EIA Law Matrix

EIA Law: Law on Environmental Protection (2020)

EIA Regulations: Decree No. 08/2022/ND-CP (2022)

EIA Guidelines or Other Guidance: Circular 02/2022/TT-BTNMT (2022)

Projects Requiring EIA: Government projects, Private projects

Abridged Assessments: No

Best Practices in Lieu of EIA: No

Who Conducts Screening: Government

Who Conducts Screening Detail: Investment projects are classified into one of four groups based on the risk of adverse environmental impacts. LOEP Art. 28(2)

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: LOEP Art. 28; see also Decree No. 8/2022, Art. 25.

Who Prepares EIA: Project Proponent (with or without contractor)

Who Prepares EIA Detail: "The EIA shall be conducted by the investment project owner or a qualified consultancy." LOEP Art. 31

Who Pays for EIA: Project Proponents

Who Pays for EIA Detail: "The EIA shall be conducted by the investment project owner or a qualified consultancy." LOEP Art. 31

EIA Contractor Qualifications: No

Conflict of Interest: Yes

Terms of Reference: No

Days for Decision Maker Review: 30-45 days (depending on investment project type) + 20 days (if there are revisions)

Automatic Approval: No

Written Decision: Yes

Written Decision Detail: The EIAR appraising authority will "[p]ublish decisions on approval of EIAR appraisal results on its web portal" LOEP Art. 38(2). "[I]n case of refusal to grant approval, [the authority must] respond to the investment project owner and provide explanation in writing." LOEP Art. 34(9).

Authority to Impose Conditions: Yes

Authority to Impose Conditions Detail: The project owner must "[r]evise contents of the investment project and EIAR in conformity with environmental protection contents and requirements set out in the decision on approval of EIAR appraisal result." LOEP Art. 37(1). This provision suggests that authorities are permitted to include conditions when they approve a project.

Expiry of Decision: 7-10 years

Expiry of Decision Detail: An environmental license is valid for 7 years for group I investment projects, and 10 years for projects other than group I. LOEP Art. 40(4). If the project undergoes substantial changes during implementation, the project developer may be required to prepare a new EIA. See LOEP, Art. 37; Decree No. 8/2022, Art. 27(2).

Financial Assurances or Bond: No

Interdisciplinary Team: No

Range of Alternatives: No

No Action Alternative: No

Type(s) of Impact Analysis: Direct environmental impacts, Social impacts, Cultural impacts, Economic impacts

Mitigation: Yes

Mitigation Detail: The EIA report must include "[m]ethods for reducing other adverse environmental impacts of the investment project; environmental improvement and remediation scheme (if any); biodiversity offsets scheme (if any); environmental emergency prevention and response plan;" LOEP Art. 32(g)

Monitoring Plans: Yes

Monitoring Plans Detail: The EIA report must include an "environmental management and supervision program" LOEP Art. 32(h)

Public Notice of Draft EIA: No

Draft EIA Available: No

Draft EIA Locations: Not available

Public Notice of Final EIA: Yes

Public Notice of Final EIA Detail: "The project owner shall preside over and cooperate with the People’s Committee of the commune where the project is executed in posting the EIAR at the communal People’s Committee and notifying time and place of the meeting intended to seek opinions of the consultees specified in point a clause 1 of this Article at least 05 days before the meeting." Decree No. 08/2022 Art. 26(3)(b)

Final EIA Available: Yes

Final EIA Available Detail: "The project owner shall preside over and cooperate with the People’s Committee of the commune where the project is executed in posting the EIAR at the communal People’s Committee and notifying time and place of the meeting intended to seek opinions of the consultees specified in point a clause 1 of this Article at least 05 days before the meeting." Decree No. 08/2022 Art. 26(3)(b)

Final EIA Locations: Internet, Local government office

Fee to View EIA Documents: No

Availability of Reference Studies: No

Availability of Reference Studies Detail: There are no provisions in the EIA laws concerning public access to background studies or information associated with the EIA. This information may be accessible, however, through the Access to Information law.

Public Notice of Final Decision: Yes

Public Notice of Final Decision Detail: Yes

Public Scopingtigation: No

Public Review of TOR: Yes

Public Participation Opportunities: Public Meetings and/or public hearings

Public Meetings: Yes

Public Meetings Detail: "The investment project owner shall hold a consultation with consultees [identified in the law.]" The consultation is only required to occur with individuals and residential communities "under direct impact of the investment project." LOEP Art. 33. Investment projects on the list of state secrets are exempt from consultation. LOEP Art. 33(7). See also Decree No. 8/2022, Art. 26.

Public Input at Meeting: Yes

Public Input at Meeting Detail: LOEP Art. 33(4)a

Criteria to Hold Public Meeting: Public meeting and/or hearing is automatically required

Public Comments on Draft EIA: No

Public Comments on Final EIA: Not specified

Public Comments on Final EIA Detail: Consultation occurs during preparation of the EIA and it does not appear from the EIA law or decrees that the public has an opportunity to review or comment on the final EIA.

Response to Public Comments: No

Facilitation of Public Participation: No

Citizen Administrative Review: Yes

Citizen Judicial Review: Yes

Citizen Judicial Review Detail: Review may be available through the Ordinance on the Procedures for Settlement of Administrative Cases (available at https://www.wipo.int/edocs/lexdocs/laws/en/vn/vn055en.pdf), amended by No. 29/2006/PL-UBTVQH11 (available at: https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/vn/vn056en.html)

Project Monitoring: Yes

Project Monitoring Detail: After receiving approval of the EIA, the project developer must then acquire an environmental license. The environmental license requires monitoring and reporting. LOEP Art. 48(3)

Enforceability of EIA: No

Enforceability of Permit: No