Environmental Impact Assessment (EIA)
Concept
According to Clause 7, Article 3 of the Law on Environmental Protection No. 72/2020/QH14: Environmental impact assessment is the process of analyzing, evaluating, identifying and forecasting the environmental impact of an investment project and taking measures to minimize adverse impacts on the environment.
Subjects must prepare an environmental impact assessment report
- Group I investment projects specified in Clause 3, Article 28 of the Law on Environmental Protection No. 72/2020/QH14.
- Group II investment projects specified at Points c, d, dd and e, Clause 4, Article 28 of the Law on Environmental Protection No. 72/2020/QH14.
- The subjects specified in Clause 1, Article 30 of the Law on Environmental Protection No. 72/2020/QH14 belonging to urgent public investment projects according to the provisions of the law on public investment are not required to carry out an environmental impact assessment.
Time to appraise the environmental impact assessment report
- The time limit for appraisal of the environmental impact assessment report is counted from the date of receipt of a complete and valid dossier and is prescribed as follows:
- No more than 45 days for group I investment projects specified in Clause 3, Article 28 of the Law on Environmental Protection;
- No more than 30 days for group II investment projects specified at Points c, d, dd and e, Clause 4, Article 28 of the Law on Environmental Protection;
- The time taken by the investment project owner to amend and supplement the environmental impact assessment report at the request of the appraising agency and the time to consider and issue an approval decision specified in Clause 9 Article 34 of the Law on Environmental Protection shall not be included in the calculation. appraisal time limit;
- The appraisal time limit specified at Points a and b, Clause 6, Article 34 of the Law on Environmental Protection may be extended according to the Prime Minister's decision.
The agency that appraises the environmental impact assessment report
Follow Article 35, Law on Environmental Protection No. 72/2020/QH14
1. Ministry of Natural Resources and Environment
- Group I investment projects specified in Clause 3, Article 28 of this Law;
- Group II investment projects specified at Points c, d, dd and e, Clause 4, Article 28 of this Law fall under the authority to decide or approve investment policies of the National Assembly or the Prime Minister; investment projects located in the area of 02 or more provincial-level administrative units; investment projects located on the sea areas have not yet determined the administrative responsibility of the People's Committee of the province; investment projects under the authority to issue mining licenses, licenses for exploitation and use of water resources, issuance of permits for sea dumping, and decisions on allocation of marine areas of the MONRE.
- The Ministry of National Defense and the Ministry of Public Security shall organize the appraisal of EIA for projects classified as state secrets on national defense and security;
- Provincial-level People's Committees shall organize EIA appraisal for investment projects in the locality, except for those specified in Clauses 1 and 2 of this Article. Ministries and ministerial-level agencies are responsible for coordinating with the People's Committee of the province where the project is located to appraise the DTM for investment projects under their competence to decide on investment policies and decisions.
Dossier of request for appraisal of environmental impact assessment report
According to Clause 1, Article 34, Law on Environmental Protection No. 72/2020/QH14:
- Written request for appraisal of EIA report;
- EIA report;
- Feasibility study report or document equivalent to the investment project's feasibility study report.
