Currently, many businesses are in a situation where their projects are stalled, unable to operate production and go into operation even though they have fully met the conditions of capital, human resources, etc., but still cannot go into operation due to the lack of an Environmental Impact Assessment Report. This not only causes difficulties in production operations but also affects the investment efficiency of the business. The EIA Report is not simply an administrative procedure, but also an important tool to help businesses effectively control and manage waste sources and factors affecting the environment, ensuring sustainable development in production and business activities.

1. What is environmental impact assessment?

Environmental impact assessment (EIA) is the process of analyzing, predicting and evaluating the potential impacts of a project, plan or development activity on the natural environment, economy, society, and human health. EIA aims to identify measures to minimize negative impacts, protect the environment, and promote sustainable development.

2. Subjects required to prepare environmental impact assessment reports

According to the Law on Environmental Protection 2020 and related decrees, cases requiring EIA include:

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

3. Contents of environmental impact assessment report

• Origin of the investment project, investment project owner, competent authority approving the investment project; legal and technical basis; environmental impact assessment method and other methods used (if any);
• Conformity of the investment project with the national environmental protection plan, regional planning, provincial planning, legal provisions on environmental protection and other relevant legal provisions;
• Assess the selection of technology, construction items and activities of investment projects that are likely to have adverse impacts on the environment;
• Natural conditions, socio-economic conditions, biodiversity; assessment of current environmental status; identification of affected objects, sensitive environmental factors where the investment project is implemented; explanation of the suitability of the selected location for implementing the investment project;
• Identify, evaluate and forecast the main environmental impacts and waste generated during the stages of the investment project on the environment; scale and nature of waste; impacts on biodiversity, natural heritage, historical - cultural relics and other sensitive factors; impacts due to site clearance, migration and resettlement (if any); identify and evaluate possible environmental incidents of the investment project;
• Works, measures for collection, storage and treatment of waste;
• Measures to minimize other negative impacts of the investment project on the environment; environmental improvement and restoration plan (if any); biodiversity compensation plan (if any); environmental incident prevention and response plan;
• Environmental management and monitoring program;
• Consultation results;
• Conclusions, recommendations and commitments of the investment project owner.

4. Penalty if there is no decision approving the results of the environmental impact assessment report appraisal

Pursuant to Point c, Clause 1 and Point c, Clause 2, Article 13 of Decree 45/2022/ND-CP, the form of penalty if there is no decision approving the results of the environmental impact assessment report is as follows:

• A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for not having a decision approving the results of the environmental impact assessment report appraisal as prescribed (except for projects under the approval authority of the Ministry of Natural Resources and Environment).
• A fine of VND 200,000,000 to VND 250,000,000 shall be imposed for not having a decision approving the results of the environmental impact assessment report appraisal as prescribed.

Additional penalties prescribed in Clause 3, Article 13, Decree 45/2022/ND-CP:

• Suspend the implementation of construction activities of investment project items and facilities without a decision approving the results of environmental impact assessment report appraisal from 06 to 12 months for violations of the provisions at Point c, Clause 1 and Point c, Clause 2 of this Article.

5. Difficulties of enterprises in

• Enterprises often do not have a team of environmental experts, lack experience in impact assessment and do not have a firm grasp of the necessary technical standards.
• The system of equipment and technology for analysis and measurement is still lacking, while the investment cost for specialized equipment is very high.
• Complex legal procedures require a deep understanding of the latest regulations, due diligence processes and documentation requirements, which many businesses lack.
• The process of preparing an EIA report requires a lot of time, resources and large costs for survey and analysis, while the enterprise still has to maintain normal business operations.

With the difficulties and challenges that businesses face when conducting their own environmental impact assessment reports, choosing a professional consulting unit becomes the optimal solution. A team of experienced experts with in-depth knowledge of environmental law, along with a system of modern equipment, will help businesses save time, costs and ensure the quality of EIA reports. This not only increases the possibility of approval but also helps businesses focus on production and business activities, while demonstrating the responsibility of the business to the environment and the community. Let us accompany your business on the journey of sustainable development, for a green and prosperous future.