Application for environmental impact assessment report in Vietnam

Application for environmental impact assessment report in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Application for environmental impact assessment report in Vietnam

According to Clause 1, Article 34 of the Law on Environmental Protection 2020, 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.

2. Regulations on appraisal of environmental impact assessment report in Vietnam

According to Clause 3, Article 34 of the Law on Environmental Protection 2020, the environmental impact assessment report 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 Article 34 of the Law on Environmental Protection 2020 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 specified in Clause 7 of Article 34 of the Law on Environmental Protection 2020 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.

3. Contents of environmental impact assessment report appraisal in Vietnam

According to Clause 7, Article 34 of the Law on Environmental Protection 2020, the contents of EIAR appraisal in Vietnam are composed of:

- Conformity with the national environmental protection planning, regional planning, provincial planning and regulations of law on environmental protection;

- Conformity of the EIA method and other methods adopted (if any);

- Conformity of result of identification of a work item or activity likely to result in adverse environmental impacts;

- Conformity of result of assessment of state of the environment and biodiversity; identification of affected subjects and sensitive environmental factor at the project location;

- Conformity of result of identification and prediction of major environmental impacts and waste generated from the investment project; prediction of environmental emergencies;

- Conformity and feasibility of environmental protection works and measures; environmental improvement and remediation scheme (if any); biodiversity offsetting plan (if any); environmental emergency prevention and response scheme;

- Conformity of the environmental management and supervision program; adequacy and feasibility of environmental commitments made by the investment project owner.

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