Procedures for appraising environmental impact assessment report in Vietnam

According to Article 34 of the Law on Environmental Protection 2020 of Vietnam, an application for environmental impact assessment report (EIAR) appraisal consists of:

+ An application form EIAR appraisal;

+ The EIAR;

+ A feasibility study report of the investment project or equivalent document.

- For a construction project whose feasibility study report is subject to appraisal by the specialized construction authority as prescribed by the Law on Construction, the project owner is entitled to submit the application for EIAR appraisal together with the application for feasibility study report appraisal; the project owner must submit the application before the verdict on feasibility study report appraisal is available.

- The EIAR shall be appraised as follows:

+ The appraising authority shall decide to establish an appraisal council consisting of at least 07 members; send the council establishment decision together with the documents specified in Points b and c Clause 1 of this Article to each member;

+ At least one-third of the appraisal council’s members are experts. An expert must have expertise in environment or another field related to the investment project and at least 07 years' working experience if he/she holds a bachelor's degree or equivalent qualification, at least 03 years’ working experience if he/she holds a master's degree or equivalent qualification or at least 02 years’ working experience if he/she holds a doctorate degree or equivalent qualification;

+ Experts participating in conducting EIA of the investment project are not allowed to join the council appraising the EIAR of such project;

+ If the investment project discharges wastewater into a hydraulic structure, the appraisal council must have a representative of the regulatory body managing such hydraulic structure; the appraising authority shall collect written comments and reach an agreement with that regulatory body before approving the appraisal result. The regulatory body managing the hydraulic structure shall appoint a member to join the appraisal council and comment on the approval of the appraisal result in writing within the time limit for comment collection; if such time limit expires and a written response fails to be given, it is considered that such body agrees to the EIAR contents;

+ Council's members shall consider the application for appraisal, make remarks about the appraisal contents and take legal responsibility for their remarks;

+ The appraising authority shall consider, evaluate and consolidate comments of council’s members and relevant organizations (if any) to form a basis for deciding to approve the EIAR appraisal result.

View more details at the Law on Environmental Protection 2020 of Vietnam, effective from January 01, 2022.

Ty Na

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