Decree 18/2015/ND-CP on Environmental Protection Issues

On February 14^th 2015, the Government issued Decree 18/2015/ND-CP provides regulations on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan.

In particular, notably the new rules on environmental protection plan registration. Specifically, instead of setting up and registration of the environmental protection commitment as before, from April 1^st 2015, the new investment projects, investment projects to expand the scale and increase the capacity of production facilities, investment and production plans that are not subject to environmental impact assessment will have to register their plans for environmental protection at the competent authority in accordance with law.

In case the project is located in 2 or more provinces, the registration of environmental protection plan should be made in one of the provincial People’s Committee at the request of the project owner.

Particularly for the catering service with the area under 200m2; commercial service, itinerant trading without fixed place; repair, maintenance services for household products; photocopy services, internet access services; animal farming with stables scale smaller than 50m2, seafood farming on a scale of smaller than 5,000m2 area of water; building office, guesthouse, hotel, tourist accommodation with scale smaller than 500m2 floor… are not subject to environmental protection plan registration.

One other notable content is the change in the object to perform environmental impact assessment. Accordingly, from April 1^st 2015, only projects to build resort, sport and entertainment complex, golf course with the area from 10 hectares or more will have to implement environmental impact assessment instead of the regulation of 5 hectares or more as before; Similarly, projects to build supermarket, commercial center with floor area under 10,000m2 will not have to perform environmental impact assessment. Also from this date, the projects to build medical clinics and other health care facilities with scale of less than 50 beds will not have to perform environmental impact assessment as before…

This Decree takes effect from April 1^st 2015.