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Exploring environmental impact assessment

Environmental Impact Assessment (EIA) is a critical process used to evaluate the potential environmental effects of a proposed development project before it is carried out. This process aims to ensure that decision-makers consider environmental impacts before deciding whether to proceed with new projects. EIA is essential for promoting sustainable development by anticipating and mitigating the negative impacts on the environment and society. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline - (+84) 903 419 479 for the best advice and support.

1. What is Environmental Impact Assessment?

Environmental Impact Assessment (EIA) is the process of analyzing and evaluating the effects of an investment project on the surrounding environment. This process aims to ensure that projects are implemented without causing serious negative impacts on the natural and social environment. EIA is not only a tool to help environmental managers control environmental quality but also a measure to ensure sustainable development.

What is Environmental Impact Assessment? This is the process of researching and making scientific judgments about the impacts that a project may have on the environment. This process includes data collection, analysis, evaluation of potential impacts, and the proposal of measures to mitigate negative impacts. EIA is not only applied to large industrial projects but is also used for construction, transportation, agriculture, and other development activities.

Exploring environmental impact assessmentExploring environmental impact assessment

2. Which Investment Projects Must Conduct Environmental Impact Assessment?

According to Vietnamese law, conducting an Environmental Impact Assessment (EIA) is mandatory for certain groups of projects that have a high risk of affecting the environment. This regulation is clearly stated in the 2020 Law on Environmental Protection and its guiding decrees. Below are specific groups of projects that need to conduct an EIA along with the legal basis for each group:

2.1 Heavy Industry Projects

Heavy industrial projects often pose a high risk of serious environmental pollution due to the generation of various types of waste. Projects in this group include:

  • Metallurgical plants

  • Chemical production plants

  • Cement plants

  • Fertilizer production plants

  • Oil refinery plants

Legal Basis: Article 30 of the 2020 Law on Environmental Protection stipulates that these projects must conduct an EIA due to their high potential to adversely impact the environment. Additionally, Decree 40/2019/ND-CP provides detailed guidance on the types of industrial projects that need to conduct an EIA.

2.2 Natural Resource Exploitation Projects

This group of projects includes activities related to the extraction and use of natural resources, which can have negative impacts on the soil, water, and air environment:

  • Mineral mining (gold, silver, copper, iron, etc.)

  • Oil and gas extraction

  • Coal mining

Legal Basis: According to Article 30 of the 2020 Law on Environmental Protection and Decree 40/2019/ND-CP, natural resource exploitation projects are required to conduct an EIA to assess and manage potential environmental impacts.

2.3 Large-Scale Infrastructure Construction Projects

Large-scale infrastructure projects typically involve significant changes to the terrain and can have long-term environmental impacts:

  • Highway construction

  • Major bridge construction

  • Seaport construction

  • Airport construction

Legal Basis: Article 30 of the 2020 Law on Environmental Protection and Decree 40/2019/ND-CP clearly stipulate that these projects must conduct an EIA to ensure control and mitigation of negative environmental impacts.

2.4 Energy Projects

Energy projects include the construction and operation of facilities for energy production and supply that have the potential to cause significant changes to the natural environment:

  • Thermal power plants

  • Hydropower plants

  • Nuclear power plants

  • Renewable energy projects (wind power, solar power)

Legal Basis: Article 30 of the 2020 Law on Environmental Protection and Decree 40/2019/ND-CP require energy projects to conduct an EIA to comprehensively evaluate environmental impacts and propose mitigation measures.

2.5 Urbanization Projects

Urban development projects can cause various environmental issues if not well managed, including:

  • Development of new urban areas

  • Construction of residential areas

  • Development of concentrated industrial zones

Legal Basis: Article 30 of the 2020 Law on Environmental Protection and Decree 40/2019/ND-CP stipulate that these projects must conduct an EIA to ensure sustainable urban development and minimize negative impacts on the living environment of residents.

Clearly defining the groups of projects that must conduct an EIA helps state management agencies better control investment activities with potential environmental risks, ensuring economic development goes hand in hand with environmental protection. Investors must strictly comply with these regulations to ensure that their projects do not cause negative consequences for the environment and surrounding communities.

3. Is Environmental Impact Assessment Mandatory for the Investor to Perform?

According to Vietnamese law, conducting an Environmental Impact Assessment (EIA) is the responsibility of the project investor. The legal basis for this regulation is stated in Article 33 of the 2020 Law on Environmental Protection. However, this does not mean that the investor must directly carry out the entire EIA process but can hire consulting units with sufficient capacity and experience to perform the assessment.

The 2020 Law on Environmental Protection clearly states that the investor must ensure that the EIA report is conducted in accordance with the regulations and must take legal responsibility for the information, data, and assessment results presented in the report. This ensures that the EIA process is conducted scientifically, accurately, and without bias.

Consulting units performing the EIA must have a certificate of eligibility for environmental monitoring services, issued by the Ministry of Natural Resources and Environment. Decree 18/2015/ND-CP on environmental protection planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans also specifies the capacity conditions of consulting organizations performing EIAs.

The EIA process involves several complex steps such as collecting current environmental data, analyzing potential project impacts, assessing the level of influence, and proposing measures to mitigate negative impacts. Therefore, hiring professional consulting units ensures that these steps are carried out correctly and comply with legal regulations.

After completing the EIA report, the investor must submit it to the competent state management agency for review and approval. This agency may include the Ministry of Natural Resources and Environment or the Departments of Natural Resources and Environment of provinces and centrally-run cities, depending on the scale and nature of the project. The process for reviewing and approving the EIA report is stipulated in Decree 40/2019/ND-CP, which amends and supplements several articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection.

Conducting an EIA is not only a legal requirement but also a social responsibility of the investor. This ensures that investment projects do not harm the environment and public health while contributing to the sustainable development of the economy. The mitigation measures proposed in the EIA report must be seriously implemented and continuously monitored throughout the project implementation process.

Thus, although the investor may not directly perform the EIA, they are still primarily responsible for it. Adhering to EIA regulations helps the project gain approval from management agencies and the community, ensuring sustainable development and environmental protection.

Exploring environmental impact assessmentExploring environmental impact assessment

4. What are the Main Contents of an Environmental Impact Assessment Report?

What are the main contents of an Environmental Impact Assessment report? An EIA report is a detailed document that includes information and analysis of the environmental impacts of a project. A complete EIA report typically includes the following main sections:

  1. Project Introduction: An overview of the project, including objectives, scale, location, and main activities.

  2. Description of Current Environment: Provides information about the natural and social environmental conditions in the project area, including topography, climate, water resources, ecosystems, and local communities.

  3. Environmental Impact Analysis: Evaluates the potential impacts of the project on the environment, including both positive and negative, short-term and long-term effects.

  4. Mitigation Measures: Proposes technical and management measures to mitigate the negative project impacts on the environment.

  5. Environmental Monitoring Plan: Develops a plan for monitoring and evaluating environmental quality throughout the implementation of project and after its completion.

  6. Community Consultation: Summarizes the opinions of stakeholders, including local communities, local authorities, and social organizations about the project.

Environmental Impact Assessment is a crucial tool in environmental management and protection. Proper and thorough EIA implementation helps minimize negative environmental impacts and contributes to the sustainable development of society. Investors must take EIA regulations seriously to ensure that their projects do not harm the environment and surrounding communities.

In summary, Environmental Impact Assessment is a vital tool in managing and protecting the environment from the adverse effects of development projects. It ensures that projects are planned and executed with a thorough understanding of their environmental implications, fostering sustainable and responsible development practices.

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