When implementing production projects in Vietnam, environmental issues are one of the issues that foreign investors need to pay special attention to because according to Vietnamese law, the purpose of making an environmental impact assessment is to assess and forecast the impact of the project on the surrounding environment compared to the prescribed standard level, thereby appraising whether there is a decision to approve the project or not.

Therefore, Hong Bang Law would like to send you some necessary information about carrying out environmental impact assessments that foreign investors should pay attention to.

Legal basis

• Law on Environmental Protection 2014
• Decree 40/2019/ND-CP amending and supplementing a number of articles of the decree detailing and guiding the implementation of the Law on Environmental Protection;

General requirements

Environmental impact assessment objects consist of:

• Projects subject to the decision on investment intentions made by the National Assembly, Government and the Prime Minister;
• Projects that use land parcels situated in wildlife sanctuaries, national parks, historical-cultural monuments, world heritage sites, biosphere reserves, scenic beauty areas that have been ranked;
• Projects that can cause bad effects on the environment.

Carrying out the environmental impact assessment

Owners of projects shall carry out, on their own, or hire an advisory organization to carry out the environmental impact assessment and take statutory responsibility for the conclusive result after carrying out such assessment. The environment impact assessment must be performed in the preparatory stage of the project.

Content of the report on environmental impact assessment

• Origin of the project, project owners, and the competent authority’s approval of the project; method of the environmental impact assessment.
• Evaluation of technological choice, work items and any activity relating to the project can cause bad effects on the environment.
• Assessment of the current status of natural and socio-economic environment carried out at areas where the project is located, adjacent areas and demonstration of the suitability of the selected project site.
• Assessment and forecast of waste sources, and the impact of the project on the environment and community health.
• Assessment, forecast and determination of measures for managing the risks of the project posed to the environment and community health.
• Waste disposal measures.
• Measures for minimizing the impact of the project on the environment and community health.
• Consultation result.
• Environmental management and supervision programs.
• Budget estimate for the construction of environmental protection facilities and measures to be taken to minimize the environmental impact.
• Alternatives to the application of measures for environmental protection.

Procedures

Step 1. Submit application:

The project owner shall submit the application for appraisal of the EIA report to the People’s Committee of the province or the agency assigned the task of appraisal (referred to as the appraisal agency).

Step 2. Check profile:

Appraisal agencies consider and examine dossiers; In case the application is incomplete or invalid, the appraisal agency must notify the project owner in writing.

Step 3. Appraisal

The Ministry of Natural Resources and Environment shall organize the appraisal of environmental impact assessment reports for projects under the authority to decide on investment policies of the National Assembly, the Government and the Prime Minister;……”

Step 4. Give Approval

After appraising the environmental impact assessment report by the appraising agency, the head or head of the appraisal agency will issue a decision to approve or not to approve the environmental impact assessment report.

Services provided by Hong Bang Law

Hong Bang Law is a company with 10 years of experience in consulting in the field of foreign investment. We have supported many foreign investors to accompany them during the implementation of investment projects in Vietnam.

Hong Bang Law will accompany customers in the whole process of carrying out environmental impact assessment procedures with consulting and supporting services such as:

• Advising customers on conditions, documents and procedures for carrying out environmental impact assessment;
• In-depth analysis of the project, organization of environmental impact assessment reports;
• The authorized representative of the client to carry out the procedures at the competent state agencies;
• Monitor the processing of dossiers by competent state agencies, explain to state agencies on issues related to dossiers;
• Guide enterprises to carry out legal procedures arising after carrying out an environmental impact assessment

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!