When a business investment a projects in the fields of business, the first issue of concern is completed all the records, implementation the provisions of law, to ensure the feasibility of the project. In particular, the environmental profile is a crucial & indispensable component and if not implemented, you will be fined heavily and make the slow progress of the project. Before going into operation, the project in type that need the environmental impact assessment report should be carried out this work in parallel to the feasibility study report of the project, if this report has not been evaluated, the project will not be done. According to Decree 179/2013/ND-CP with effect from December 30, 2013 if the enterprise in violation of the provisions on reporting environmental impact assessment, it shall be administratively fined according to scale and seriousness of the violation, may be suspended operations in some cases causing serious consequences for the environment.

1. What is the Report of environmental impact assessment?

Report on Environmental Impact Assessment (EIA for short) is to assess the interaction between the project with the natural elements, economy and society. International Organization for Environmental impact assessment (IEIA) brings out a definition of the environmental impact assessment includes tasks such as identify, predict, evaluate and mitigate the impact of development project to biological factors, social and other relevant factors before making important decisions and implement these commitments. EIA is a supportive tool for the investor to decide to select the feasibility and optimal solution for economic and technical of investments project.

All environmental considerations have been made since the first phase of project planning (through the explanations of environmental issues in the report of explaining the technical and economic) to development and implementation project (via EIA report) and continued during the operation of the project.

2. Pursuant to the law

-          Law on Environmental Protection November 29, 2005.

-          Pursuant to Decree No. 29/2011/ND-CP of April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, environmental protection commitments.

-          Circular 26/2011/TT-BTNMT detailing a number of articles of Decree No. 29/2011/ND-CP of April 18, 2011 of the Government on strategic environmental assessment, impact assessment environmental, environmental protection commitments. This Circular takes effect from September 02, 2011.

3. Objects of report environmental impact assessment

a) The project in the list from item 1 to item 143 and item 145 - Appendix II, Decree No. 29/2011/ND-CP; projects have different names but with the same nature and scale of the project in the list from item 1 to item 143 Appendix II, Decree No. 29/2011/ND-CP.

The project to renovate, expand, upgrade and improve the capacity of the production facilities, sales and service operations are approved on environmental impact assessment report or to register, confirm the commitment to environmental protection or confirm registration or environmental standards for approval and certification schemes for environmental protection equivalent to the level of the object from item 1 to item 143 Appendix II, Decree No. 29/2011/ND-CP;

Object specified in paragraph 5 of Article 35 of Decree No. 29/2011/ND-CP.

The time of establishment, evaluation and approval of reports on environmental impact assessment in item (a) were implemented comply with the Article 13 of Decree No. 29/2011 / ND-CP.

b. If the project has been approved but not yet in operation in the following cases must apply for re-evaluation of EIA report:

Change the location of the project or not implemented project during the thirty six (36) months from the date of issuance of the approval decision.

Increase the size, capacity or technological change increases the scope of impact or increase the negative impact on the environment caused by waste or increasing the level of emissions generated or substances new waste, waste polluting components higher than the calculated results, forecast report in environmental impact assessment has been approved.

Profile for evaluation and appraisal, approval of reports on environmental impact assessment for the cases specified in item (b) shall comply with the provisions of Articles 13, 14 and 15 of Circular 26 / 2011 / TT-BTNMT.

4. The process of reporting environmental impact assessment.

-          Scoping: identifying the environmental issues involved and the scope of the EIA study;

-          Conducting a survey on geography, geology, environmental conditions of the project area, determine the conformity with the requirements of the project and requirements of environmental protection areas;

-          Assess the current state of the environment, resources and the pollution level of waste generated, environmental protection tasks of the enterprise from the preparation to the present time;

-          The report evaluated the preventive measures, waste treatment has been used.

-          Develop measures to reduce pollution for the construction phase. Proposal management, prevention, handling collection and disposal of solid waste from the operation of the project.

-          Identify community groups involved / interested in the project EIA process: project owners, investors (people / organizations sponsor or lender), Ministry of Natural Resources and Environment, local government, communities;

-          Preparation of the EIA report submitted to the Ministry of Natural Resources and Environment or PPC / a (Department of Natural Resources and Environment, local);

-          To send the file to the evaluation board and approved the project.

5. Evaluation and approval of the EIA report.

These activities comply with EIA approval decisions during project implementation.

-          One (01) document of project owner suggestion for evaluation and approval of reports on environmental impact assessment is in the form prescribed in Appendix 2.3 of Circular 26/2011 / TT-BTNMT.

-          Seven (07) of the EIA report of the project. In case of the number of members of the evaluation board more than seven (07) persons or where necessary in accordance with the requirements of the evaluation, the project owner must provide the number of records added. Form of the cover, the cover page; structure and requirements for the contents of the report on environmental impact assessment are in the form prescribed in Appendix 2.4 and 2.5 of Circular 26/2011 / TT-BTNMT.

-          One (01) the investment project report (feasibility study report).

Note: The following two cases need additional documentation as prescribed by Circular 26/2011 / TT-BTNMT.

-          For the case of projects to renovate, expand, upgrade and improve the capacity of the production facilities, sales and service operations are approved records of environmental impact assessment or to register, confirm commitment to protect the environment or confirm registration environmental standards or approved, certified environmental protection projects to a level similar to the objects from  item 1 to item 143 Appendix II Decree No. 29/2011 / ND-CP have to add one (01) copy of the decision approving the report of environmental impact assessment or the registration certificate of environmental standards, the decision to approve or verification project received environmental protection or a documentation demonstrate commitment to protecting the environment has been registered of production facilities, business services are running.

-          For cases where it is necessary for the establishment of the Environmental Impact Assessment accompanying one (01) copy of the decision approving the report of environmental impact assessment of the project earlier.

6. The time for evaluation and approval of environmental impact assessment

The generating of report of environmental impact assessment was carried out simultaneously with the process of setting up an investment project (feasibility study report).

Duration for dossier evaluation of environmental impact assessment is defined as follows:

a) Report of environmental impact assessment under the authorization of the Ministry of Natural Resources and Environment, the maximum duration of the evaluation is forty-five (45) working days from the date of receipt of valid dossiers . In case of complex projects on environmental impacts, the maximum duration of the evaluation is sixty (60) working days;

b) report on environmental impact assessment evaluation not under the control of the Ministry of Natural Resources and Environment, the maximum duration of the evaluation shall be thirty (30) working days from the date of receipt of valid dossiers . For complex projects on environmental impact and duration of the evaluation is forty-five (45) working days.

Duration for EIA approval maximum of fifteen (15) working days from the date of receipt of a valid application.

Note: The duration of the evaluation and approval of reports on environmental impact assessment does not include the time for complete project file environmental impact assessment.