Investment projects and activities are categorized into: 1) "preliminary environmental impact assessment" for projects that will cause "less or not-severe impacts;" and 2) "comprehensive environmental impact assessment" for projects that will cause "huge or severe impacts." Decree on EIA 2019, Art. 9. See also Art. 10 (describing two forms of environmental impact assessment) and Arts. 11-18 (describing preliminary impact assessment process).
Best Practices in Lieu of EIA:
Who Conducts Screening Detail:
"Screening of investment projects and activities [must] be based on the grouping list of investment projects and activities in respect of environmental impact assessment." If an activity is not included on the list, "the natural resources and environment sector will do the screening process based on the data of the project or activity." Decree on EIA 2019, Art. 8.
Criteria for Screening:
List or appendix of project or activity types
Proposed project or activity may cause significant environmental impact
Possible impact to, or adjacent to, a protected area
Criteria for Screening Detail:
Decree on EIA 2019, Arts. 8, 9
Who Prepares EIA:
Project Proponent (with or without contractor)
Who Prepares EIA Detail:
"In preparation of a comprehensive environmental impact assessment report, the project owner must . . . [p]repare the comprehensive environmental impact assessment[.]" Decree on EIA 2019, Art. 22(1).
Who Pays for EIA Detail:
The EIA Decree 2019 does not expressly state that the project proponent pays for the EIA, however it can be implied from Article 22, which makes the project proponent responsible for preparing the EIA and associated studies. See also Art. 59(2) (project proponent is responsible for expenses of specialists, field inspections and implementation of the environmental management and monitoring plan).
EIA Contractor Qualifications:
EIA Contractor Qualification Detail:
"Preliminary environmental impact assessment and comprehensive environmental impact assessment must be done by an environmental service provider that is licensed by the Ministry of Natural Resources and Environment." Decree on EIA 2019, Art. 55
Conflict of Interest Detail:
"The environmental service provider must carry out [EIA] with transparency, justice, ethics, morality and consistent with the laws and regulations and is responsible for [accuracy] of all data and information and the outcome of its study." Decree on EIA 2019, Art. 55.
Terms of Reference Detail:
The project proponant must "determine the scope of assessment and works that must be done in the comprehensive environmental impact assessment of the project." Decree on EIA 2019, Art 20. Determining the scope of the assessment includes the "collection of basic data on environment of the project to identify the key areas and potential impacts" and determining the scope of the works includes "identification of all tasks that must be done during the environmental impact assessment." Id.
Days for Decision Maker Review:
25 or 120 days (depending on complexity of project)
Written Decision Detail:
See Decree on EIA 2019, Arts. 41, 43
Authority to Impose Conditions:
Authority to Impose Conditions Details:
The project owner has the obligation to "perform environmental obligations pursuant to the environmental management and monitoring plan, the compensation plan, relocation and occupational resumption plan, and the specific management plan." Decree on EIA 2019, Art. 59(8). The environmental certificate can be suspended if project owner, "[f]ailed to comply with conditions of environmental management and monitoring plan." Id. at Art. 46(4).
Expiry of Decision:
Indefinite (with periodic review)
Expiry of Decision Detail:
"An environmental certificate is valid for the rest period of the project, but the environmental management and monitoring plan must be improved in every two or five years depending on the type of the investment projects and activities." Decree on EIA 2019, Art. 41.
Financial Assurances or Bond:
Financial Assurances Detail:
"An investment project or activity owner shall deposit financial guaranties to restore, remove pollutants and clean the environment affected by its operations, from commencement till completion. Financial guaranties used for restoration cover expenses during installation, operation, and completion or post-completion of activities. The financial guaranties shall be used in case when the operator cannot fulfil its obligations in restoring, correcting, and cleaning the environment, and remunerating damages or expenses related to impacts, as being stipulated by this Law or concession contracts. Environmental Protection Law, Art. 58.