Vietnam

Legislation at strategic level

EIA is required in Vietnam since 1993, when the National Law on Environmental Protection (LEP) was issued. Procedural requirements followed by a Decree adopted in 1994. Since the revision of the LEP in 2005, also comprehensive SEA requirements exist.

The central EIA and SEA authority in Vietnam is the Ministry of Natural Resources and Environment (MONRE).

Overview SEA procedure

Click on a process step to learn more

Establishing context


Screening process
There is no specific guidance detailing screening. However, a list of plans and strategies that should undergo SEA is provided in LEP, 2005.

Law No: 52-2005-QH11 on Protection of Environment, 2005 (Article 14)


Timeline Screening

Not specified.


Identification of stakeholders

A guideline for identification of stakeholders is provided. The proponent is required to set up working groups that consist of experts on environment with relevant qualifications. The working group is required to identify other relevant stakeholders including public representatives to obtain their comments.

Setting SEA objectives
There is no specific guidance for setting objectives.

SEA implementation


Scoping process
The plan owner set up working groups which includes environmental specialists and relevant scientists.

Scoping methods:
There are no prescribed scoping methods. However, a general technical guidance for SEA suggest the use of trends analysis in addition to other participatory approaches like checklists, expert judgement, SWOT, matrices, networks and flow diagrams, spatial analyses: overall maps and GIS, Delphi technique, modelling and multi-criteria analysis.

Outcome of scoping:
There is no elaborate procedure for scoping, but it is stated that project scope should include spatial and temporal aspects such as geographical configurations, project length etc and operational aspects.

Dusik, J. and Le Hoai Nam (2009) Status of SEA in Vietnam (unpublished).


Participation in scoping

Experts with relevant qualifications for the particular SEA are involved mainly for advisory purposes. Authorized leaders are sometime invited in this step.

SEA Baseline Sida (2013)


Baseline data

Methods for data baselines collection:

  • Take sampling if data is not available;
  • Secondary data collection from related stakeholders (e.g Provincial DONRE).
SEA Baselines Sida (2013)


Alternatives

There are no specific requirements for alternatives to be considered.


Assessment/mitigation of effects

Prescribed methods for assessing impacts include assessment in terms of causes (e.g. those related to or not related to waste, possible risks) and the objects of the impact. Each impact is assessed at very detailed extend in terms of degree, scope and time.

Circular No. 08/2006/TT-BTMT On guidance for Strategic Environemntal Assessment Environmental Impact Assessment and Environmental Protection (Appendix 1 Chapter 3.2)


Content of SEA report

  • General introduction (activity profile, legal and technical basis for the SEA, organization and implementation of SEA;
  • Overview of objectives, scope and nature of environmental related activities;
  • General description of natural, economic, social and environmental conditions relating to projects (natural and environmental condition, economic and social conditions;
  • Estimation of possible negative impacts to the environment during activity implementation (causes of impacts, objects and scope of impacts, changing trend of natural, environmental, economic and social condition, assessment on the consistency between the activity viewpoints and targets and those of the environmental protection;
  • Bibliography of data sources and assessment methods;
  • General direction and measures to solve environmental problems during proposed activity implementation;
  • Conclusion and recommendation on impacts, the appropriation of viewpoints and targets and on activity approval.

The contents of SEA report are specified in Appendix 1.3, Circular 26.

Review process
Though the mechanisms are not specified, Strategic, Plans and Programs (SPPs) to be approved by National Assembly, Central Government and the Prime Minister are reviewed by MoNRE. SPPs to be approved by line Ministries are reviewed by Ministries. SPPs to be approved by provinces’ government are reviewed by provinces’ government.

SEA Baseline Sida (2013)

Timeline review

45 days.

Government’s Decree No. 80/2006/ND-CP of 9 August 2006 detailing and guiding the implementation of a number of articles of the Law on Environmental Protection

Informing decision-making


SEA and planning decision-making
After review the SEA report, the SEA review agency (MONRE, for example) will send an official statement of results to agency who has authorize for approval of programs, plans and strategies (the Prime Minister, for example), including recommendations for consideration and decision on the approval of the program, plan or strategy.

SEA Baseline Sida (2013)


Justification of decision

The results of the SEA is considered as a ground for approval of a specific plan/program.

Law No: 52-2005-QH11 on Protection of Environment, 2005 (Article 17-6)

Follow-up


Monitoring and evaluation
Monitoring is a requirement. The proponent is required, as part of the SEA report to give an environmental monitoring and management program whose contents include:

  • Location, organizations, and methods of implementation;
  • Coordination modes among agencies during implementation;
  • Reporting regime to give direction for EIA during project preparation phase, give an indication of technical and organisational measures to solve environmental problems should they occur and to develop a program on environmental monitoring and implementation.
Government’s Decree No. 80/2006/ND-CP of 9 August 2006 detailing and guiding the implementation of a number of articles of the Law on Environmental Protection.

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