Checklist: Projects Requiring an Environmental Impact Assessment (EIA)

Projects Requiring an Environmental Impact Assessment (EIA) must be identified early when they fall under Group I or Group II and involve environmentally sensitive factors. Failure to complete the EIA process may delay investment policy approval, construction licensing, trial operation, and the issuance of an environmental permit. Investors should assess project type, scale, capacity, location, and reporting obligations during the preparation phase to prevent costly redesigns, administrative sanctions, or project suspension.

These Legal Updates should be reviewed before capital allocation, EPC contract signing, or construction commencement with Long Phan Consulting.

Strategic Significance of the Environmental Impact Assessment (EIA)

Investors must initiate the obligation to prepare an Environmental Impact Assessment report at the inception of project development. This is not merely a technical environmental document but a critical risk control condition prior to navigating the project’s sequence of investment approvals, feasibility appraisals, construction permitting, and commercial operation.

An EIA report empowers enterprises to identify, forecast, and design measures to mitigate negative environmental impacts. Pursuant to Clause 7, Article 3 of the 2020 Law on Environmental Protection, this is the process of analyzing, assessing, identifying, and forecasting the environmental impacts of an investment project to propose measures that minimize adverse effects.

Key milestones that must be managed include:

• Preliminary Environmental Impact Assessment: Must be considered during the pre-feasibility study or project proposal phase, particularly for projects with high environmental risks, pursuant to Clauses 1 and 2, Article 29 of the 2020 Law on Environmental Protection.
• Official EIA Report: Must be conducted concurrently with the preparation of the Feasibility Study Report or equivalent documentation for the investment project, pursuant to Clause 1, Article 31 of the 2020 Law on Environmental Protection.

Failure to identify or delaying this EIA obligation may result in skewed capital disbursement schedules, necessitating extensive amendments to investment dossiers and the loss of commercial leverage when negotiating with contractors, banks, or M&A partners.

List of Projects Requiring an Environmental Impact Assessment (EIA) by Risk Classification

The obligation to prepare an Environmental Impact Assessment (EIA) report is not determined by the commercial name of the project, but by its scale, capacity, type, and implementation location. Enterprises must accurately classify their projects during the pre-feasibility stage to avoid inadequate dossiers, submission to the wrong authorities, or design adjustments after capital has been allocated.

Pursuant to Points a and b, Clause 1, Article 30 of the 2020 Law on Environmental Protection, the groups required to conduct an EIA include Group I investment projects and Group II investment projects with environmentally sensitive factors.

Project classification is based directly on scale, capacity, and environmental sensitivity factors at the project site, pursuant to Clause 1, Article 28 of the 2020 Law on Environmental Protection. This serves as the foundational step for determining the entire subsequent licensing roadmap.

>>> See more: Investment projects according to environmental criteria

Industrial, Manufacturing, and Waste Treatment Project Group

Industrial projects with large discharge flows, complex technologies, or high risks of pollution must be reviewed for EIA requirements at an early stage. If evaluated solely based on registered business lines, enterprises may overlook risks stemming from capacity, input materials, and waste treatment technologies.

Groups requiring careful inspection typically include:

• Food processing, textile dyeing, electroplating, chemical, plastic, paper factories, or material production facilities generating wastewater, exhaust gas, or hazardous waste.
• Waste treatment facilities, wastewater treatment plants, scrap recycling facilities, or projects requiring trial operation of waste treatment facilities prior to commercial operation.
• Manufacturing projects with the capacity for output changes, line expansion, or technology adjustments after the environmental dossier has been approved.

These groups must be cross-referenced with the lists in Appendix III and Appendix IV of Decree No. 08/2022/NĐ-CP (as amended and supplemented by Decree No. 48/2026/NĐ-CP). When food processing or textile dyeing factories increase their scale, the risk of having to re-prepare an EIA must be managed before signing machinery contracts.

Infrastructure, Urban Development, and Logistics Project Group

Infrastructure and real estate projects are often erroneously assumed to only require land, planning, and construction checks. In reality, EIA obligations can become a bottleneck if the project generates significant wastewater flow, population density, traffic infrastructure, or major community impacts.

Project groups requiring review include:

• Urban areas, residential zones, housing projects, commercial centers, and service complexes with large land use scale or significant impact on regional infrastructure.
• Industrial parks, industrial clusters, ready-built factories, or centralized technical infrastructure generating multiple secondary discharge sources.
• Warehousing, logistics, distribution centers, or transport infrastructure projects with potential impacts on traffic, drainage, noise, and nearby residential areas.

For new urban area projects, the answer does not lie in the name “urban area,” but in the specific environmental risk classification. Investors must cross-reference scale, capacity, and sensitive factors before submitting investment dossiers or construction permits.

Resource Extraction and Sensitive Land Use Project Group

Projects involving mineral extraction, construction material production, or the use of sensitive land funds carry higher legal risks than standard projects. Factors such as forest land, rice cultivation land, water surfaces, coastal areas, or conservation zones can alter the project group and EIA obligations.

