Vietnam: 05 tasks and components of the preliminary evaluation of environmental impacts used as a basis to grant decisions on investment policies

10:03, 08/04/2020

Recently, the Government of Vietnam has issued Decree No. 40/2020/NĐ-CP providing detailed regulations on the implementation of several Articles of the Law on Public Investment.

danh gia tac dong mt, qd, chu truong dau tu cong, 40/2020/NĐ-CP

According to Decree No. 40/2020/NĐ-CP of Vietnam’s Government, the preliminary evaluation of environmental impacts is a component of a pre-feasibility study report or investment policy recommendation report. Tasks and components of the preliminary evaluation of environmental impacts include:

- Evaluating the relevance of project sites to the national environmental protection strategy and planning scheme and environmental protection tasks specified in regional, provincial and other associated planning schemes;

- Identifying and forecasting key environmental impacts likely to be caused by the evaluated public investment project according to plans regarding production, business, service, production technology size and project sites;

- Evaluating the environmental sensitivity according to project site plans;

- Analyzing, evaluating and selecting the optimal plan on the size of production, business, service, production technology and waste treatment technology (if any), and project sites in order to meet the requirements as to environmental protection; and on key environmental protection solutions;

- Determining what is to be evaluated in the process of environmental impact evaluation or environmental licensing (if any). This task is to preliminarily determine the impacts that a project may have on the environment, natural resources or biodiversity, and to give commitments to apply environmental protection measures or solutions.

Thus, subjects of the preliminary evaluation of environmental impacts are public investment projects subject to regulatory requirements for approval of investment policy decisions as prescribed in laws on environmental protection and Article 99 of the Law on Public Investment of Vietnam.

View more details at Decree No. 40/2020/NĐ-CP of Vietnam’s Government, effective from April 06, 2020.

Le Hai

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