Circular 25: Forms used in appraisal of environmental impact assessment reports in Vietnam

Specifically, according to the Circular No. 25/2019/TT-BTNMT of the Ministry of Natural Resources and Environment of Vietnam, format and contents of an environmental impact assessment report are provided in the Form No. 04 Appendix I hereof. 

- An environmental impact assessment report approved by the council shall be appraised by using the following:

+  The decision to establish an environmental impact assessment report appraisal council which is provided in the Form No. 02a Appendix I hereof;

+ An evaluation report of a member of the environmental impact assessment report appraisal council which is provided in the Form No. 06 Appendix I hereof;

+ An appraisal form of a member of the environmental impact assessment report appraisal council which is provided in the Form No. 07 Appendix I hereof;

+ A notification of appraisal results which is provided in the Form No. 08 Appendix I hereof.

- An environmental impact assessment report shall be appraised by sending enquiries:

+ The appraising authority or authorized standing appraising authority shall send enquiries to organizations or scientific experts/officials (hereinafter referred to as "experts") according to the Form No. 02b Appendix I hereof;

+ The enquired organizations and experts shall respond in writing within 07 working days from the date of receiving the enquiry and enclose an evaluation report specified in the Form No. 06a Appendix I hereof;

+ The notification of appraisal results is provided in the Form No. 08 Appendix I hereof.

- The Circular No. 25/2019/TT-BTNMT of the Ministry of Natural Resources and Environment of Vietnam has specified that a project may apply the best available techniques and the best environmental management practices if at least one of the following criteria is satisfied:

+ Criteria laid down by the Organization for Economic Co-operation and Development (OECD);

+ Criteria laid down by the European Integrated Pollution Prevention and Control Bureau (EIPPCB) affiliated to the European Commission (EC).

- Environmental changes to projects shall be approved during their execution as follows:

+ The standing authority appraising the environmental impact assessment report shall decide the list of experts among the ones that have joined the appraisal council or enquired experts upon appraisal of the environmental impact assessment report; where necessary, send enquiries to experts with suitable qualifications. The enquiry is provided in the Form No. 02b Appendix I hereof;

+ The decision to approve adjustments to the decision to approve the environmental impact assessment report is provided in the Form No. 02c Appendix I hereof;

+ Regarding changes other than those specified in Article 15 and Clause 4 Article 16 of the Decree No. 18/2015/ND-CP amended by Clause 6 and Clause 7 Article 1 of the Decree No. 40/2019/ND-CP of Vietnam’s Government, the project owner shall consider and decide such changes themselves, take legal responsibility and specify them in the application for inspection/certification of completion of environmental protection works.

- The facilities, industrial parks or projects that have been put into operation have changes not specified in the ordinal number 105 Appendix II Section I in the Appendix enclosed with the Decree No. 40/2019/ND-CP of Vietnam’s Government, the owners of such facilities, industrial parks or projects shall decide themselves, are not required to notify the authority approving the environmental impact assessment report but shall take legal responsibility for their decision.

View full text at the Circular No. 25/2019/TT-BTNMT of the Ministry of Natural Resources and Environment of Vietnam, effective from February 15, 2020.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE