10/10/2016
Biodiversity resources of Việt Nam have been facing many threats. Population growth, poverty, economic development pressures, alien species invasion and introduction, climate change… have degraded ecosystems and wildlife populations; many flora and fauna species become endangered, even threatened to be extinct in the wild.
Policies and legislations on Việt Nam’s biodiversity conservation
The Việt Nam Biodiversity Action Plan 1995 approved by the Prime Minister at Decision no. 845/TTg on 22th December 2016 was considered as the first founding policy of Việt Nam on biodiversity conservation. After 20 years of implementation and development, biodiversity conservation in Việt Nam has achieved important outcomes on system development, organization structure on conservation management, legislation framework, research and training, information and social awareness raising, international cooperation and investment resource mobilization. A system of national parks and protected areas has been planned and established nationwide with 164 special use forests (2.2 million ha) and up to 176 projected by 2020 (2.4 million ha). Special use forests and marine protected areas, wetlands, and inland waters are the most important subjects for biodiversity conservation in Việt Nam.
The policies system on environmental protection and biodiversity conservation are continuously strengthened in parallel with the socio-economic development trend and international integration of Việt Nam. In 2007, the Government approved the Việt Nam Biodiversity Action Plan to 2010 and orientations towards 2020 to implement the Convention on Biological Diversity and Cartagena Protocol on Biosafety. In 2013, the Việt Nam National Strategy on Biodiversity to 2020, vision to 2030 which was approved by the Prime Minister with a new vision on biodiversity is the foundation for green economy and biodiversity conservation to be solutions for response to climate change.
However, the most important milestone is the Law on Biodiversity endorsed by the National Assembly in November 2008 and implemented since 1st July, 2009. This is the first legal framework in Việt Nam which have regulation on biodiversity conservation and sustainable development; rights and responsibilities of organizations, households, and individuals on biodiversity conservation and sustainable development based on the approach that biodiversity is a unified comprehensive subject (ecosystem, species and genetic resources). In addition, other sectoral laws such as Law on Forest Protection and Development (2004), Law on Fishery (2003), and Law on Water Resources (2012) create a diverse and multi-sectoral system for biological resources protection. The Law on Environmental Protection 2014 provides mechanisms supporting biodiversity conservation such as regulations on environmental impacts assessment (EIA)… Regarding by-law documents, between 2009 and 2014 after the effectiveness of the Law on Biodiversity, 8 decrees, 9 decisions and 12 circulars have been promulgated to institutionalise strategies, planning, and mechanisms on biodiversity conservation and sustainable development in Việt Nam.
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| Assessment of biodiversity impacts in EIA is to prevent biological resources loss and degradation in Việt Nam |
Development investment activities and environmental protection requirements
Following the development trends, legislations on investments in Việt Nam are becoming more specific and requiring the compliance of environmental protection regulations towards sustainable development. The Law on Investment 2005 regulates to investment activities in Việt Nam and investments from Việt Nam to overseas, which applies to domestic and foreign investors as well as organisations and individuals relating to investment activities. Regarding investment activities in Việt Nam, projects that destroy natural resources and environment are prohibited (Article 30) and regulations on environmental protection such as EIA must be carried out (Article 20). Therefore, during the investment project preparation, implementation and management, investors must prepare environmental protection commitments (investment registration phase), solutions on environment (investment project appraisal phase).
Law on Investments 2014 (amended) took effect on 1st July 2015 which clearly regulated (compared to Law on Investment 2005) requirements on environmental protection for some project types. Particularly, Article 30 assigns the National Assembly to decide the investment policy of projects that cause significant impacts on the environment or potentially, bring serious impacts to the environment, including: nuclear power plant; change in land use in national parks, protected areas, landscape protection areas, research and scientific forests of more than 50 ha; watershed protection forest of more than 50 ha; production forests of more than 1,000 ha. This Law also prohibits investment and trading activities of wild flora and fauna samples according to Annex 1 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and Fauna; samples of rare and endangered wild fauna and flora of Group I originated from nature as regulated (Article 6).
The Law on Public Investment 2014 took effect from 1st January 2015 which regulates different types of State’s public investments on socio-economic infrastructure structure construction projects and programs and investments on socio-economic development programs and projects. Article 7 of this Law which is similar to Article 30 of the Law on Investment 2014 regulates projects that cause significant impacts on the environment or potentially cause serious impacts on the environment to be listed in the national important project group, in addition to other project types (A, B, C). With each project type, the Law also requests the analysis and EIA during the preparation of pre-feasibility studies (regarding national important projects or projects in group A) or investment proposing reports (concerning projects in group B and C).
