Vietnam: Which construction investment projects must have a preliminary environmental impact assessment?

14:35, 26/12/2020

From January 01, 2021, some basic content has been amended at the Law on amendments to Construction Law 2020 of Vietnam. This Law has added a number of construction investment projects that are required for preliminary environmental impact assessment.

dự án đầu tư xây dựng phải đánh giá sơ bộ tác động môi trường, Luật Xây dựng sửa đổi 2020

According to Clause 11 Article 1 of the Law on amendments to Construction Law 2020 of Vietnam, the preliminary assessment of environmental impacts is supplemented to the contents of construction investment pre-feasibility study reports.

Upon construction investment, the investor or the agency or organization tasked with project preparation must make a preliminary environmental impact assessment before making the construction investment feasibility study report. Construction investment projects subject to preliminary environmental impact assessment include:

- National important projects and group-A projects using public investment funds;

- PPP projects as prescribed in the Law on investment in the public-private partnership form;

- Projects of which investment policies are approved by the National Assembly or the Prime Minister as prescribed by the Law on investment, the formulation of construction investment pre-feasibility study reports is compulsory;

Thus, upon construction investment, project owners or agencies or organizations assigned to take charge of project preparation shall make a preliminary environmental impact assessment in accordance with the provisions of the law on environmental protection and other contents in accordance with relevant laws before making the construction investment feasibility study report. This is a completely new regulation compared to the previous one in the Construction Law 2014 of Vietnam.

Besides, it should be noted that for construction of detached houses of households or individuals, neither construction investment pre-feasibility study report nor construction investment economic-technical report is required. This regulation means that there will be no preliminary environmental impact assessment before making the construction investment feasibility study report.

View more details at the Law on amendments to Construction Law 2020 of Vietnam, effective from January 01, 2021.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

96 lượt xem

- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn