The responsibility of the project owner pertaining to the approved EIA report in Vietnam
What are the current regulations on the responsibility of the project owner pertaining to the approved EIA report in Vietnam? Please get back to me.
The responsibility of the project owner pertaining to the approved EIA report in Vietnam (Image from the Internet)
Legal grounds:
- Clause 7, Article 1 of Decree 40/2019/ND-CP takes effect from July 1, 2019.
- Article 16 of Decree 18/2015/ND-CP.
The responsibility of the project owner pertaining to the approved EIA report according to the latest regulations of current law is as follows:
- Gain perception of sufficient contents and requirements of the EIA report approval decision to the investment project, construction investment project.
- Cooperate with the People’s Committee of commune from which the consultations are sought, during the EIA report compilation, in posting publicly the EIA report approval decision at the head office of the People’s Committee of commune, except for the case of consultation exemption prescribed in Clause 3 Article 21 of the Law on Environment Protection.
- Strictly satisfy requirements prescribed in Article 26 and Article 27 of the Law on Environment Protection.
- During the construction stage of the project, if the project owner has any change prescribed in Clause 2 Article 26 of the Law on Environment Protection, it must send a written report to the EIA report approval authority and make such change only after receiving a decision on environmental approval in the following cases:
+ Construction projects of industrial park infrastructure with additional investment sectors of a kind of manufacturing possibly causing environment pollution under group III Appendix Iia Section I issued herewith;
+ Expansion of scale and increase of capacity; change of technology of the project of a kind of manufacturing possibly causing environment pollution prescribed in Appendix Iia Section I issued herewith not subject to re-compilation of EIA report prescribed in Clause 2 Article 15 hereof.
- File, approve and implement the plan for hydroelectric reservoir cleaning before filling if the project has construction work of storage ponds or reservoirs; the reservoirs shall be filled after the approving authority carries out an inspection and grant a written approval.
- With regard to cases prescribed in column 4 Appendix II of this Decree, the project owner must send a report on results of environment protection works serving the operation phase on the basis of approved EIA report and approval for amendment (if any) sent to the approving authority for verification and confirmation of finished project before putting the project into official operation. With regard to project of investment having multiple phases, the results of environment protection works serving the operation phase shall be reported according to every phase of the project.
- Send a report on amendments and only implement amendments related to scope, scale, capacity, production technology, environment protection works and measures of projects after receiving the written approval issued by the approving authority.
Above is the consulting content.
