On May 21,
2021, the Government issued Decree No. 54/2021/ND-CP stipulating preliminary
environmental impact assessment (effective from the date of signing). Accordingly,
in Clause 1, Article 3 of Decree No. 54/2021/ND-CP dated May 21, 2021 of the
Government stipulating: “1. Subjects subject to preliminary environmental
impact assessment include investment projects subject to the preparation of
environmental impact assessment reports specified in Appendix II, Section I,
Appendix issued together with Decree No. 40. /2019/ND-CP dated May 13, 2019 of
the Government…”. At the same time, in Article 4 of Decree No.
54/2021/ND-CP dated May 21, 2021 of the Government stipulating: “1.
Agencies, organizations and individuals that propose investment projects that
fall under the subjects specified in Clause 1, Article 3 of this Decree shall
carry out preliminary environmental impact assessment during the preparation of
pre-feasibility study reports. report on investment policy proposal,
application for approval of investment policy, application for an investment
registration certificate; 2. The content of the preliminary environmental
impact assessment shall be considered by the competent authority at the same
time as the appraisal of the application for decision or approval of the
investment policy of the project, and the issuance of the Investment
Registration Certificate. investment in accordance with the law on public
investment, investment in the form of public-private partnership, investment
present, the Ministry of Natural Resources and Environment does not have
guidance on the structure and order of procedures for receiving and processing
preliminary environmental impact assessment (PEIA) reports.
Clause 3, Article 36 of Decree 31/2021/ND-CP dated by the Government detailing
and guiding the implementation of a number of articles of the Investment Law
stipulates as follows: “3. The investment registration authority shall issue
the Investment Registration Certificate to the investor within 15 days from the
date of receipt of a valid dossier when the project meets the conditions…”.
With the time specified above, how will the review of the contents of the PEIA
report attached to the investment dossier be done, what are the differences
compared to the appraisal of the environmental impact assessment report on the
project? : content; the order of execution;…; The results of the review of how
this report was done. If there is a need for coordination of agencies, units or
experts on the environment, related to the project, the consideration of
attracting the project will be tighter; however, it will not be possible to
guarantee the issuance of the Investment Registration Certificate within 15
days from the date of receipt of a complete and valid dossier.
in order to consider and identify environmentally sensitive factors of the area
where the investment project is implemented, and analyze and evaluate the
selection of options in terms of scale, production technology, quality
treatment technology, etc. waste, location of investment projects and measures
to reduce environmental impacts, etc. Whether it is suitable or not requires
professional opinion, even organizing a scientific council to identify and
June 4, 2021, Dong Nai Industrial Zones Authority issued Document No.
1842/KCNDN-MT proposing the Ministry of Natural Resources and Environment to
guide the contents related to the structure of the assessment report.
Preliminary assessment of environmental impacts, order and procedures for
receiving and processing dossiers, and funding for reviewing PEIA reports as a
basis for receiving and processing investment and environmental procedures in
accordance with the provisions of the law and ensure the prescribed time.
receiving guidance from the Ministry of Natural Resources and Environment on
the above-mentioned problems, Dong Nai Industrial Zones Authority will inform
businesses to know and coordinate in implementing the law.