EIA Consulting: Environmental Impact Assessment for Projects

Many businesses today find themselves in a difficult position: their projects are stalled and cannot start production or operation, even though they have fully secured capital, human resources and management systems, because they lack information on preparing an environmental impact assessment (EIA) report. This shows that preparing an EIA plays a vital role in a business's production and commercial activities, providing the basis for controlling its environmental situation and easily managing its various waste sources.

1. What is an environmental impact assessment (EIA)?

Environmental impact assessment (EIA), known in English as Environmental Impact Assessment, is the process of analyzing, evaluating, identifying and forecasting the environmental impacts of an investment project and proposing measures to minimize its negative effects on the environment.

It helps the project owner:

• Pursue sustainable development by managing and limiting negative environmental impacts;
• Have a tool for developing solutions to environmental problems;
• Proactively control solid waste, wastewater and exhaust gas;
• Build a close and solid working relationship between the business and state authorities.

2. When is an EIA required?

Under Article 31 of the Law on Environmental Protection 2020, the environmental impact assessment report is prepared at the same time as the feasibility study report or equivalent document. Accordingly, during the project preparation stage, before construction and before putting machinery and equipment into operation, the project owner must prepare an EIA.

 2.1. Who must prepare an environmental impact assessment report

Under Clause 1, Article 30 of the Law on Environmental Protection 2020, the following must conduct an environmental impact assessment:

• Group I investment projects as specified in Clause 3, Article 28 of this Law;
• Group II investment projects as specified in points c, d, dd and e, Clause 4, Article 28 of this Law. 

2.2. Dossier for a project environmental impact assessment (EIA) report

The dossier for a project environmental impact assessment (EIA) report includes the following:

• Business registration certificate;
• Land ownership certificate;
• Overall site plan drawing;
• One written request for appraisal of the environmental impact assessment report (according to Appendix 2.1, Circular 27/2015/TT-BTNMT);
• Seven copies of the project environmental impact assessment report, following the prescribed cover format, structure, content, etc. (according to Appendices 2.2 and 2.3, Circular 27/2015/TT-BTNMT);
• One EIA report for the investment project.

3. Authorities competent to receive EIA dossiers

Below are the 4 authorities competent to receive a project's environmental impact assessment (EIA) dossier:

• Ministry of Natural Resources and Environment (MONRE);
• Department of Natural Resources and Environment (DONRE);
• Industrial Zone Management Board;
• Economic Zone Management Board.

3.1. Processing time

The processing time varies depending on which authority is competent to receive the project's EIA dossier, specifically:

• Complete dossiers are appraised within 30 days (not under the authority of the Ministry of Natural Resources and Environment) or 45 days (under the authority of the Ministry of Natural Resources and Environment).
• For invalid dossiers, a written response is issued within 5 days.
• The maximum approval period is 15 days (from receipt of a complete dossier).

3.2. Appraisal fees for an environmental impact assessment report

Below is the fee schedule for "Appraisal fees for an environmental impact assessment (EIA) report" under Circular 56/2018/TT-BTC for your reference.

3.3. Process for preparing an environmental impact assessment report

As one of the most important environmental compliance documents for businesses, the environmental impact assessment report must be prepared following the process below:

• Step 1: Survey the natural, economic and social conditions related to the project;
• Step 2: Identify potential sources of pollution such as exhaust gas, wastewater, solid waste and noise. Identify the types of waste that may be generated before and after the construction and operation of the project;
• Step 3: Collect samples of the previously identified exhaust gas, waste, etc. and have them analyzed in a laboratory;
• Step 4: Assess the level of impact of the pollution sources on the environment, society and people;
• Step 5: Develop measures to minimize environmental pollution;
• Step 6: Propose solutions for wastewater and exhaust gas treatment, and for the collection and treatment of solid waste from the project's operations;
• Step 7: Consult the People's Committee and the Vietnam Fatherland Front Committee of the ward where the project is located;
• Step 8: Develop an environmental management and monitoring program;
• Step 9: Submit the EIA report to the competent authority for approval.

3.4. Penalties for failing to prepare an EIA

Under point d, Clauses 4 and 5, Article 11 of Decree 155/2016/ND-CP, the penalties for failing to prepare an EIA are as follows:

• A fine of VND 150,000,000 to VND 200,000,000 for projects under the licensing authority of the provincial People's Committee, a ministry or a ministerial-level agency (except the Ministry of Natural Resources and Environment);
• A fine of VND 200,000,000 to VND 250,000,000 for projects under the licensing authority of the Ministry of Natural Resources and Environment.

In addition to administrative fines, the project owner is also subject to additional penalties such as:

• Suspension of the facility's operation for 3 to 6 months for violations specified in point c, Clauses 2, 3, 4 and 5 of this Article (Article 11, Decree 155/2016/ND-CP);
• Suspension of the facility's operation, or of the investment project's polluting activities, for 6 to 12 months for violations specified in point d, Clauses 2, 3, 4 and 5 of this Article.

3.5. Challenges businesses face when preparing an environmental impact assessment on their own

Very few businesses have a dedicated department for environmental compliance dossiers to handle the procedures, so without the expertise, those that prepare an environmental impact assessment themselves often face the following difficulties:

• Unclear on the EIA process that applies to a project about to start operation;
• Lack of expertise, so they do not know how to provide reasonable explanations;
• Little time to liaise and work with the competent authorities;
• Getting stuck along the way, which prolongs the EIA process.

4. Sample environmental impact assessment report

Below is a sample environmental impact assessment report. If you are interested, you can view it directly or download it HERE.

Committed to sustainable development, environmental consulting firm Hop Nhat will always accompany and support clients at every stage, ensuring complete dossiers at the most reasonable cost on the market today.

Please leave your question in the form below or contact Hop Nhat via Hotline: 0938.857.768 for quick support!

Video Summary of the Environmental Impact Assessment (EIA) Report

Note: The information and topics we provide are for reference only. When applying laws and regulations on natural resources and the environment, please check and stay updated on the validity of each relevant legal provision and legal document to apply them correctly!

5. Reference material

This article uses reference material from the following sources:

• Law on Environmental Protection 2020;
• Decree 155/2016/ND-CP - On administrative penalties for violations in the field of environmental protection;
• Circular 56/2018/TT-BTC - On the rates, collection, payment, management and use of fees for appraisal of environmental impact assessment reports appraised by central agencies;
• Circular 27/2015/TT-BTNMT - On strategic environmental assessment, environmental impact assessment and environmental protection plans;
• Documents from the consulting department - Hop Nhat Environment;
• We also use some illustrative images from other sources.

Other related environmental compliance services:

• Environmental permit;
• Environmental monitoring report;