​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 and construction”.

However, at 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.

Meanwhile, 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 addition, 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 evaluate .

Therefore, on 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.

After 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.​