ENVIRONMENTAL IMPACT

ASSESSMENT IN VIETNAM

MONRE – 2015

Presented by: Hai Nghiem Department of EIA&A Vietnam Environment Administration Ministry of Natural resources and Environment Mobile: 0978 704 766 Email: hai.adpc@gmail.com

Contents:

History of EIA legislation

Current EIA legislation system

EIA review process- Delegation of power

in review

Achievements

Institutional and HR

Challenges

HISTORY AND DEVELOPMENT of EIA IN VIETNAM

For more than a decade, The Government of Vietnam, international donors and international non-governmental organizations (NGOs) have embraced EIA as a means of identifying and managing the effects of economic development on the natural environment.

LEP

1993

For the first time, broad regulatory framework for environmental issues in Vietnam was defined, and specific requirements for EIA were established. Decree 175/CP on Providing Guidance for the Implementation of the LEP Circular 490/1998/TT-BKHCNMT of Guidance on Setting Up and Appraising the EIA Report for Investment Projects

LEP

2005

well to reflect the period of fast industrialization and modernization Strategic Environmental Assessment (SEA), EIA, Environment Protection Commitment, Post-EIA Currently in force: Decree 29/2011 Circular 26/2011

LEP

2014

SEA, EIA,EP, Post-EIA, Environmental Protection Planning In force on 01/01/2015 Decree 18/2015 New Circular

CURRENT EIA SYSTEM IN VIETNAM

LEP 2014 National Assembly

Decree No. 18/2015/ND-CP of the Government concerns Environment protection

planning, Strategic environmental assessments,

environmental impact reports and environmental protection

program

Circular - on strategic environmental assessment, environmental impact

assessment and environmental protection program.

Vietnam standards (TCVN), Codes of Conduct (QCVN) to be used in EIA process

Technical guidelines made by MONRE, VEA for preparing EIA reports for particular types of project: nuclear power

plant, rare earth mining, textile dying, open pit mining, underground mining, gasification, ship building,….

Top level legislation. Specific requirements for EIA were established, sets out the EIA framework in Vietnam

-Expands the list of projects and plans which must implement SEA -List of 113 project groups within 17 categories subjected to EIA - Types, scale of project that are reviewed by MONRE, DONRE - EPP, SEA, EIA reports reviewing & appraisal process

More details on SEA, EIA process, review panel, structure of the reports, contents to be included, application form template,…

Current legislations for EIA system in Vietnam

Market tools: Circular No 50/2012/TTLT-

BTC-BTNMT 30/3/2012 guiding budget planning and costs for preparing SEA

EIA reviewing fees:

Circular No 218/2010/TT-BTC dated 29/12/2010: EIA at central levels

Circular No 02/2014/TT-BTC dated 02/01/2014: at provincial level.

E

Levels of environment impact assessment

EIA, EP Program

Strategy

Planning

Plan/Scheme

Projects

SEA

SEA

SEA

Environmental Protection Planning

EIA reviewing and appraisal process

CURRENT EIA SYSTEM IN VIETNAM Delegation of power in EIA appraisal in Vietnam

Central

• MONRE-VEA-Department of EIA&A • Review SEA, EIA, EP program (stipulated

in Decree 29). Post-EIA • (150~190 reports/year)

Provincial

• People Committee-DONRE • Review SEA, EIA (stipulated in Decree 29),

post-EIA • (Average 30 reports/year)

District, Commune

• Environment protection unit • Register EPC • (56.380 EPC registered and 32.324 simple

EP program certified.)

• Department of ST • (2 EIA)

Ministry of Information and Communications

(MOIC)

• Health Environmental Management Agency

• (7 EIAs) Ministry of

Health

• Department of Environment

• Transport project • (30 EIAs)

Ministry of Transport

• Department of Environmental Police

• (20 EIAs) Ministry of Public

Security

Line ministries

Achievements

Legislation: more comprehensive about EIA system; about SEA, in short time, Vietnam has developed a legislation system for SEA, regulations related to procedure, requirements for preparing, reviewing SEA.

State management system: completed in both central and localities including EIA management system;

Responsibiliy, awareness of organization, communities: enhanced, raised, more comprehensive; Public consultation in EIA, SEA process; more attention from public paid to EIA, SEA;

Role, significance of EIA and SEA: enhanced more by detailed regulations about procedure, process, time for establishment and review for project, strategy and planning.

Contents and Quality: clearer, more details; quality enhanced, more appropriate EP measures, environment management, monitoring programs

Better environment protection

Institutional structure

MONRE • Organization: MONRE – VEA (Vietnam Environment Administration) –

Department of EIA & A: 29 officers, 11 contracted officers. Management for , EPP, SEA, EIA, EP program and post-EIA

• Outcomes: Since Decree 29/2011/NĐ-CP in force: SEA: 14 pilot projects, reviewing 40 SEA reports : 27 submitted to

prime minister for approval EIA: 125 – 150 report/ year (from 2011 to now: ~650). 95 not

approved ; very few approved without adjustment and complement. Post EIA: received 223 profiles, 134 projects certified. Pro-actively

carried-out post- EIA for 34 projects of hydro power plants and mineral resources extraction/process.

Developed 13 guidelines for SEA; 22 guidelines for EIA, 01 guideline for reviewing EIA report (Nuclear power plant)

Institutional structure

Other Governmental organizations: • Structure: (1) Integrated environment management programs for units

(department of science and technology, department of science, technology and environment; (2) formation of department of STE

Ministry of Industry and Trade: Department of industrial safety and environment (18 personals)

Ministry of Public Security : Department of Management for Science Tech. and Env. (H46), + Environment police (C49)

Ministry of transportation: Environment Department (~13 personals)

Ministry of agricultural and rural development: Department of STE (~12 personals)

Ministry of Health: Department of environment management (~12 personals)

……

Institutional structure

Provincial level: Human resources: 62 divisions for EP; 1126 officers, 323 work in EIA and SEA Outcomes (57/63 provinces, cities): 5.623 EIA reports, 1.960 EP programs approved. varies between different provinces, average ~ 33 EIA reports/year /province EPC at district and commune levels: 56.380 EPC & 32.224 simple EP programs registered and certified. Post-EIA activities: 1500 projects assessed and certified.

NEW EIA requirements in 2014 system

Environment Protection Planning (national, provincial), 10 years.

More extensive biodiversity impact assessment

More comprehensive public consultancy.

Human health impacts

Certification system for EIA practitioners

Challenges

Pressure on the environment from economic development, increase in population

Transboundary issues

New type of project to Vietnam and complicated in terms of EP (nuclear energy, rare earths, high technological projects…)

HR and finances not meet the demands;

Challenges

Un-controlled quality, activity of consultation firms;

Lack of complete database, monitoring system;

Awareness of community, project owner, stakeholders in EP is not so high. In fact, there are still projects approved without EIA, EPC (which then subject to EP programs);

THANK YOU FOR YOUR TIME!