VIETNAMIMPROVED LEGAL FRAMEWORK

FOR SEA, EIA and FUTURE ACTIVITIES

Dr Mai Thanh Dzung General DirectorDr. Mai Thanh Dzung – General DirectorMr. Pham Anh Dzung

Department of Environmental Impact Assessment and p pAppraisal

The views in this presentation are the views of the author and do not necessarily reflect the views or policies of the AsianThe views in this presentation are the views of the author and do not necessarily reflect the views or policies of the AsianDevelopment Bank (ADB), or its Board of Governors, or the government they represent. ADB does not guarantee theaccuracy of the data included in this presentation and accepts no responsibility for any consequence of their use.Terminology used may not necessarily be consistent with ADB official terms.

Content History of recent harmonization initiatives, and ADB’s

role Legal and institutional framework for environmental

assessment and recent developments Achievements to date good practices and challenges Achievements to date, good practices, and challenges

encountered Recent initiatives in improving country systems (TA p g y y (

7566: Capacity Development for the Implementation of the New Environment Decree)F t t t i t i iti ti Future country system improvement initiatives

Hi t f R t H i tiHistory of Recent Harmonization Initiatives and ADB’s Role

Vietnam Harmonization to Improve Aid Effectiveness (2002 -2004)( )

Viet Nam Pilot Study on Environmental Impact Assessment (2002 -2003)

Paris Declaration and the Hanoi Core Statement (2005)

ADB Assistance under TA 6285- REG: Strengthening Country Safeguard Systems (2005 2010)(2005 – 2010)

ADB Assistance under TA 7566 REG Strengthening and Use of Country SafeguardStrengthening and Use of Country Safeguard Systems (2010 - 2012)

L l d i tit ti l f kLegal and institutional framework for environmental assessment

Legal and institutional framework for environmental assessment

Law on Environmental Protection 1993, EIA requirements were includedEIA requirements were included

Decree No 175/CP providing guidelines on EIA as iss edEIA was issued

Circular 490/TT-BKHCN&MT Law on En. Protection 2005 (revised LEP

1993)

Legal and institutional framework on environmental assessment

Law on Environmental Protection 2005. EIA and SEA requirements were included. q

Decree No 80/2006/NĐ-CP providing guidelines on EIA was issued on August 9th 2006.g

Circular 08/TT-BTNMT dated on Sep. 8th 2006. Decree No 21/2008/NĐ-CP providing guidelines p g g

on EIA was issued on February 28th 2008. Circular 05/TT-BTNMT dated on Dec. 8th 2008.

Legal and institutional framework on environmental assessment

SEA (Strategy En. Assessment) for Strategies Planning and PlansStrategies, Planning and Plans

EIA and Environmental Protection Commitment (EPC) for projectsCommitment (EPC) for projects

Relationships between SEA EIA EPCRelationships between SEA, EIA, EPC

Strategy SEAStrategy

PlanningSEA

PlanSEA

EIA, EPCProject

Achievements to date, good , gpractices, and challenges

encounteredencountered

I l t ti f th H i C St t tImplementation of the Hanoi Core Statement

Seven thematic groups (TG) have been established to facilitate the implementation of the HCS in key areas including EIA and Social Impact Assessment

EIA TG T h i l W ki G EIA/SEA EIA TG - Technical Working Group on EIA/SEA

Environmental SafeguardsADB G t f Vi tADB Government of Vietnam

Safeguards Policy updated in 2009

Law 20052009 ADB equivalence assessment

for draft Decree in 2010

Decree 2011

Circular 2012

Support for circular development, capacity building

MONRE to develop technical guidelines

Gaps identified and filled

1. Screening2 Overall timing of EIA2. Overall timing of EIA 3. Scoping and ToR4 Public consultation

Improvement

Opportunity for 4. Public consultation5. Language6 Di l f i f ti

improvements

No improvement

6. Disclosure of information7. EMP8 P EIA8. Post-EIA

Achieving Equivalence

Vietnam’s existing legal framework “fully equivalent” to 31 of 50 elements of ADB’s environmental safeguards, or 62%

Partial equivalence for 26%q No equivalence for 12% Does not include Circular Does not include Circular Potential to achieve full equivalence

Recent initiatives in improving country systems ADB TA 7566: Capacity Development for the p y p

Implementation of Circulars to Support the New Environment Decree

Outcome Safeguard Policy Statement (2009).

Alignment of Vietnam EIA Circular withAlignment of Vietnam EIA Circular with international best practices including the principles of the ADB Safeguard Policyprinciples of the ADB Safeguard Policy Statement (2009).

