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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: [email protected]
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
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);