Environmental impact assessment (EIA) in thelegal and regulatory framework for nuclear
energy-related activities in Viet Nam
Ms. CAO Hong Lan
Vietnam Atomic Energy Institute(VINATOM)Tokyo, 07 March 2019

Contents
1. Current status
2. Laws currently governing EIA
3. Challenges
4. Solutions

CURRENT STATUS (1)• Nuclear fuel cycle activities is currently
engaged in:– Medium/low-level waste storage;– Nuclear research reactor operation;• Planning to engage in:– Decommissioning

CURRENT STATUS (2)• International instrument adhesion:– VN has not yet participated in the Convention onEnvironmental Impact Assessment in a
Transboundary Context (1991) (EspooConvention)– VN is a party to a number of bilateral or
multilateral agreement(s) concerning
environmental protection:

CURRENT STATUS (3)LIST OF ENVIRONMENTAL CONVENTIONS AND AGREES RATIFIED BY VIETNAM (1) (source:Vietnam Environment Administration)
DATE OFNAME OF CONVENTIONSRATIFICATION
Declaration of the United Nations Conference on the Human Environment,
1972
Convention Concerning the Protection of the World Cultural and NaturalOctober 19th, 1987
Heritage, 1972
Convention on Early Notification of a Nuclear Accident (IAEA), 1985

October 30th, 1987

Convention on Wetlands of International Importance Especially as
November 20th, 1989
Waterfowl Habitat (RAMSAR), 1971
Convention on Assistance in the Case of a Nuclear Accident orNovember 29, 1989

CURRENT STATUS (4)LIST OF ENVIRONMENTAL CONVENTIONS AND AGREES RATIFIED BY VIETNAM (2) (source:Vietnam Environment Administration)
NAME OF CONVENTIONSDATE OF RATIFICATION

Convention on International Trade in Endangered Species of Wild
January 20th, 1994
Fauna and Flora (CITES), 1973

Vienna Convention for the Protection of the Zone Layer, 1985
April 26th, 1994
- The Montreal Protocol on Substances that Deplete the OzoneLayer, 1987
Rio Declaration on Environment and Development , 1992
United Nations Convention to Combat Desertification (UNCCD), 1992
United Nations Framework Convention on Climate
November 16th, 1994
Change(UNFCCC), 1992

CURRENT STATUS (5)LIST OF ENVIRONMENTAL CONVENTIONS AND AGREES RATIFIED BY VIETNAM (3) (source:Vietnam Environment Administration)
DATE OFNAME OF CONVENTIONSRATIFICATION
Kyoto Protocol to the United Nations Framework Convention on Climate Change, 1992

February 16th, 2005

Convention on Biological Diversity (CBD), 1992
November 16th, 1994
- Cartagena Protocol on Biosafety to the convention on biological diversity
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their
March 13rd, 1995
Disposal (BASEL), 1989
September 22nd,International Declaration on Cleaner Production
1999
Stockholm Convention on Persistent Organic Pollutants (POP), 2001

August 10th, 2006

LAWS CURRENTLY GOVERNINGEIA (1)• Law on Environmental Protection 2014:• Decree No.18/2015/NĐ-CP• Circular 27/2015/TT-BTNMT regulations andguidelines on strategic environmental assessment,
environmental impact assessment andenvironmental protection plan

• Law on atomic energy 2008
• Law on Investment• Law on Public Investment

LAWS CURRENTLY GOVERNINGEIA (2)• Law on Environmental Protection, 2014 No. 55/2014/QH13 andunder law documents apply to nuclear energy-related activities (allof activities specified in Atomic Energy Law)
– Uranium mining– Uranium milling– Uranium conversion and enrichment: not allow– Fuel fabrication– Nuclear power reactor operation– Research reactor operation– Nuclear fuel reprocessing– Uranium and plutonium recycling– High-, medium- or low-level waste storage– Used fuel final storage– Decommissioning

LAWS CURRENTLY GOVERNINGEIA (3)• Environmental law that mandates the performance of anenvironmental impact assessment (EIA) prior to undertaking certain
activities:– require carrying out strategic environmental impact assessment prior
to making decisions on: Policy decisions , Plans– require carrying out environmental impact assessment prior to project
implementation• EIA is needed to analyse only national impacts:• EIA is required to notify and/or consult with Other nationalauthorities• EIA include the requirement to provide an opportunity formembers of the public to participate in the EIA process: Law on
Environmental Protection Article 21: Public consultation to berequired in the process of the environmental impact assessment

LAWS CURRENTLY GOVERNINGEIA (4)• Legal framework require carrying out an EIAprior to making a decision on:– Site permit/licence– Construction permit/licence– Operation permit/licence– Licence amendment– Licence renewal– Licence extension– Decommissioning

CHALLENGES• Some different provision on EIA matter insome related laws
• Verification decentralization for EIA report:– MONRE– Local government• Guidance for forming and verification of EIA
report for special project is not available

SOLUTIONS• Revise the Environmental Protection Law(planned 2019)• The latest law is the most effective• Form the Guidance on the content of EIA
report for a research reactor project andverification processThank you foryour attention !