ENVIRONMENTAL IMPACT ASSESSMENT REPORT (EIA)

 1.What is Environmental Impact Assessment?

The concept of Environmental Impact Assessment (EIA) was first introduced and defined in the Law on Environmental Protection (LEP) 1993 No. 29-L/CTN and the definition had hardly changed until the latest version of the Law on Environmental Protection 2020 No. 72/2020/QH14 (LEP 2020), dated November 17, 2020, taking into effect on January 1, 2022. The EIA refers to the process of analyzing, assessing, identifying and predicting environmental impacts of an investment project in order to take measures to reduce the project’s adverse impacts on the environment. Investors must conduct EIAs and obtain approval from the authority on their EIA reports before starting any project construction. Basically, an EIA report must include the following contents:

• Location and current status of the area where the project is implemented
• Main production process, technology, materials of the project
• Prediction of elements with impacts on the environment at the project location
• Measures to reduce adverse impacts on environment.

2. Entities subject to EIA

In previous versions of LEP, investment projects were mainly classified by the scale, capacity and type of production, business and service. In the LEP 2020, the environmental criteria for investment project classification are further expanded, adding areas and sensitive environmental factors such as high-density residential areas, water sources, agricultural land, types of forests, natural heritage sites, etc. In details, in LEP 2020, investment projects are classified into 4 groups:

• Group I: investment projects that pose a high risk of adverse environmental impacts
• Group II: investment projects that pose a risk of adverse environmental impacts
• Group III: investment projects that pose a low risk of adverse environmental impacts
• Group IV: investment projects that do not pose a risk of adverse environmental impacts

The above group classification shall be basis for determining projects subject to the preliminary environmental impact assessment (PEIA), environmental impact assessment (EIA), and environmental license. These are regulated in Articles 28, 29, and 30 of LEP 2020. Specifically, the following projects that belong to Groups I and II involved in production, trading and service are subject to EIA.

• Large-scale and capacity projects
• Medium-scale and capacity projects with sensitive environmental factors
• Projects providing hazardous waste treatment service
• Projects involving import of scrap as production materials

List of type of production, business and service posing risks of adverse environmental impacts, and details on Groups I, II, III projects will be regulated in the Decree guiding LEP 2020. At the present, this decree is being enacted and planned to come into force at the beginning of 2022.

According to each type of investment project, EIA report shall be appraised and approved by Ministry of Natural Resource and Environment (MONRE) or Provincial People’s Committees.

Table 1. Classification of investment project subject to EIA, PEIA, Environmental License (see details in Articles 28, 29, and 30 of LEP 2020)

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