Regarding the criteria for land or water surface use scale, the law classifies project levels based on specific area:

• Large scale: Land or water surface use area of 300 hectares or more.
• Medium scale: Area from 50 hectares to under 300 hectares.
• Small scale: Area under 50 hectares.

These thresholds are stipulated in Point b, Clause 1, Article 25 of Decree No. 08/2022/NĐ-CP (as amended and supplemented by Decree No. 48/2026/NĐ-CP). For mineral extraction projects or projects involving the conversion of forest land or rice cultivation land, enterprises should review the EIA in parallel with land dossiers, planning, and specialized permits.

Appraisal Roadmap and Decentralized Authority for EIA Reports

Investors must treat the appraisal of an Environmental Impact Assessment (EIA) report as an independent milestone within the project’s legal timeline. Submitting dossiers late or to the incorrect authority can cause procedural flows for investment, construction, and environmental licensing to extend beyond the planned capital expenditure schedule.

Dossier Initiation and Public Consultation Procedures

The EIA dossier must be prepared based on authentic data regarding project type, capacity, technology, location, and discharge sources. The dossier for appraisal includes the application form, the Environmental Impact Assessment report, and the Feasibility Study Report or equivalent documentation, pursuant to Clause 1, Article 34 of the 2020 Law on Environmental Protection.

Implementation procedures should be controlled via the following steps:

• Review project grouping based on type, scale, capacity, location, and environmental sensitivity factors before finalizing the investment plan.
• Prepare the Environmental Impact Assessment report based on design, technology, discharge flows, and environmental risk mitigation measures.
• Conduct public consultation with residential communities, agencies, and organizations directly impacted if mandatory.
• Implement electronic public consultation for 15 days for Group I projects, 10 days for Group II projects, and 5 days for projects within centralized production, business, or service zones, or industrial clusters, pursuant to Point a, Clause 3, Article 26 of Decree No. 08/2022/NĐ-CP (as amended and supplemented by Decree No. 05/2025/NĐ-CP).
• Submit the dossier for appraisal and prepare for defense before the appraisal council. The council must comprise at least 07 members, pursuant to Point a, Clause 3, Article 34 of the 2020 Law on Environmental Protection.

Public consultation is more than a procedural step. It serves as a control point for community complaints, environmental disputes, and the risk of being required to adjust waste treatment plans.

Decentralized Approval Authority from Central to Local Levels

Enterprises must correctly identify the appraisal agency before submission. Decentralizing authority to local levels streamlines processing but increases the requirements for on-site inspection of location, land area, and project characteristics.

The Chairperson of the Provincial People’s Committee is delegated the authority to appraise Environmental Impact Assessment reports for various project groups, including Group II projects, public investment projects not under Central authority, and specific unique projects. This is established under Clause 1, Article 26a of Decree No. 08/2022/NĐ-CP (as amended and supplemented by Decree No. 48/2026/NĐ-CP).

Appraisal timelines must be integrated into the project’s legal schedule from the outset:

• Group I Projects: Maximum appraisal timeline of 45 days.
• Group II Projects with sensitive factors: Maximum appraisal timeline of 30 days.

These timelines are stipulated in Points a and b, Clause 6, Article 34 of the 2020 Law on Environmental Protection. For multi-provincial projects, enterprises must identify the locality with the largest land use area to avoid administrative filing errors.

Legal Bottlenecks and Commercial Risks in EIA Non-Compliance

Violating Environmental Impact Assessment (EIA) obligations creates risks far beyond environmental administrative penalties. For investment projects, this non-compliance can fracture the licensing chain, delay capital disbursement, increase contractor costs, and degrade the legal value of project assets.

Disruption of the Investment and Construction Licensing Chain

The decision approving the results of the EIA appraisal serves as a vital legal foundation for a project to proceed to dependent procedures. Absent this approval, dossiers for feasibility study appraisals, construction permits, or environmental licenses may be blocked during condition-checking phases.

Pursuant to Clause 1, Article 36 of the 2020 Law on Environmental Protection, the EIA appraisal approval serves as the basis for competent authorities to perform related procedures, including feasibility study appraisal and the issuance of mineral exploitation licenses.

Greater risks emerge when projects modify their scale after environmental dossiers have been established. If a project increases its scale or capacity by 30% or more, resulting in increased negative environmental impacts, the investor may be compelled to re-prepare the EIA, pursuant to Point a, Clause 2, Article 27 of Decree No. 08/2022/NĐ-CP (as amended and supplemented by Decree No. 05/2025/NĐ-CP).

Administrative Penalties and Remedial Measures

Projects that have commenced construction without an approved EIA appraisal result may be treated as a material compliance violation. Consequences extend beyond monetary fines, directly affecting the conditions for continued construction, trial operation, and obtaining an environmental license.

