EIA Country Report for Vietnam

Legal Framework
State, Country or Province: 
Vietnam
EIA law: 
Law on Environmental Protection (2005)
EIA Regulations: 
Decree No. 29/2011/ND-CP
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
No
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail: 
2011 Decree, Art. 12 & Appendix 2
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Prepares EIA Detail: 
"Owners of projects mentioned in Article 18 of this Law shall have to elaborate environmental impact assessment reports and submit them to competent state agencies for approval." EP Law, Art. 19(1)
Who Pays for EIA: 
Project Proponent
Who Pays for EIA Detail: 
"Owners of projects mentioned in Article 18 of this Law shall have to elaborate environmental impact assessment reports and submit them to competent state agencies for approval." EP Law, Art. 19(1)
EIA Contractor Qualifications: 
Yes
EIA Contractor Qualifications Detail: 
"Consultancy service organizations that are hired to elaborate environmental impact assessment reports must meet all necessary conditions of professional personnel and material-technical foundations." EP Law, Art. 19(5); 2011 Decree, Art. 16(1)
Conflict of Interest: 
No
Terms of Reference (TOR): 
No
Days for Decisionmaker Review: 
30-60+ days
Automatic Approval: 
No
Written Decision: 
Yes
Written Decision Detail: 
"After issuing the decision approving an environmental impact assessment report, the approval agency shall certify such approval on theā€¦report and send the report to concerned agencies . . . ." 2011 Decree, Art. 21(1)
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
Neither the EP Act or EIA Decrees expressly authorize the decisionmaker to impose conditions with its decision, but the authority can be implied by provisions requiring project proponents to comply with terms included in the decision document. See, e.g., EP At, Art. 23 (Project proponent obligated "[t]o properly and fully implement environmental protection contents in environmental impact assessment reports and requirements stated in decisions approving environmental impact assessment reports.")
Expiry of Decision: 
3 years
Expiry of Decision Detail: 
2011 Decree, Art. 12(3)(b).
Financial Assurances or Bond: 
No
EIA Content
Interdisciplinary Team: 
Yes
Interdisciplinary Team Detail: 
A project owner or EIA consultant must meet education requirements and possess requisite technical equipment necessary for carrying out the EIA. 2011 Decree, Art. 16(1)
Range of Alternatives: 
No
No Action Alternative: 
No
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cumulative environmental impacts
Type(s) of Impact Analysis: 
Social impacts
Type(s) of Impact Analysis: 
Economic impacts
Mitigation: 
Yes
Mitigation Detail: 
"An environmental impact assessment contains the following major contents: (e) Proposal of measures to mitigate adverse impacts on natural conditions, natural environmental components, community health and related socio-economic elements." 2011 Decree, Art. 17(1). "The environmental control plan, which is formulated based on the environmental control program proposed in the environmental impact assessment report covers the following: . . . (c) The responsibilities of the project owner and constructors (if any) for taking solutions and measures to mitigate adverse impacts and prevent and respond to environmental incidents in the project construction phase." 2011 Decree, Art. 22(2)
Monitoring Plans: 
Yes
Monitoring Plans Detail: 
EIA must contain a "[l]isting of works and programs for managing and controlling environmental issues in the course of' project implementation. . . ." 2011 Decree, Art. 17(f)
Access to Information
Draft EIA Locations: 
Not Available
Public Notice of Final EIA: 
No
Final EIA Available: 
No
Final EIA Available Detail: 
One copy of the certified environmental impact assessment report and the decision approving the report is sent to the People's Committee of the district, town, or provincial city in which the project is to be implemented. 2011 Decree, Art. 21(2)(c)), but it is not specified whether the EIA is made available to the public. Furthermore, a copy of the approval decision together with the EIA is sent to the Ministry of Natural Resources and Environment "when so requested." Id. The environmental control plan, which is part of the approved EIA, is available on "public display" at the office of the commune-level People's Committee. 2011 Decree, Art. 22(1)
Final EIA Locations: 
Local government office
Fee to View EIA Documents: 
No
Availability of Reference Studies: 
No
Public Notice of Final Decision: 
Yes
Public Notice of Final Decision Detail: 
Copies of the decision are provided to district-level and commune-level People's Committees in the localities where the project is to be carried out. It is assumed that members of the public are informed of the decision through the People's Committee. See 2011 Decree, Art. 21(3).
Public Participation
Public Scoping: 
No
Public Participation Opportunities: 
Other
Public Meetings: 
Sometimes
Public Meetings Detail: 
"When necessary, the commune-level People's Committee may convene representatives of organizations and communities directly affected by the project to a meeting." 2011 Decree, Art. 15(1)(b)
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
"Results of the meeting between the project owner, the consulted agency and involved parties shall be recorded in writing, including the list of participants and all discussed opinions and opinions absorbed or not absorbed by the project owner." 2011 Decree, Art. 15(1)(c)
Criteria to Hold Public Meeting: 
Ministry or agency has discretion to decide whether to hold a meeting and/or hearing
Days for Public to Review Final EIA: 
0
Public Comments on Final EIA: 
No
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: 
Yes
Response to Public Comments Detail: 
"Agencies approving environmental impact assessment reports shall, before granting approval, have to consider complaints and recommendations made by project owners, concerned population communities, organizations and/or individuals." EP Law, Art. 22(2)
Facilitation of Public Participation: 
No
Judicial Review/Enforcement
Citizen Administrative Review: 
Yes
Citizen Administrative Review Detail: 
Article 128 of the Law on Environmental Protection states: "Organizations and individuals shall be entitled to lodge complaints with competent state agencies or initiate lawsuits at the Court against violations of environmental protection, infringing upon their rights and legitimate interests." The scope of this provision and whether it allows citizens to challenge an inadequate EIA are not clear.
Citizen Judicial Review: 
Yes
Citizen Judicial Review Detail: 
Article 128 of the Law on Environmental Protection states: "Organizations and individuals shall be entitled to lodge complaints with competent state agencies or initiate lawsuits at the Court against violations of environmental protection, infringing upon their rights and legitimate interests." The scope of this provision and whether it allows citizens to challenge an inadequate EIA are not clear.
Project Monitoring: 
Yes
Project Monitoring Detail: 
An inspection and certification agency examines the developer's "environmental protection works and measures for project operation" (detailed in 2011 Decree, Art. 26) and conducts physical inspection of those works and measures. 2011 Decree, Art. 28(1)
Enforceability of EIA: 
Yes
Enforceability of EIA Detail: 
Article 128 of the Law on Environmental Protection states: "Organizations and individuals shall be entitled to lodge complaints with competent state agencies or initiate lawsuits at the Court against violations of environmental protection, infringing upon their rights and legitimate interests." The scope of this provision and whether it allows citizens to challenge an inadequate EIA are not clear.
Enforceability of Permit: 
Yes
Enforceability of Permit Detail: 
Article 128 of the Law on Environmental Protection states: "Organizations and individuals shall be entitled to lodge complaints with competent state agencies or initiate lawsuits at the Court against violations of environmental protection, infringing upon their rights and legitimate interests." The scope of this provision and whether it allows citizens to challenge an inadequate EIA are not clear.
   Updated 11 Aug, 2014