Investment projects must carry out environmental impact assessment (EIA)

Article overview

Investment projects must carry out an environmental impact assessment (EIA) is a mandatory requirement for many types of projects according to the provisions of law. This process helps identify, predict and propose measures to minimize negative impacts on the environment. The EIA report is an important basis for competent state agencies to consider and approve projects. In the article below, Long Phan will analyze the relevant regulations in detail.

 Which projects must undergo EIA?
Which projects must undergo EIA?

Are all investment projects required to have an environmental impact assessment?

Not all investment projects are required to carry out an environmental impact assessment (EIA). The implementation of EIA depends on the scale, nature and level of potential impact of the project on the environment.

Pursuant to Article 28 of the Law on Environmental Protection 2020, investment projects are divided into 4 groups based on environmental criteria:

  • Group I: Projects with a high risk of negative impacts on the environment
  • Group II: Projects have the risk of negative impacts on the environment
  • Group III: Projects with little risk of negative impacts on the environment
  • Group IV: The project has no risk of negative impacts on the environment

In particular, projects in group I and some projects in group II are required to carry out EIA. Specifically:

  • All group I projects
  • Group II projects belong to the following cases: using land, land with water surface, medium or small scale sea area; medium or small scale mining of minerals and water resources; small-scale land use change; medium-scale migration and resettlement.

The remaining projects in groups II, III and IV are not required to carry out EIA but must still comply with other regulations on environmental protection.

Investment projects must conduct an environmental impact assessment before implementation

Environmental impact assessment (EIA) is an important step in the investment project preparation process. Projects that must undergo EIA before implementation include:

  • Group I investment projects: These are projects with a high risk of adverse impact on the environment as specifically stipulated in Clause 3, Article 28 of the Law on Environmental Protection 2020. For example, large-scale projects large production types that are at risk of causing pollution; hazardous waste treatment projects; The project requires large-scale land use conversion.
  • Some Group II investment projects are projects with the risk of adverse impacts on the environment as specified in Points c, d, dd and e, Clause 4, Article 28 of the Law on Environmental Protection 2020, including:
  1. Projects using land, land with water surface, and sea areas on a medium or small scale;
  2. Medium or small scale mineral and water resource exploitation projects;
  3. The project requires changing land use purposes on a small scale;
  4. The project requires migration and resettlement on a medium scale.
  • In addition, some Group I investment projects that are urgent public investment projects according to the law on public investment do not have to undergo environmental impact assessment.

Carrying out EIA before project implementation helps:

  • Identify and forecast possible negative impacts on the environment
  • Propose appropriate measures to minimize environmental impacts
  • Serves as a basis for competent authorities to consider and approve the project
  • Ensure the project complies with legal regulations on environmental protection

The project owner is responsible for organizing the implementation of EIA or hiring a qualified consulting unit to do so. EIA results must be made into a report and submitted to the competent authority for appraisal and approval before project implementation.

CSPL: Article 30 of the Law on Environmental Protection 2020.

 Environmental impact assessment report of investment projects
Environmental impact assessment report of investment projects

What does the environmental impact report include?

The Environmental Impact Assessment Report (EIA) is an important document that presents research results and evaluates the environmental impacts of investment projects. According to Article 32 of the Law on Environmental Protection 2020, the EIA report must include the following main contents:

  1. Origin of the project:
  • Information about the project owner and project approval agency
  • Legal and technical basis of the project
  • Environmental impact assessment method is used
  1. The project’s compatibility with:
  • National environmental protection planning, regional planning, provincial planning
  • Laws on environmental protection and related regulations
  1. Evaluate the selection:
  • Technology
  • Project category
  • Project activities have the potential to negatively impact the environment
  1. Natural and environmental conditions:
  • Assess the current state of the environment and biodiversity in the project area
  • Identify affected objects and environmentally sensitive factors
  • Explain the suitability of the project location
  1. Identify, evaluate, and forecast environmental impacts:
  • Main impacts on the environment by project phase
  • Scale and nature of waste generated
  • Impact on biodiversity, natural heritage, historical and cultural relics
  • Impacts due to site clearance, migration, and resettlement (if any)
  • Identify and evaluate environmental incidents that may occur
  1. Environmental protection measures:
  • Works and measures for collecting, storing and treating waste
  • Measures to minimize other negative impacts
  • Environmental improvement and restoration plan (if any)
  • Biodiversity compensation plan (if any)
  • Plans to prevent and respond to environmental incidents
  1. Environmental management and monitoring program
  2. Results of consultation with relevant parties
  3. Conclusions, recommendations and commitments of the project owner

The EIA report needs to be prepared in detail and completely according to the guidance of the state management agency on environmental protection. Report content must ensure scientificity, objectivity and be consistent with the specific characteristics of each project.

