Vietnam: Issuing environmental licenses when there is the decision on approval of environmental impact assessment report appraisal result

According to Article 36 of the Law on Environmental Protection 2020 of Vietnam, the decision on approval of environmental impact assessment report (EIAR) appraisal result shall serve as the basis for a competent authority to perform the following tasks:

- Issue and adjust the mineral mining license for mineral mining projects;

- Approve oil and gas exploration and field development plan for oil and gas exploration and extraction projects;

- Approve feasibility study reports for public-private partnership investment projects;

- Give conclusions on appraisal of feasibility study reports for construction projects;

- Issue environmental licenses;

- Issue ocean dumping permits; marine area transfer decisions;

- Issue investment decisions for investment projects not mentioned in Points a, b, c, d, dd and e of Clause 1 of this Article.

Except for the investment projects classified as state secrets, the appraising authority shall send the decision on approval of EIAR appraisal result to the investment project owner and agencies concerned as follows:

- The Ministry of Natural Resources and Environment of Vietnam shall send it to the People’s Committee of the province where the investment project is executed and other agencies in accordance with relevant regulations of law. The provincial People’s Committee shall send it to the provincial specialized environmental protection authority, People’s Committee of the district or commune where the investment project is executed and management board of an industrial park, export-processing zone, hi-tech zone or economic zone of the province or central-affiliated city for the investment project executed in the dedicated area for production, business operation and service provision;

- The provincial People’s Committee shall send it to the Ministry of Natural Resources and Environment, provincial specialized environmental protection authority, People’s Committee of the district or commune where the investment project is executed and management board of an industrial park, export-processing zone, hi-tech zone or economic zone of the province or central-affiliated city for the investment project executed in the dedicated area for production, business operation and service provision.

If the investment project owner is changed, the new one shall continue to implement the decision on approval of EIAR result and inform the EIAR appraising authority and provincial specialized environmental protection authority.

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

Ty Na

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