Notes: This is the English version of the law with more grammatical textures and a better-looking book cover translated and designed by Alph16, and some extra graphics. It's only available on Wattpad of Alph16. All other websites that reupload this version are thieves and don't have my permission. So if you care, please only read on Wattpad.

------------------------------------------------------

CHAPTER III

Strategic Environmental Assessment, Environmental Impact Assessment, and environmental Protection Undertakings

SECTION 1 

Strategic Environmental Assessment

Article 14 Objects for which strategic environmental assessment reports must be formulated 

1. Strategies, master plans, or plans for national socio-economic development. 

2. Strategies, master plans, or plans for the nationwide development of industries and sectors. 

3. Strategies, master plans, or plans for socio-economic development of provinces and cities under a central authority (hereinafter referred to as provincial-level) or of regions. 

4. Zoning for land use, forest protection, and development; and for exploitation and utilization of other natural resources on an inter-provincial or inter-industry basis. 

5. Planning for the development of key economic zones.6. General planning for inter-provincial river catchment areas. 

Article 15 Formulation of strategic environmental assessment reports 

1. The body which is assigned the duty to formulate a project stipulated in article 14 of this Law shall be responsible for formulating a strategic environmental assessment report. 

2. The strategic environmental assessment report shall be an item of the project and must be formulated at the same time as the formulation of the project. 

Article 16 Contents of strategic environmental assessment reports 

1. Overview of the objectives, scale, and characteristics of the project as it relates to the environment. 

2. General description of the natural, socio-economic, and environmental conditions relevant to the project. 

3. Forecast of any potential adverse environmental impact likely to occur upon implementation of the project. 

4. Reference to sources of figures and data and methods of assessment. 

5. Proposal on guidelines and an overall solution to resolve environmental issues during implementation of the project. 

Article 17 Appraisal of strategic environmental assessment reports 

1. Strategic environmental assessment reports shall be appraised by a council that is organized following the provisions of clause 7 of this article. 

2. The composition of an appraisal council for national and inter-provincial projects shall comprise a representative of the body approving the project; representatives of ministries, ministerial equivalent bodies, Government bodies, and the provincial people's committee related to the project; experts with professional experience and qualifications suitable to the content and nature of the project; and representatives of other organizations and individuals as decided by the body authorized to establish the appraisal council. 

3. The composition of an appraisal council for projects of a province or city under central authority shall comprise representatives of the provincial people's committee; representatives of the professional body for environmental protection and relevant departments and branches at the provincial level; experts with professional experience and qualifications suitable to the content and nature of the project; and representatives of other organizations and individuals as decided by the body authorized to establish the appraisal council. 

4. More than fifty (50) percent of the members of an appraisal council stipulated in clauses 2 and 3 of this article must have professional knowledge of the environment and other sectors related to the contents of the project. Persons directly involved in the formulation of the strategic environmental assessment report shall not be permitted to join the appraisal council.

5. Any organization or individual may send a petition or recommendation on environmental protection to the body establishing the appraisal council and to the body approving the project; such council and such body shall be responsible to consider such petitions and recommendations before making their conclusion or decision.

6. The results of the appraisal of a strategic environmental assessment report shall be one of the grounds for the approval of the project. 

7. The responsibility to organize an appraisal council for a strategic environmental assessment report shall be regulated as follows:

(a) The Ministry of Natural Resources and Environment shall establish appraisal councils for strategic environmental assessment reports in respect of projects to be approved by the National Assembly, the government, or the Prime Minister of the Government; 

(b) Ministries, ministerial equivalent bodies, or Government bodies shall establish appraisal councils for strategic environmental assessment reports in respect of projects which fall under their authority to approve; 

(c) Provincial people's committees shall establish appraisal councils for strategic environmental assessment reports in respect of projects which fall under their authority to decide and under the authority of the people's council of the same level. 

SECTION 2 

Environmental Impact Assessment 

Article 18 Objects for which environmental impact assessment reports must be prepared 

1. Owners of the following projects must prepare an environmental impact assessment report:

(a) National important projects; 

(b) Projects using part of the land of or harming a natural conservation zone, national park, historical and cultural site, natural heritage, or beauty spot which is classified; 

(c) Projects with a potentially adverse impact on a river watercourse, a coastal area, or an area containing a protected ecosystem; 

(d) Projects for construction of infrastructure of an industrial zone, high-tech zone, industrial group, export processing zone, or handicraft village group; 

(dd) Projects for construction of a new urban zone or concentrated residential area; 

(e) Projects for exploitation and utilization of groundwater or natural resources on a large scale;

(g) Other projects with a potential risk of harming the environment. 

