What is the time limit for the environmental impact assessment report (EIAR) appraisal in Vietnam?

What is the time limit for the EIAR appraisal in Vietnam? What are the contents of EIAR appraisal in Vietnam?

Hello Lawnet. My company has just done an EIAR and sent it to the competent authorities for appraisal. I would like to know about the time limit for the EIAR appraisal in Vietnam. Thanks in advance.

What is the time limit for the EIAR appraisal in Vietnam?

Pursuant to Clause 6, Article 34 of the Law on Environmental Protection in 2020 stipulating the time limit for EIAR appraisal in Vietnam as follows: 

6. The time limit for EIAR appraisal begins on the date of receiving a satisfactory application and is as follows:

a) Not exceeding 45 days with respect to the Group I investment project mentioned in Clause 3 Article 28 of this Law;

b) 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 this Law.

c) Within the time limit specified in Points a and b of this Clause, the appraising authority shall notify the investment project owner in writing of the appraisal result. The time when the investment project owner revises the EIAR at the request of the appraising authority and the time when the approval decision is considered to be issued as prescribed in Clause 9 of this Article shall not be included in the time limit for appraisal;

d) The time limit mentioned in Points a and b of this Clause may be extended under the Prime Minister’s decision.

As regulations above, the time limit for EIAR appraisal begins on the date of receiving a satisfactory application. It shall not exceed 45 days with respect to the Group I investment project and 30 days with respect to the Group II investment project in accordance with the Law. Besides, the time limit may be extended under the Prime Minister’s decision.

What are the contents of EIAR appraisal in Vietnam?

Pursuant to Clause 7, Article 34 of the Law on Environmental Protection in 2020 stipulating the contents of EIAR appraisal in Vietnam as follows: 

7. Contents of EIAR appraisal are composed of:

a) Conformity with the national environmental protection planning, regional planning, provincial planning and regulations of law on environmental protection;

b) Conformity of the EIA method and other methods adopted (if any);

c) Conformity of result of identification of a work item or activity likely to result in adverse environmental impacts;

d) Conformity of result of assessment of state of the environment and biodiversity; identification of affected subjects and sensitive environmental factor at the project location;

dd) Conformity of result of identification and prediction of major environmental impacts and waste generated from the investment project; prediction of environmental emergencies;

e) 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;

g) Conformity of the environmental management and supervision program; adequacy and feasibility of environmental commitments made by the investment project owner.

Best regards!

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