Investment projects already implemented or facilities in operation without an approved EIA appraisal decision shall be subject to administrative penalties in the field of environmental protection, pursuant to Clause 14, Article 168 of Decree No. 08/2022/NĐ-CP (as amended and supplemented by Decree No. 48/2026/NĐ-CP).

Following the handling of violations, investors may only prepare dossiers for an environmental license if the project remains consistent with planning and environmental zoning, pursuant to Clause 14, Article 168 of Decree No. 08/2022/NĐ-CP (as amended and supplemented by Decree No. 48/2026/NĐ-CP). Investors must also fully implement the requirements set forth in the EIA approval decision throughout the implementation process. Failure to comply may lead to the suspension of construction or operation, pursuant to Clause 2, Article 37 of the 2020 Law on Environmental Protection.

Transitional provisions protect the legal validity of old EIA reports

For businesses undergoing M&A of factories, industrial parks, or unfinished projects, the old EIA report needs to be assessed as a legal asset. If the old decision is still valid and carry-over, the buyer can save considerable time and costs in re-preparing the report.

Decisions approving environmental impact assessment reports or equivalent documents issued before the new law came into effect are still recognized as equivalent to decisions approving the results of the environmental impact assessment report review, according to Clause 2, Article 171 of the 2020 Law on Environmental Protection.

Group I investment projects have undergone environmental impact assessment (EIA) review and approval without requiring revisions, or have been approved within the specified timeframe 24 months prior to the effective date of Decree No. 08/2022/ND-CP, preliminary environmental impact assessments were not required, according to Clause 9, Article 168 of Decree No. 08/2022/ND-CP, as amended and supplemented by Decree No. 05/2025/ND-CP.

In project transfer transactions, businesses need to verify the compatibility between the old Environmental Impact Assessment (EIA), the current operational status, and the environmental permit. Discrepancies between the documentation and reality can reduce the value of the transaction or create remediation obligations after the transfer.

EIA Compliance Advisory and Implementation Services at Long Phan Consulting Company

The Environmental Impact Assessment (EIA) obligation requires coordination between legal, environmental engineering, investment, construction, and project operation departments. Long Phan Consulting Company assists enterprises in managing risks from the document preparation stage until the project satisfies conditions for commercial operation.

Compliance Review and Legal Risk Assessment

This review service is designed for investors, M&A partners, and legal departments needing to swiftly determine if a project is subject to EIA requirements. We focus on mitigating risks related to improper dossier submission, incorrect jurisdictional filing, or overlooked environmental obligations:

• Appraising project type, scale, capacity, and location to identify environmental risk groups.
• Reviewing the alignment between investment dossiers, planning, basic design, and the obligation to prepare an EIA report.
• Assessing old EIA dossiers, previous approval decisions, and existing environmental licenses during M&A transactions for factories, industrial parks, or ongoing projects.

Representation for Appraisal and Environmental Licensing

The appraisal phase requires consistent documentation, robust technical data, and a clear explanatory strategy. Discrepancies between reports, design, and physical status can prolong processing times:

• Drafting, verifying, and finalizing the dossier for EIA appraisal.
• Representing investors in dossier submission, progress tracking, and coordination with appraisal agencies and technical experts.
• Preparing explanatory content to defend the EIA plan before the appraisal council.
• Supporting the transition to trial operations for waste treatment facilities and environmental license applications.

Dispute Resolution and Crisis Management

For projects that have commenced construction or operation without completing the EIA, our objective extends beyond resolving the violation. We provide a legal roadmap for remediation to avoid prolonged suspension:

• Assessing violation status, document discrepancies, and the feasibility of completing environmental procedures.
• Representing enterprises in working with inspection agencies and licensing authorities.
• Developing remedial plans, adjusting dossiers, and re-establishing conditions for environmental licensing.
• Addressing bottlenecks when construction permit applications are rejected, trial operations are halted, or public opposition arises.

Enterprises may submit project dossiers via Email: info@longphanpmt.com or Zalo: +84 906 735 386 for a preliminary evaluation by Long Phan Consulting Company.

Frequently Asked Questions about Projects Requiring Environmental Impact Assessment (EIA):

Many projects requiring environmental impact assessments (EIAs) are delayed not due to a lack of funding, but because of incorrect project classification or submission of documents at the wrong time. The questions below focus on common business scenarios encountered when applying for investment approvals, construction permits, environmental permits, or legal due diligence for M&A.

Conclusion

Projects subject to an Environmental Impact Assessment (EIA) require review from the investment preparation stage to accurately identify reporting obligations, appraisal jurisdiction, and implementation timelines. For investors, errors in project classification, public consultation, or post-approval compliance can delay construction permits, trial operations, and environmental licenses. Enterprises should perform an internal dossier audit before signing construction contracts, accepting project transfers, or expanding capacity. Please contact our Hotline at 1900636389 for compliance roadmap assistance from Long Phan Consulting Company.