Environmental impact assessment is one of the effective tools to implement the principle of prevention, ensuring the harmonious development of socio-economic benefits with environmental benefits. Through the environmental impact assessment, it is possible to forecast the impacts on the environment when implementing investment projects, on that basis, to take appropriate measures to handle or prevent negative impacts during project development.
Law on Environmental Protection No. 72/2020/QH14 promulgated by the National Assembly on November 17, 2020, effective from January 1, 2022 (Referred to as “Law on Environmental Protection 2020”), has many regulations strongly reformed administrative procedures, contributing to reducing compliance costs of enterprises. However, not all businesses know that, but regulations on environmental impact assessment are one of the problems businesses are currently confused about.
Environmental Impact Assessment
Environmental impact assessment 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.
Accordingly, environmental impact assessment is an assessment of the positive or negative possibility of an investment project, a plan, a policy or a proposed program on the environment in the relationship between natural, economic and social aspects before making an implementation decision, and recommending impact adjustments to acceptable levels or to explore new techniques.
Projects subject to environmental impact assessment:
According to Article 30 of the Law on Environmental Protection 2020 stipulates that projects subject to environmental impact assessment as follows:
– Projects subject to environmental impact assessment include:
+ Group I investment projects mentioned in Clause 3, Article 28 of this Law;
+ Group II investment projects mentioned at Points c, d, dd and e, Clause 4, Article 28 of this Law.
– If the projects specified in Clause 1 of this Article are urgent public investment projects as prescribed by the Law on Public Investment, they shall not be subject to environmental impact assessment.
Referring to Clause 3 and Points c, d, dd, e, Clause 4, Article 28 of this Law, group I investment projects and a number of group II investment projects subject to environmental impact assessment, 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 from foreign countries as production materials;
– Medium-scale and capacity projects involved in types of production, business and services with environmentally sensitive factors that are likely to cause; large-scale and capacity projects not involved in types of production, business and services with environmentally sensitive factors that are likely to cause environmental pollution;
– Large- or medium-scale projects using land, land with water surface and marine area with environmentally sensitive factors;
– Large- or medium-scale and capacity projects on extraction of minerals and water resources with environmentally sensitive factors;
– Projects requiring repurposing of land on at least medium scale with environmentally sensitive factors;
– Large-scale projects requiring migration and relocation.
– Large- or medium-scale projects using land, land with water surface and marine area with environmentally sensitive factors;
– Small-scale and capacity projects on extraction of minerals and water resources with environmentally sensitive factors;
– Small-scale projects requiring repurposing of land with environmentally sensitive factors;
– Medium-scale projects requiring migration and relocation.
Dossiers on environmental impact assessment report:
Article 15 of Circular 02/2022/TT-BTNMT guiding forms, documents and dossiers on environmental impact assessment report appraisal; decisions on approval for environmental impact assessment report appraisal result, including:
– Written request for environmental impact assessment report appraisal according to regulations of Form No. 02, Appendix II issued with this Circular.
– Decision on the establishment of the environmental impact assessment report appraisal council according to the regulations of Form No. 03, Appendix II issued with this Circular.
– Site survey record of the area where the project is located (If any) according to regulations of Form No. 05, Appendix II issued with this Circular.
– Written comments on the environmental impact assessment report of council members according to regulations of Form No. 06, Appendix II issued with this Circular.
– Appraisal sheets of the environmental impact assessment report of council members according to the regulations of Form No. 07 of Appendix II issued together with this Circular.
– The minutes of the meeting of the environmental impact assessment report appraisal council according to regulations of Form No. 08, Appendix II issued with this Circular.
– Written notification of the environmental impact assessment report appraisal result according to regulations of Form No. 09, Appendix II issued with this Circular.
– Decision on approval for the environmental impact assessment report appraisal result according to regulations of Form No. 10, Appendix II issued with this Circular
Environmental impact assessment is an objective requirement of the socio-economic process of the period of industrialization and modernization of the country in order to ensure sustainable development. Environmental impact assessment activities in investment projects have great significance in protecting the healthy environment, ensuring human rights to live in a sustainable, clean and safe environment. Therefore, environmental impact assessment is increasingly seen as a problem, a mandatory factor in the development process of the country.
This is the article advising on “Environmental impact assessment in investment projects” by Apra Law Firm. If you have any questions or concerns, please contact the hotline for further advice and support.
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