Nghị định 54/2021/NĐ-CP quy định về đánh giá sơ bộ tác động môi trường

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;

Pursuant to the Law on Environmental Protection dated June 23, 2014;

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

PRELIMINARY ENVIRONMENTAL IMPACT ASSESSMENT

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;

c) Identifying sensitive environmental factors present in the investment project location according to the location selection methods (if any);

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.

2. Regarding an investment project for which the PEIA has been carried out and whose investment guidelines have been approved by the competent authority, it is not subject to PEIA when applying for the investment registration certificate.

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.