Outputs Recommendations on the General Implementing Circular

on Strategic Environmental Assessment, Environmental Impact Assessment, and Environmental Protection Commitments;

Assessment of Institutional Capacity Needs for Assessment of Institutional Capacity Needs for implementing the general circular of the revised Decree;

CSS Action Plan for strengthening implementation of new assessment procedures and general circular.

L i l ti I tLegislation Improvement

In order to harmonize with donors, GoVN needed to revise Decree 21 and Circular 05.

Decree 29/2011/NĐ-CP dated April, 18th, 2011 (replaced Decree 21), budget was supported by WB.

Ci l 26/2012/TT d t d J l 18 18th 2011 ( l d Circular 26/2012/TT dated July, 18 18th 2011 (replaced Circular 05), budget is supported by ADB.

Improvements for SEA Activities that require SEA are clearly definedq y A detailed list of PPPs that require SEA. SEA is encouraged for PPPs not prescribed in the

portfolio of Decree 29. Timeline and requirements of SEA results SEA h ll b i l t d i ll l ith th SEA shall be implemented in parallel with the

preparation of the PPP. SEA results shall be integrated in the text of the PPP.g

SEA report appraisal time The time allowed for appraisal of detailed SEA

reports is 45 working days SEA by PPC is 30 daysreports is 45 working days, SEA by PPC is 30 days.

I t f EIA d EPC Clear definition of activities required to undertake

EIA and EPC preparation

Improvements for EIA and EPC

EIA and EPC preparation EIA re-preparation (without additional EIA) Time to prepare, submit and approve EIA

* EIA is prepared at the same time as the Feasibility Study

C lt ti d i EIA ti D i th Consultation during EIA preparation: During the course of EIA preparation, the Project Owner is requiredto consult:* People’s Committees of the Commune, Ward and Town of project site.* Representatives of the communities and organizations* Representatives of the communities and organizations directly affected by the Project.

Time for EIA appraisal and approval

Improvements for EIA and EPC

pp pp For MONRE, the maximum time for appraisal is 45

days (complicated environmental impact: 60 days); For other authorities: is 30 days (complicated – 45). The maximum time for EIA approval is 15 days pp y

from the date of eligible document receipt. The time for EIA appraisal and approval does not

include the time the project owner needs to complete the EIA.

I t f EIA d EPC

Information disclosure

Improvements for EIA and EPC

Information disclosure The project owner is required to post the EMP at the

office of the People’s Committee at commune level pwhere the public consultation is conducted.

EMP is prepared on the basis of the proposed EMP t i d i th EIAcontained in the EIA.

Investigation and verification of having done the work and measures to protect the environment of the project before the p p jproject goes into official operation (post-appraisal).

Lessons learned from ADB &WB projects Implementing EMP will help agencies and project owners to p g p g p j

control environmental impacts—in particular, special mining projects, hydro power projects, chemical projects…

Inconsistent information and database, special biodiversity, load capacity of the environment…

Capacity building is important for decision makers (People’s Committees of the Commune who will responsibility public consultation).

SIA needs to required by Law (LEP ?) SIA needs to required by Law (LEP ?)

Future country systemFuture country system improvement initiatives

Evaluation of EIA Status and Perspectives in VN

EIA, SEA human resources increased in number but lack experience. Professional skills should be d l ddeveloped.

Database and information system for EIA is in progress and needs to be upgradedprogress and needs to be upgraded.

EIA, SEA governmental authorities (MONRE and DONREs at 63 provinces) need to be p )strengthened and inter-sectoral coordination improved.

Evaluation of EIA Status and Perspectives in VN

The agencies responsible for EIA are developing but still lack The agencies responsible for EIA are developing, but still lackexperience and equipment. Capacity building and equipmentimprovement is recommended.

Community participation in EIA procedures did not exist untilrelatively recently. It is required by the LEP 2005, but needsto be specified and should be carried out in the first stages ofproject development.

Post-EIA, which is still weak in practice, is required by the EP2005. Monitoring and cooperation between central and localagencies should be improved.agencies should be improved.

MONRE to develop and issue guidelines on

Future country system improvement initiatives

- MONRE to develop and issue guidelines on specialized EIA preparation techniques.

- MONRE will continue to implement EIA and SEA i b ildi f h li i i i d l lcapacity building for the line ministries and local

governments.- Disseminate to ministries, industries andDisseminate to ministries, industries and

provinces/cities Decree 29 and Circular 26 (activities to strengthen capacity for ministries, industries and provinces/cities)provinces/cities).

- MONRE is considering amendment of the LEP 2005, and is expecting to submit to the Government in 2013. Th i f d t ill b t b dThe main purpose of amendment will be to broaden harmonization with donor requirements.

Thank you for your attention!Thank you for your attention!