2. The Government shall provide a list of projects for which an environmental impact assessment report must be prepared. 

Article 19 Preparation of environmental impact assessment reports 

1. Owners of the projects stipulated in article 18 of this Law shall be obliged to prepare an environmental impact assessment report and submit it to the competent State body for approval. 

2. The environmental impact assessment report must be prepared concurrently with the project feasibility study. 

3. Project owners may themselves prepare or may hire a consultancy services organization to prepare the environmental impact assessment report and shall be responsible for data and results specified in the environmental impact assessment report. 

4. Where there is any change in the scale, content, time of commencement, duration, or completion of the project, the project owner shall be responsible to provide an explanatory statement to the approving body; where necessary, a supplementary environmental impact assessment report must be prepared. 

5. Consultancy services organizations preparing environmental impact assessment reports must satisfy all of the necessary conditions on professional personnel and material and technical facilities. 

Article 20 Contents of environmental impact assessment reports 

1. List and detailed description of items of works of the project together with their scale in terms of space, time, and workload; operational technology of each item of work and the entire project. 

2. General assessment of the environmental status at the project site and in adjacent areas; the sensitivity and burden-bearing capacity of the environment.

3. Detailed assessment of the potential environmental impact when the project is implemented and of the environmental elements and socio-economic elements which will be affected by the project; a forecast of risks of environmental incidents that may be caused by the project. 

4. Specific measures to minimize adverse impact on the environment and to prevent or deal with environmental incidents. 

5. Undertaking to take environmental protection measures during construction and operation of the project. 

6. List of project works and the program for management and supervision of environmental issues during implementation of the project. 

7. Estimated budget for construction of items of works being environmental protection facilities within the total estimated budget of the project. 

8. Opinions of the people's committee of the commune, ward, or township (hereinafter referred to as the commune people's committee) and of the representatives of communities in the locality where the project is to be implemented. Opinions disagreeing with the establishment of the project in the locality or disagreeing with environmental protection measures must be included in the environmental impact assessment report. 

9. Reference to sources of figures and data and methods of assessment. 

Article 21 Appraisal of environmental impact assessment reports 

1. Environmental impact assessment reports shall be appraised by an appraisal council or by an appraisal services organization. The Ministry of Natural Resources and Environment shall provide regulations on the conditions and guidelines for appraisal of environmental impact assessment reports by appraisal services organizations. 

2. The composition of an appraisal council in respect of the projects stipulated in paragraphs(a) and (b) of clause 7 of this Article shall comprise representatives of the body approving the project; representatives of the professional body for environmental protection under the body which will approve the project; representatives of the provincial level professional body for environmental protection of the locality where the project will be implemented; experts with professional experience and qualifications suitable to the content and nature of the project; and representatives of other organizations and individuals as decided by the body authorized to establish the appraisal council. 

3. The composition of an appraisal council in respect of a project stipulated in paragraph (c) of clause 7 of this Article shall comprise representatives of the provincial people's committee; representatives of the professional body for environmental protection and relevant departments and divisions at the provincial level; experts with professional experience and qualifications suitable to the content and nature of the project; and representatives of other organizations and individuals as decided by the body authorized to establish the appraisal council. Where necessary, the provincial people's committee may invite representatives of the Ministry of natural resources and Environment and relevant ministries, ministerial equivalent bodies, and Government bodies to join the appraisal council. 

4. More than fifty (50) percent of the members of an appraisal council stipulated in clauses 2 and 3 of this article must have professional knowledge of the environment and other sectors related to the contents of the project. Persons who are directly involved in the preparation of the environmental impact assessment report shall not be permitted to join the appraisal council. 

5. Appraisal services organizations may participate in the appraisal as decided by the body approving the project and shall be responsible for their opinions and results of the appraisal. 

6. Organizations, communities, and individuals may send a petition or recommendation for environmental protection to the body organizing the appraisal as stipulated in clause 7 of this article; the body organizing the appraisal shall have the responsibility to consider such petitions and recommendations before making its conclusion or decision.

