Title: Decision on Promulgating Regulations on the Appraisal of Environmental Impact Assessment Reports In Vietnam, the agency that appraises the environmental impact assessment report is the Ministry of Natural Resources and Environment (MONRE).
Translation of Legal Document
Competent Authority for Appraisal of Environmental Impact Assessment Report in Vietnam
In Vietnam, the agency responsible for appraising the environmental impact assessment report is determined by the nature and scale of the project. Generally, this responsibility falls under the Ministry of Natural Resources and Environment (MONRE) or the Department of Natural Resources and Environment (DONRE) at the provincial level.Dossier for Application for Appraisal
A dossier of application for appraisal of an environmental impact assessment report typically includes the following documents:- An application form for the appraisal of the environmental impact assessment report;
- The environmental impact assessment report of the project;
- Relevant legal documents of the project owner (e.g., business registration certificate);
- Technical documents, designs, or other necessary supporting documents related to the project;
- Proof of payment of the appraisal fee.
Specific Steps and Authorities
To determine the specific agency responsible for appraising the environmental impact assessment report for your company's project, it is necessary to:- Identify the type and scale of your project;
- Refer to the provisions of Decree No. 18/2015/ND-CP dated February 14, 2015, which details environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plans;
- Consult with the local DONRE or MONRE for more detailed guidance based on the specific requirements of your project.
In Vietnam, which agency appraises the environmental impact assessment report?
Pursuant to Article 35 of the Law on Environmental Protection 2020, the competence to appraise environmental impact assessment reports is as follows:
The Ministry of Natural Resources and Environment shall organize the appraisal of EIARs for the following investment projects, except for the investment projects specified in Clause 2 of this Article:
a) Group 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 the responsibility of the provincial People’s Committee for administrative management has 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.
The Ministry of National Defense and Ministry of Public Security shall organize the appraisal of EIARs for investment projects classified as state secrets in the fields of national defense and security.
Provincial People’s Committees shall organize the appraisal of EIARs for investment projects within their provinces, except for the investment projects in Clauses 1 and 2 of this Article. Ministries and ministerial agencies shall cooperate with provincial People’s Committees to appraise EIARs for investment projects subject to investment guideline and decision by such provincial People’s Committees.
Thus, according to the above provisions, the competent authority to appraise the environmental impact assessment report is the agency as above. Depending on the investment project of your company, there will be a corresponding competent authority for the appraisal of the environmental impact assessment report.
Dossier of application for appraisal of an environmental impact assessment report includes what?
Pursuant to Clause 1, Article 34 of this Law, a dossier of request for appraisal of an environmental impact assessment report includes:
An application for EIAR appraisal consists of:
a) An application form for EIAR appraisal;
b) The EIAR;
c) A feasibility study report of the investment project or equivalent document.
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