13/06/2016
The Law on Environmental Protection (LEP) 2014 taking effect on 1 January 2015 has Chapter 2 with 21 articles on environmental protection planning (EPPn), strategic environmental assessment (SEA), environmental impact assessment (EIA) and environmental protection plan (EPP). These articles have some new contents compared with LEP 2005. As a next step, it is necessary to develop a decree on EPPn, SEA, EIA and EPP. The Decree provides guidances on EPPn, addresses shortcomings on SEA, EIA and EPP and facilitates the realization of LEP 2014. Issuance of this Decree plays an important role in facilitating an effective implementation of the LEP 2014 and promoting environmental protection in the period of boosting industrialization and modernization and international integration. This paper reviews new points of Decree 18/2015/ND-CP compared with Decree 29/2011/ND-CP.
Main view points of the Decree
The Decree is based on the following view points: legalizations, orientations and directions of the Party, in particular those reflected in Party Central Standing Committee’s Resolution 24/NQ-TW dated 3/6/2013 on proactively responding to climate change and strengthening natural resource management and environmental protection; considering pollution and degradation prevention as a major task to ensure systematic, comprehensive, scientific and feasible features of environmental protection regulations; replacing stipulations on EPPn, EIA, SEA and EPP in Decree 29/2011/ND-CP dated 18/4/2011 and Decree 35/2014/ND-CP dated 29/4/2014 supplementing Decree 29 while ensuring consistency and feasibility; detailing the regulations of LEP 2014 on EPPn, SEA, EIA and EPP, providing a legal basis for effective implementation consistent with administrative reform requirements; inheriting effective articles of Decree 29/2011/ND-CP and Decree 35/2014/ND-CP; being transparent and democratic in environmental management to promote community responsibility; and contributing to simplifying administrative procedures related to SEA, EIA and EPP.
New contents of Decree 18/2015/ND-CP
Basically, Decree 18/2015/ND-CP inherits main parts of Decree 29/2011/ND-CP. However, there are some new points as follows:
EPPn: Providing detail on developing, appraising and approving EPPn in Chapter 2 of the Decree. This is a new stipulation to meet with practical requirements from local levels.
Main contents of EPPn include situations and objectives of forest environmental management; biodiversity, current status of marine environment, islands and river basins; objectives and solutions to conservation and protection of natural resources and environment of seas, islands and river basins; current status of emission and air quality; objectives and solutions to planning for large emitting activities; current status of soil environment; objectives and solutions to soil degradation prevention and contaminated site remediation. EEPn is developed at both provincial and national levels.
SEA: Decree 18/2015/ND-CP regulates that there is 1 format of SEA, instead of 3 as regulated in Decree 29/2011/ND-CP and for programs, strategies, master plans and plans with inconsiderable impact on the environment, there are fewer groups subject to SEA.
EIA: The number of projects subject to EIA reduces from 146 in Decree 29/2011/ND-CP to 113 as regulated in Annex 2, Decree 18/ND-CP. The projects include those under approval of National Assembly and Prime Minister; using land of national parks, nature reserve, world heritage parks, biosphere reserve, nationally classified historical and cultural relics or attractive sites; converting forest land or changing forest and rice land use purposes; construction (urban and residential infrastructure, newly developed or rehabilitated wastewater drainage, canal, river and lake sediment cleanup projects; infrastructure development for industrial zones, high tech zones, industrial clusters, export processing zones, trading zones, craft villages and other centralized production and trade zones); construction material producing projects (cement production, kiln production, brick, roof tiles and floor tiles) and transportation projects.
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| Urban and residential wastewater drainage projects are among 113 types of project subject to EIA as regulated in Decree 18/ND-CP |
In addition, Decree 18/ND-CP modifies scales of projects subject to EIA so that the number of projects subject to EIA is smaller.
Inspecting and verifying the completion of environmental protection works and measuring before operational phase: Supplementing column 4, Annex 2 in Decree 18/2015/ND-CP to remove some projects with simple environmental protection works and measures which do not require inspection and verification before operational phase. It is in line with simplifying administrative procedures and saving time and resources for society.
EPP: Replacing the phrase “commitment” by “plan” in Chapter 5 to enable project owners to fulfill their responsibilities proactively in environmental protection. In addition, this facilitates environmental management for projects not subject to EIA requirements.
Environmental protection scheme: Point 2, Article 22 of the Decree stipulates that production and trade facilities which have not had environmental protection schemes shall develop and submit the schemes to competent authorities. Accordingly, entities subject to developing environmental protection schemes include existing production, trade and service facilities not having their EIAs approved or environmental protection commitments verified. Within 36 months since this Decree takes effect, these entities shall need to take corrective actions by developing detailed or brief environmental protection schemes.
Environmental consultant organizations: Project owners shall be responsible for implementing or hiring consultant organizations to conduct EIA as regulated in Article 19 LEP 2014. They shall be responsible for the EIA reports and information in the reports.
Organizations charging for conducting SEA shall meet requirements of human resources, laboratories, verified equipment and sampling procedures for SEA. In case the organizations do not have laboratories and suitable equipment, they shall hire competent consulting units to do the job.
In addition, the Decree specifies that officers conducting SEA and EIA shall need to have at least tertiary education and EIA and SEA professional consultant certificates.
Community consultation in EIA: During EIA implementation, project owners shall consult with local Commune’s People Committees and affected people, study and take into account objective and reasonable feedback of consulted stakeholders to minimize negative impact on the environment, biodiversity and public health. With this regulation, it is expected that projects will be more acceptable by society and approach to participatory SEA practices in developed countries.
Recommendations
It is necessary to issue Decree 18/2015/ND-CP on EPPn, SEA, EIA and EPP to overcome obstacles shortcomings and inherit good points of Decree 29/2011/ND-CP. To facilitate effective implementation of this Decree, MONRE needs to urgently complete a circular on SEA, EIA and Environmental Protection Commitments, a circular on each EPPn, SEA and EIA consultant certificates. Other tasks needing to be fulfilled include reviewing and revising legal documents in environmental management from central to local levels; enforce regular reporting on EIA, SEA; oblige inspection and verification of environmental protection works before operational phase, and EPP; develop a master plan for improving SEA, EIA and EPP capacity; and establish information and database on EPPn, SEA, EIA and EPP from central to local levels to facilitate EPPn, SEA, EIA and EPP conducting and appraising.
MSc. Phạm Anh Dũng, Deputy Director
Dr. Hoàng Hải and Dr. Lê Trịnh Hải
Department of Environmental Impact Assessment and Appraisal
Vietnam Environment Administration
