Contents of strategic environmental assessment according to the Law on Environmental Protection 2020

Contents of strategic environmental assessment according to the Law on Environmental Protection 2020 (Internet image) 

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

1. Contents of strategic environmental assessment in Vietnam according to the Law on Environmental Protection 2020

Contents of strategic environmental assessment according to Article 27 of the Law on Environmental Protection 2020 is as follows:

- Contents of strategic environmental assessment include:

+ Assessing conformity of the environmental protection policy with viewpoints, objectives and policies on environmental protection and sustainable development, and international environmental agreements to which the Socialist Republic of Vietnam is a signatory and regulations of the Law on Environmental Protection 2020;

+ Proposing schemes for adjustment and completion of contents of conformity of the environmental protection policy with viewpoints, objectives and policies on environmental protection and sustainable development, and international environmental agreements to which the Socialist Republic of Vietnam is a signatory and regulations of the Law on Environmental Protection 2020.

- Contents of strategic environmental assessment of the planning include:

+ Planning contents that may impact the environment;

+ Scope of strategic environmental assessment;

+ Environmental components and natural heritage sites that may be affected by the planning;

+ Strategic environmental assessment methods applied;

+ Comparing and assessing conformity of viewpoints and objectives of the planning with viewpoints, objectives and policies on environmental protection, national environmental protection strategy and planning, and environmental protection contents in the regional and provincial planning;

+ Results of identifying negative and positive major environmental issues in the planning;

+ Impacts of climate change;

+ Results of forecasting negative and positive trends of major environmental issues upon implementing the planning; solutions for maintaining positive trends and reducing negative trends of major environmental issues;

+ Orientations for environmental protection during the implementation of planning;

+ Results of consultation with relevant parties during the strategic environmental assessment;

+ Noteworthy environment protection-related issues (if any), proposed directions and solutions for resolution.

2. Environmental criteria for investment project classification in Vietnam

Environmental criteria for investment project classification in Vietnam according to Article 28 of the Law on Environmental Protection 2020 are as follows:

- Environmental criteria for investment project classification include:

+ Scale, capacity and type of production, business and service;

+ Area of land, land with water surface, and sea used; scale of extraction of natural resources;

+ Environmentally sensitive factors including high density residential areas; water source used for supply of domestic water; wildlife sanctuaries prescribed by the law on biodiversity and fisheries; types of forests prescribed by the law on forestry; other tangible cultural heritage and natural heritage sites; land meant for growing wet rice during 02 or more cropping seasons; important wetlands; migration and relocation requirements and other environmental sensitive factors.

- According to the environmental criteria set out in Clause 1 of Article 28 of the Law on Environmental Protection 2020, investment projects shall be classified into Group I, II, III and IV.

- Group I investment projects are those that pose a high risk of adverse environmental impacts, including:

+ Large-scale and capacity projects involved in types of production, business and services that are likely to cause environmental pollution; projects providing hazardous waste treatment service; projects involving import of scrap from foreign countries as production materials;

+ Medium-scale and capacity projects involved in types of production, business and services with environmentally sensitive factors that are likely to cause; large-scale and capacity projects not involved in types of production, business and services with environmentally sensitive factors that are likely to cause environmental pollution;

+ Large- or medium-scale projects using land, land with water surface and marine area with environmentally sensitive factors;

+ Large- or medium-scale and capacity projects on extraction of minerals and water resources with environmentally sensitive factors;

+ Projects requiring repurposing of land on at least medium scale with environmentally sensitive factors;

+ Large-scale projects requiring migration and relocation.

- Group II investment projects are those that pose a risk of adverse environmental impacts, except for those specified in Clause 3 of Article 28 of the Law on Environmental Protection 2020, including:

+ Medium-scale and capacity projects involved in types of production, business and services that are likely to cause environmental pollution;

+ Small-scale and capacity projects involved in types of production, business and services with environmentally sensitive factors that are likely to cause environmental pollution; medium-scale and capacity projects not involved in types of production, business and services with environmentally sensitive factors that are likely to cause environmental pollution;

+ Large- or medium-scale projects using land, land with water surface and marine area with environmentally sensitive factors;

+ Small-scale and capacity projects on extraction of minerals and water resources with environmentally sensitive factors;

+ Small-scale projects requiring repurposing of land with environmentally sensitive factors;

+ Medium-scale projects requiring migration and relocation.

- Group III investment projects are those that pose a risk of adverse environmental impacts, except for those specified in Clauses 3 and 4 of Article 28 of the Law on Environmental Protection 2020, including:

+ Small-scale and capacity projects involved in types of production, business and services that are likely to cause environmental pollution;

+ Projects not involved in types of production, business and services that are likely to cause environmental pollution and generating wastewater, dusts and exhaust gases that must be treated or generating hazardous waste that must be managed in accordance with regulations on waste management.

- Group IV investment projects are those that do not pose a risk of adverse environmental impacts, except for those specified in Clauses 3, 4 and 5 of Article 28 of the Law on Environmental Protection 2020.

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