Legal framework for environmental impact assessment in Vietnam: the challenges between the regulations and practice

¹ The People’s Court Bac Ninh, 46 Nguyen Gia Thieu Street, Suoi Hoa Ward, Bac Ninh City, Bac Ninh Province, 10000. Vietnam
² Graduate Academy of Social Science, 477 Nguyen Trai Street, Hanoi, 10000, Vietnam
³ Academy of the Federal penitentiary service of Russia, 1 Sennaya str., Ryazan, 390000, Russia

^* Corresponding author: khanhlaw75@yahoo.com

Abstract

After 30 years of economic reforms since the launch of Đổi Mới in 1986, Vietnam has recorded significant and historic achievements. From a poor, war-ravaged, centrally planned economy, which was closed off from much of the outside world, Vietnam has become a middle-income country with a dynamic market economy that is deeply integrated into the global economy. But growth has to a large extent come at the cost of the environment. Vietnam’s greenhouse gas emissions have grown the fastest in the region, while the environmental quality of its air, land, and water has deteriorated considerably. Water and air pollution have reached serious levels, especially near Hanoi and Ho Chi Minh City, posing major health risks. As the most important environmental management tool, Environmental Impact Assessment (EIA) is recognized by Vietnamese Government and international organizations in the management of the impacts of future development on the country’s natural resource base. EIA is the important Chapter of Law on environmental protection 2014 of Vietnam (which was passed by the 13 National Assembly at the 7th session on June 23, 2014). This article argue that while significant improvements have been achieved in the EIA legal framework, the challenges remains between the EIA regulations and practice. This article contend that the current EIA legal framework is poor and facing with challenges and that future developments of the EIA regulations in Vietnam should focus not only on legislative documents but also on improving capacity of EIA practitioners with strictly sanctions.