Annex 3: Comparison of EIA requirements of World Bank and Vietnam WB EA requirements Vietnamese EIA requirements Comments /Applicability of Vietnamese requirements (OP4.01, 4.11, and 4.04) to RB NUUP-NM Guiding principles (LEP) OP4.01 statements The Law on Environmental Protection OP 4.01 and the Environmental Law statements agree on Bank requires EA of Article 1: This Law provides regulations on environmental sustainable development and environmental protection “The projects proposed for Bank protection activities, on policies, measures and resources principles. financing to help ensure for environmental protection; rights and responsibilities of that they are entities regarding environmental protection. It is an obligation for the RB NUUP-NM to comply with environmentally sound and Article 3: Environmental protection activities refers to the the Environmental Law of Vietnam follows sustainable, and thus to activities that keep the environment clean and beautiful, sustainable development principles. improve decision making” that prevent and reduce negative environmental impacts, that respond to environmental hazards that rehabilitate the environment from pollution / degradation, and environmental improvement, biodiversity protection etc… Article 4. protection should be combined “Environmental with development to ensure sustainable development; environmental protection for the country should adhere to regional and global environmental protection”. OP4.01 and Decree 29/2011 are in agreement that all sub-projects are required to prepare EA based on the OP4.01 statements Decree 29/2011/ND-CP LEP - level of impacts and risks. is a process whose Article 12: that EA is required for are listed in Among the 94 proposed sub-projects, 12 sub-projects are “EA “Projects breadth, depth, and type of Annex II of this Decree”; subjected to EA: (a) Dredging of 3 retention lakes with analysis depend on the Projects with Characteristics, scale, capacity areas > 1 ha; (b) Lining of 5 river embankments with L>1 “Investment nature, scale, and potential not listed or below the threshold specified in Annex II of km, and lining of one drainage channel with L>5 km; and environmental impact of this Decree” are required to prepare EPC (Article 29). (c) Construction of 3 new bridges with L> 200 m the proposed project” excluding the access road. The remaining 82 sub-projects are subjected to EPC preparation.
Annex 3: Comparison of EIA requirements of World Bank and Vietnam WB EA requirements (OP4.01, 4.11, and 4.04) Vietnamese EIA requirements Comments /Applicability of Vietnamese requirements to RB NUUP-NM Guiding principles OP4.01 statements “The Bank requires EA of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus to improve decision making” The Law on Environmental Protection (LEP) Article 1: This Law provides regulations on environmental protection activities, on policies, measures and resources for environmental protection; rights and responsibilities of entities regarding environmental protection. Article 3: Environmental protection activities refers to the activities that keep the environment clean and beautiful, that prevent and reduce negative environmental impacts, that respond to environmental hazards that rehabilitate the environment from pollution / degradation, and environmental improvement, biodiversity protection etc… Article 4. “Environmental protection should be combined with development to ensure sustainable development; environmental protection for the country should adhere to regional and global environmental protection”. OP 4.01 and the Environmental Law statements agree on sustainable development and environmental protection principles. It is an obligation for the RB NUUP-NM to comply with the Environmental Law of Vietnam follows sustainable development principles. OP4.01 statements “EA is a process whose breadth, depth, and type of analysis depend on the nature, scale, and potential environmental impact of the proposed project” LEP - Decree 29/2011/ND-CP Article 12: “Projects that EA is required for are listed in Annex II of this Decree”; “Investment Projects with Characteristics, scale, capacity not listed or below the threshold specified in Annex II of this Decree” are required to prepare EPC (Article 29). OP4.01 and Decree 29/2011 are in agreement that all sub-projects are required to prepare EA based on the level of impacts and risks. Among the 94 proposed sub-projects, 12 sub-projects are subjected to EA: (a) Dredging of 3 retention lakes with areas > 1 ha; (b) Lining of 5 river embankments with L>1 km, and lining of one drainage channel with L>5 km; and (c) Construction of 3 new bridges with L> 200 m excluding the access road. The remaining 82 sub-projects are subjected to EPC preparation.
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