7. The Government shall elaborate this Article.

As such, your company must conduct consultations with residential communities and individuals under direct impact of the investment project, regardless of the residential community in the project or around the project. In addition, your company must consult agencies and organizations directly related to the investment project in Vietnam.

2. What do main contents of an environmental impact assessment report in Vietnam comprise? 

According to Article 32 of the Law on Environmental Protection 2020, main contents of an environmental impact assessment report are as follows:

1. Main contents of an environmental impact assessment report (hereinafter referred to as “EIAR”) include:

a) Origin of the investment project, project owner, authority approving the project; legal and technical bases; EIA methods and other methods adopted (if any);

b) Conformity of the investment project with the national environmental protection planning, regional planning, provincial planning, regulations of law on environmental protection and other relevant regulations of law;

c) Assessing selected technologies and work items and activities that may result in adverse environmental impacts;

d) Natural, socio-economic and biodiversity conditions; assessment of state of the environment; identifying affected subjects and sensitive environmental factor at the project location; demonstration of the suitability of the project location;

dd) Identifying, assessing and predicting major environmental impacts and waste generated in the phases of the investment project quantity and nature of waste; impacts on biodiversity, natural heritage sites, historical-cultural sites/monuments and other sensitive factors; impacts caused by land clearance, migration and relocation (if any); identifying and assessing environmental emergencies that are likely to occur;

e) Works and methods for collecting, storing and treating waste;

g) Methods for reducing other adverse environmental impacts of the investment project; environmental improvement and remediation scheme (if any); biodiversity offsets scheme (if any); environmental emergency prevention and response plan;

h) Environmental management and supervision program;

i) Consultation result;

k) Conclusions, propositions and commitments made by the investment project owner.

2. The Minister of Natural Resources and Environment shall elaborate this Article.

According to this Article, the environmental impact assessment report includes the main contents specified above in Vietnam.

Best Regards!