VIETNAM IMPROVED LEGAL FRAMEWORK FOR SEA, EIA and FUTURE ACTIVITIES

Dr. Dr Mai Thanh Dzung General Director Mr. Pham Anh Dzung Department of Environmental Impact Assessment and p p Appraisal
The views in this presentation are the views of the author and do not necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Governors, or the government they represent. ADB does not guarantee the accuracy 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 ADBs role Legal and institutional framework for environmental assessment and recent developments Achievements to date good practices, and challenges date, practices encountered Recent initiatives in improving country systems ( p g y y (TA 7566: Capacity Development for the Implementation of the New Environment Decree) Future country system improvement initiatives F t t t i t i iti ti

History of Recent H Hi t fR t Harmonization i ti Initiatives and ADBs 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) ADB Assistance under TA 7566 REG Strengthening and Use of Country Safeguard Systems (2010 - 2012)

Legal d i tit ti L l and institutional framework lf k for environmental assessment

Legal and institutional framework for environmental assessment

Law on Environmental Protection 1993, EIA requirements were included Decree No 175/CP providing guidelines on EIA was issued as iss ed 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/N-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/N-CP providing g p g guidelines 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, Strategies Planning and Plans EIA and Environmental Protection Commitment (EPC) for projects

Relationships between SEA, EIA, EPC SEA EIA

Strategy SEA

Planning

SEA

Plan

SEA

Project

EIA, EPC

Achievements to date, g , good practices, and challenges encountered

Implementation of the H I l t ti f th Hanoi Core Statement iC St t t

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 Working Group on EIA/SEA Technical W ki G

Environmental Safeguards
ADB Safeguards Policy updated in 2009 ADB equivalence assessment for draft Decree in 2010 Support for circular development, capacity building

Government of Vietnam G t f Vi t

Law 2005 Decree 2011 Circular 2012 MONRE to develop technical guidelines

Gaps identified and filled

1. 2. 2 3. 4. 4 5. 6. 6 7. 8. 8 Screening Overall timing of EIA Scoping and ToR Public consultation Language Disclosure of information Di l fi f ti EMP Post-EIA P EIA

Improvement Opportunity for improvements No improvement

Achieving Equivalence

Vietnams existing legal framework fully equivalent to 31 of 50 elements of ADBs environmental safeguards, or 62% Partial equivalence for 26% q No equivalence for 12% 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 with international best practices including the principles 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 implementing the general circular of the revised Decree; CSS Action Plan for strengthening implementation of new assessment procedures and general circular.

Legislation I L i l ti Improvement t

In order to harmonize with donors, GoVN needed to revise Decree 21 and Circular 05. Decree 29/2011/N-CP dated April, 18th, 2011 (replaced Decree 21), budget was supported by WB. Circular Ci l 26/2012/TT dated July, 18 18th 2011 (replaced d t dJ l ( l d Circular 05), budget is supported by ADB.

Improvements for SEA

Activities that require SEA are clearly defined q 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 shall be implemented i parallel with th h ll b i l t d in ll l ith 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 days days, days.

Improvements f EIA and EPC I t for d

Clear definition of activities required to undertake 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 Consultation during EIA preparation: D i th C lt ti d i ti During the course of EIA preparation, the Project Owner is required to consult: * Peoples Committees of the Commune, Ward and Town of project site. * Representatives of the communities and organizations directly affected by the Project.

Improvements for EIA and EPC

Time for EIA appraisal and approval 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.

Improvements f EIA and EPC I t for d

Information disclosure The project owner is required to post the EMP at the office of the Peoples Committee at commune level p where the public consultation is conducted. EMP is prepared on the basis of the proposed EMP contained in the EIA. t i d i th EIA Investigation and verification of having done the work and measures to protect the environment of the p j before the p project project 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 impactsin 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 (Peoples Committees of the Commune who will responsibility public consultation). SIA needs to required by Law (LEP ?)

Future 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 developed. d l d Database and information system for EIA is in progress and needs to be upgraded. 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 developing, experience and equipment. Capacity building and equipment improvement is recommended. Community participation in EIA procedures did not exist until relatively recently. It is required by the LEP 2005, but needs to be specified and should be carried out in the first stages of project development. Post-EIA, which is still weak in practice, is required by the EP 2005. Monitoring and cooperation between central and local agencies should be improved.

Future country system improvement initiatives MONRE to develop and issue guidelines on specialized EIA preparation techniques. - MONRE will continue to implement EIA and SEA capacity building for the line ministries and local i b ildi f h li i i i dl l governments. - Disseminate 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. The i Th main purpose of amendment will be to broaden f d t ill b t b d harmonization with donor requirements.
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Thank you for your attention!