7. Responsibility to organize the appraisal of environmental impact assessment reports in respect of projects shall be regulated as follows: 

(a) The Ministry of Natural Resources and Environment shall establish appraisal councils or select services organizations for appraisal of environmental impact assessment reports in respect of projects which will be decided or approved by the National Assembly, the Government, or the Prime Minister of the Government; and for inter-industry or inter-provincial projects; 

(b) Ministries, ministerial equivalent bodies, or Government bodies shall establish appraisal councils or select services organizations for appraisal of environmental impact assessment reports in respect of projects which fall under their authority to decide or approve, excluding inter-industry or inter-provincial projects; 

(c) Provincial people's committees shall establish appraisal councils or select services organizations for appraisal of environmental impact assessment reports in respect of projects located in their respective localities and falling under their authority to decide or approve and under the authority of the people's council of the same level. 

Article 22 Approval of environmental impact assessment reports 

1. The body establishing an appraisal council for an environmental impact assessment report shall be responsible for considering and approving the environmental impact assessment report after it has conducted its appraisal. 

2. Before approval, the body approving the environmental impact assessment report shall be responsible to consider petitions and recommendations from the project owner, the community involved, and other organizations or individuals. 

3. The head of the body stipulated in clause 1 of this article must consider and decide to approve the environmental impact assessment report within fifteen (15) working days from the date of receipt of the environmental impact assessment report as modified to satisfy the requirements stipulated in the conclusion of the appraisal council or of the appraisal services organization. In the case of refusal to approve, the head of such body shall notify the project owner in writing and specify the reasons therefore. 

4. The projects stipulated in article 18 of this Law may be approved and issued with an investment license, construction permit, or operational permit only after approval of the environmental impact assessment report. 

Article 23 Responsibilities to implement contents of environmental impact assessment reports and to inspect the implementation 

1. A project owner shall have the following responsibilities: 

(a) To report the content of the decision on approval of the environmental impact assessment report to the people's committee of the locality in which the project will be implemented; 

(b) To display publicly at the location in which the project will be implemented information on types of wastes and treatment technology, parameters of standards on wastes, and environmental protection solutions so that the local community may know, inspect, and supervise same; 

(c) To implement properly and fully the items of environmental protection in the environmental impact assessment report and the requirements in the decision on approval of the environmental impact assessment report; 

(d) To notify the performance of the items in the report and the requirements in the decision on approval of the environmental impact assessment report to the body approving the environmental impact assessment report for inspection and certification;

(dd) Works may be commissioned for use only after the competent body has inspected and certified the performance of all requirements stipulated in sub-clauses (a), (b), and (c) hereof. 

2. The body approving the environmental impact assessment report shall have the following responsibilities: 

(a) To notify the items of its decision on approval of the environmental impact assessment report to the provincial people's committee in the locality in which the project will be implemented. The provincial people's committee shall notify items of the decision on approval of the environmental impact assessment report which has been approved by it or by a ministry, ministerial equivalent body, or a Government body to the people's committee of a district, town, or a provincial city (hereinafter referred to as the district people's committee) and to the commune people's committee of the place where the project will be implemented; 

(b) To direct and organize an inspection of the implementation of the items in the approved environmental impact assessment report. 

SECTION 3 

Environmental Protection Undertakings 

Article 24 Entities must make written environmental protection undertaking 

Manufacturing, business, and services establishments being family households and entities not covered by articles 14 and 18 of this Law must make a written environmental protection undertaking. 

Article 25 Contents of environmental protection undertakings 

1. Location of performance. 

2. Form and scale of manufacturing, business, or provision of services and the raw materials and fuel used. 

3. Types of waste produced. 

4. Undertaking to apply measures aimed at minimizing and treating waste and complying strictly with the provisions of the law on the protection of the environment. 

Article 26 Registration of written environmental protection undertaking 

1. District people's committees shall be responsible for organizing the registration of written environmental protection undertakings; where necessary, they may authorize a commune people's committee to organize such registration. 

2. The period for acceptance of a written environmental protection undertaking shall be five working days from the date of receipt of the valid written undertaking. 

3. The entities stipulated in article 24 of this Law shall be permitted to commence their manufacturing, business, or provision of services only after registration of their written environmental protection undertaking. 

Article 27 Responsibilities to implement environmental protection undertakings and to supervise the implementation 

1. Any organization or individual making an environmental protection undertaking shall be responsible to implement properly and fully its written environmental protection undertaking. 

2. District or commune people's committees shall direct, examine and inspect the implementation of the items stated in a written environmental protection undertaking.