Contents and requirements of analysis and EIA of investment projects are regulated in the Law on Environmental Protection 2014 (amended and implemented since 2015) and Decree no. 18/2015/ND-CP dated 14th February 2015 on environmental planning, strategic environmental assessment (SEA), EIA and environmental protection plan. Before 2015, this requirement was implemented according to Decree no. 29/2011/ND-CP dated 18th April 2011 on SEA, EIA and environmental protection commitment as well as other relevant circulars.
Integration of biodiversity into EIA
Although the assessment of impacts on biodiversity caused by development projects is considered technically difficult, financially and human costly and time-consuming. However, the institutionalisation of the assessment of biodiversity impacts in EIA is necessary to prevent biological resource loss and degradation in Việt Nam. When it is compulsory, it will create conditions for state management agencies on biodiversity to promote the standardization of criteria system and the national biodiversity database, to establish the biodiversity monitoring system in priority areas (protected areas, sensitive ecosystems), to support development of initiatives, valuation policy, biodiversity tradeoffs and ecosystem services.
Due to the diversity and complexity of biodiversity as well as limitations on awareness on the mobilization of local natural ecosystems, the identification of contents and criteria for assessment of biodiversity impacts in a comprehensive and feasible manner is not easy. Based on current regulations and policies relating to natural resources management and biodiversity, EIA practice in Việt Nam, as well as experience in application of environmental safeguards policies of foreign loan projects, the authors propose a framework of contents and criteria on biodiversity impact assessment to be integrated into EIA and other project procedures in Việt Nam. The proposed framework consists of 17 assessment criteria belonging to four impact levels relating to biodiversity.
Level of impacts on typical biodiversity values of the region (ecological zone, landscape, ecosystem, species): Legislations on environmental protection of Việt Nam have specific indicators for this criterion, mostly focusing on natural values of biodiversity, including: protected areas (national park, nature reserve…), sensitive ecosystems (wetlands, protection forest…), rare and unique species; trend in area and quality changes of landscapes and ecosystems; trend in quantity changes of rare and unique species.
Level of impacts on ecosystem services/environment of the region: This criterion clarifies the impacts of the project on roles/benefits of biodiversity to the region. It is necessary to clearly identify negative impacts of the projects on ecosystem values such as water supply, oxygen supply, and greenhouse gas emission reduction. The specification of this criterion is very important to ensure that projects do not change or cause any adverse impacts on ecosystems in the region.
Level of impacts on rights and status of biodiversity use/dependence of relevant stakeholders, including benefit sharing: This criterion clarifies the impacts of the project on benefit sharing of biodiversity among local communities. Generally, local communities in high biodiversity areas depend on natural resources (forest, soil, and water). Therefore, it is necessary to clarify if the project is implemented, what are the impacts of the project on local communities? Adverse impacts must be accompanied with compensation and mitigation measures.
Level of impacts on interference on biodiversity conservation in the region (law, policy, strategy, plan, program at watershed, corridor/region, national park/protected area levels): This criterion clarifies the possibility and levels of impacts of the project on policies and budget spent on biodiversity conservation in the region. It is necessary to clarify if the project is implemented in the region, how are approved policies on biodiversity protection affected? Increase or decrease in biodiversity conservation activities, including patrolling, propaganda activities…? Change in budget spent on biodiversity conservation policy implementation? Affected financial source come from which source?
Some recommendations and suggestions to ensure biodiversity conservation policies to be implemented in development projects
First, clearly regulating the structure and contents on biodiversity in EIA; biodiversity management plan and monitoring during project construction and operation. Specifying biodiversity contents through biodiversity criteria as basis for assessing and appraising EIA. Structure and contents on biodiversity should be specified in details. If project affects sensitive areas such as national park, nature reserve, the independent assessment of biodiversity impacts beside the general EIA is required.
Second, developing standard regulations on methodology on assessment of impacts on biodiversity, including data collection, impact assessment and forecast (direct, indirect and accumulative impacts). In addition to standard regulations on methodology, it is also necessary to promulgate a detailed technical guideline on biodiversity information collection, ecosystem service evaluation, detailed assessment of impact types and suggestion of appropriate mitigation solutions.
Third, consulting in details with relevant stakeholders (local community, local authority, management boards of national parks, protected areas…) on project impacts, mitigation measures, ecosystem service values and biodiversity trade-off.
Fourth, developing and completing the national database on biodiversity. This is the formal information source for reference on biodiversity status in the project area. The use of national database is to ensure the unification on biodiversity in EIA procedure, EIA report, and is the foundation for comparison of impacts on biodiversity with and without the project.
Fifth, publishing information on the project and the EIA report; regulating the responsibility of the EIA appraisal committee, involving social communities in EIA appraisal.
Sixth, changing the procedures for licence granting for development projects; considering EIA as a necessary document while considering to grante the investment license.
Nguyễn Đức Anh
Institute of Ecology and Biological Resources
Đỗ Lê Thị Minh
Hanoi Community College