Authority to approve environmental impact assessment

Authority to appraise environmental impact assessment reports

According to Article 35 of the Law on Environmental Protection 2020, the authority to appraise environmental impact assessment reports is decentralized as follows:

  1. The Ministry of Natural Resources and Environment appraises the EIA report for:
  • Group I investment projects
  • Some Group II investment projects are subject to EIA and fall under the authority to decide investment policies of the National Assembly and the Prime Minister.
  • Projects in 2 or more provinces
  • Projects in coastal areas have not yet identified the province’s management responsibilities
  • The project falls under the licensing authority of the Ministry of Natural Resources and Environment regarding mineral exploitation, water resources, and sea dumping
  1. The Ministry of National Defense and the Ministry of Public Security appraise EIA reports for projects that are state secrets on national defense and security.
  2. The Provincial People’s Committee appraises the EIA report for the remaining projects in the area, except for projects under the authority of the Ministry of Natural Resources and Environment, the Ministry of National Defense, and the Ministry of Public Security.

The above decentralization of appraisal authority aims to ensure expertise and efficiency in the appraisal process, consistent with the scale and nature of each type of project.

Authority to approve results of appraisal of environmental impact assessment reports

According to Article 36 of the Law on Environmental Protection 2020, investment projects subject to EIA will be appraised by the competent authority that approves the appraisal results. Include:

  • The Ministry of Natural Resources and Environment approves the results of EIA report appraisal for projects under the Ministry’s appraisal authority.
  • The Ministry of National Defense and the Ministry of Public Security approved the results of appraisal of EIA reports for projects belonging to state secrets on national defense and security.
  • The Provincial People’s Committee approves the results of appraisal of EIA reports for projects in the area under the appraisal authority of the province.

To be more specific than the above regulations, regarding the entity with authority to approve EIA appraisal results, in Clause 9, Article 34 of the Law on Environmental Protection 2020, it is stipulated: Within 20 days from the date of receipt of the assessment report. Environmental impact assessment, the head of the appraisal agency is responsible for making a decision to approve the appraisal results of the environmental impact assessment report; In case of disapproval, a written response must be sent to the investment project owner clearly stating the reason. Therefore, it can be understood that the entity with authority to approve the EIA appraisal results is:

  • Minister of Natural Resources and Environment for projects under the Ministry’s appraisal authority.
  • Minister of National Defense, Minister of Public Security for projects classified as state secrets on national defense and security.
  • Chairman of the Provincial People’s Committee for projects in the area under the province’s appraisal authority.

Approval of the EIA report appraisal results is an important step, serving as the legal basis for participation

 Consulting services for investment project licenses to implement EIA
Consulting services for investment project licenses to implement EIA

Consulting and implementing procedures for applying for a reputable environmental license in Long Phan

Long Phan is a reputable consulting unit in the field of environment, with many years of experience supporting businesses in implementing environmental legal procedures. For investment projects that must carry out environmental impact assessment (EIA), Long Phan provides the following services:

  • Free consultation on the process and procedures for applying for environmental permits
  • Survey the current status of the project and assess the level of environmental impact
  • Prepare an environmental impact assessment report (EIA) in accordance with regulations
  • Carry out procedures for applying for environmental permits with authorities
  • Support editing and supplementing documents at the request of the appraisal agency
  • Representing customers in working with competent authorities
  • Consulting on implementing environmental protection measures after being licensed.

Environmental impact assessment is an important step, ensuring legal operation and sustainable development of investment projects. Together with a team of experienced experts, Long Phan will accompany businesses whose investment projects must carry out environmental impact assessment (EIA) throughout the licensing process, helping to save time and costs. fees, ensuring the project complies with legal regulations on environmental protection. If you need assistance with EIA procedures or applying for an environmental permit, please contact the hotline immediately 0906.735.386 for detailed advice and best support.