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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 54/2021/ND-CP
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Hanoi, May 21, 2021
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DECREE
PROVIDING FOR PRELIMINARY ENVIRONMENTAL IMPACT ASSESSMENT
Pursuant to the Law on
Government Organization dated June 19, 201; Law on Amendments to some Articles
of the Law on Government Organization and Law on Local Government Organization
dated November 22, 2019;
Pursuant to the Law on
Construction dated June 18, 2014;
Pursuant to the Law on
Amendments to the Law on Construction dated June 17, 2020;
Pursuant to the Law on
Public Investment dated June 13, 2019;
Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the Law on
Public - Private Partnership Investment dated June 18, 2020;
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At the request of the
Minister of Natural Resources and Environment;
The Government hereby
promulgates a Decree on preliminary environmental impact assessment.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
This Decree elaborates on
preliminary environmental impact assessment (hereinafter referred to as
“PEIA”).
Article
2. Regulated entities
This Decree applies to
organizations and individuals involved in or related to investment, public
investment, PPP investment, investment in construction, and issuance of
investment registration certificates, except for the case where an investment
registration certificate is issued at the request of the investor.
Chapter
II
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Article
3. Projects subject to and contents of PEIA
1. Projects subject to
PEIA include investment projects required to prepare an environmental impact
assessment (EIA) report as prescribed in Section I of Appendix II enclosed with
the Government's Decree No. 40/2019/ND-CP dated May 13, 2019 and falling into
one of the following cases:
a) Public investment
projects (except for emergency public investment projects of the national
target program, component projects of a project to which decisions on
investment guidelines, on investment preparation tasks and on planning tasks
have been issued by the competent authority);
b) PPP projects;
c) Investment projects
subject to approval for their investment guidelines as prescribed by the law on
investment;
d) Investment projects
subject to issuance of investment registration certificates, except for the
case where an investment registration certificate is issued at the request of
the investor.
2. The PEIA shall focus
on:
a) Assessing the
conformity of the investment project location with the national environmental
protection strategy, national environmental protection planning and
environmental protection contents in regional planning, provincial planning and
other relevant planning;
b) Identifying and
predicting major environmental impacts of the investment project on the basis
of scale, production technology and location of the project;
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d) Analyzing, assessing
and selecting a scheme regarding scale, production technology, technology for
waste treatment and location of the investment project, and solutions for
reducing environmental impacts;
dd) Determining notable
major environmental issues and environmental impacts during the environmental
impact assessment.
Article
4. Carrying out and considering contents of PEIA
1. Any organization or
individual proposing an investment project which is any of the ones specified
in Clause 1 Article 3 of this Decree shall carry out PEIA upon preparing the
pre-feasibility study report, report proposing investment guidelines,
application for investment guideline approval and application for issuance of
the investment registration certificate.
2. The contents of the
PEIA shall be considered by the competent authority together with the appraisal
of the application for decision on investment guidelines or approval for
investment guidelines of the project and the application for issuance of the
investment registration certificate in accordance with regulations of laws on
public investment, PPP investment, investment and construction.
Chapter
III
IMPLEMENTATION
CLAUSE
Article
5. Transitional clauses
1. Regarding an
investment project for which the competent authority has carried out appraisal
of the EIA report before the effective date of this Decree with the result
showing that the report was passed without any correction or addition and an
investment project for which the competent authority approved the EIA report,
they are not subject to PEIA.
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3. In the case where a
PPP project for which the application for investment guideline decision has been
received by the competent authority before January 01, 2021 has had an EIA
report as prescribed by the law on environmental protection, it shall continue
to be executed in compliance with regulations of law at the time of receipt of
the application. In the case where a PPP project for which the application for
investment guideline decision has been received by the competent authority
before January 01, 2021 is yet to have an EIA report, it shall be executed in
compliance with regulations of law on PPP investment and law on public
investment.
Article
6. Effect
1. This Decree comes into
force from the date on which it is signed.
2. Article 12 of the
Government's Decree No. 40/2020/ND-CP dated April 06, 2020 providing detailed
regulations on the implementation of several Articles of the Law on Public
Investment is annulled.
Article
7. Responsibility for implementation
Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities, and organizations and
individuals concerned are responsible for the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Le Van Thanh
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