Legal basis

Law on environmental protection 2020

Projects subjects to environmental impact assessment (EIA)

Investment projects based on environmental criteria

Base on environmental criteria, investment projects include 4 groups, include:

Group I

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 as production materials;
• Medium-scale and capacity projects involved in types of production, business and services with sensitive environmental factors that are likely to cause; large-scale and capacity projects not involved in types of production, business and services with sensitive environmental factors that are likely to cause environmental pollution;
• Large- or medium-scale projects using land, land with water surface and marine area with sensitive environmental factors;
• Large- or medium-scale and capacity projects on extraction of minerals and water resources with sensitive environmental factors;
• Projects requiring repurposing of land on at least medium scale with sensitive environmental factors;
• Large-scale projects requiring migration and relocation.

Group II

Group II investment projects are those that pose a risk of adverse environmental impacts, except for those specified in Group I projects , 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 sensitive environmental factors that are likely to cause environmental pollution; medium-scale and capacity projects not involved in types of production, business and services with sensitive environmental factors that are likely to cause environmental pollution;
• Large- or medium-scale projects using land, land with water surface and marine area with sensitive environmental factors;
• Small-scale and capacity projects on extraction of minerals and water resources with sensitive environmental factors;
• Small-scale projects requiring repurposing of land with sensitive environmental factors;
• Medium-scale projects requiring migration and relocation.

Groups III

Group III investment projects are those that pose a risk of adverse environmental impacts, except for those specified in Groups I, II, 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.

Groups IV

Group IV investment projects are those that do not pose a risk of adverse environmental impacts, except for those specified in Group I, II, II.

Projects subject to EIA

• Investment projects in Group I;
• Investment projects in Group II, include: Large- or medium-scale projects using land, land with water surface and marine area with sensitive environmental factors; Small-scale and capacity projects on extraction of minerals and water resources with sensitive environmental factors; Small-scale projects requiring repurposing of land with sensitive environmental factors; Medium-scale projects requiring migration and relocation.

Note: In case of investment projects are urgent public investment projects as prescribed by the Law on Public Investment, they shall not be subject to EIA.

If you need more detailed advice, please contact: Deputy Director in charge of business Lawyer: Nhat Nam via hotline: 0912.35.65.75, call the free legal consultancy call center: 1900 6575 or send a service request via email: lienheluathongbang@gmail.com .

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