The time limit for environmental impact assessment report appraisal in Vietnam

The time limit for environmental impact assessment report appraisal in Vietnam (Internet image)

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

1. What is environmental impact assessment?

According to Clause 7 Article 3 of the Law on Environmental Protection 2020, environmental impact assessment (hereinafter referred to as “EIA”) means the process of analyzing, assessing, identifying and predicting environmental impacts of an investment project in order to take measures to reduce adverse impacts on the environment.

2. The time limit for EIA report appraisal in Vietnam

The time limit for EIA report (EIAR) appraisal begins on the date of receiving a satisfactory application and is as follows:

(i) Not exceeding 45 days with respect to the Group I investment project mentioned in Clause 3, Article 28 of the LLaw on Environmental Protection 2020;

(ii) Not exceeding 30 days with respect to the Group II investment project mentioned in Point c, d, dd or e Clause 4 Article 28 of the Law on Environmental Protection 2020;

(iii) Within the time limit specified in (i) and (ii), the appraising authority shall notify the investment project owner in writing of the appraisal result.

The time when the investment project owner revises the EIAR at the request of the appraising authority and the time when the approval decision is considered to be issued as prescribed in Clause 9 of Article 34 of the Law on Environmental Protection 2020 shall not be included in the time limit for appraisal;

(iv) The time limit specified in (i) and (ii) may be extended under the Prime Minister’s decision.

(Clause 6, Article 34 of the Law on Environmental Protection 2020)

3. Contents of EIAR appraisal

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

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

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

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

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

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

(6) 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;

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

4. Power to appraise EIAR in Vietnam

Power to appraise EIAR in Vietnam is specified in Article 35 of the Law on Environmental Protection 2020 as follows:

- The Ministry of Natural Resources and Environment shall organize appraisal of EIARs for the following investment projects, except for the investment projects specified in Clause 2 of Article 35 of the Law on Environmental Protection 2020:

+ Group I investment projects mentioned in Clause 3 Article 28 of the Law on Environmental Protection 2020;

+ Group II investment projects in Points c, d, dd and e Clause 4 Article 28 of the Law on Environmental Protection 2020 subject to investment guideline decision or approval by the National Assembly and Prime Minister; investment projects involving 02 provinces or more;

Investment projects located within territorial waters to which responsibility of the provincial People’s Committee for administrative management are yet to be assigned; investment projects subject to issuance of the mineral mining license, license to extract and use water resources, ocean dumping permit and marine area transfer decision by the Ministry of Natural Resources and Environment.

- The Ministry of National Defense and Ministry of Public Security shall organize appraisal of EIARs for investment projects classified as state secrets in the field of national defense and security.

- Provincial People’s Committees shall organize appraisal of EIARs for investment projects within their provinces, except for the investment projects in Clauses 1 and 2 of Article 35 of the Law on Environmental Protection 2020.

Ministries and ministerial agencies shall cooperate with provincial People’s Committees shall appraise EIARs for investment projects subject to investment guideline and decision by such provincial People’s Committees.

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