Provisions on Environmental Work in Seaport Waters

Decree 159/2018/ND-CP was promulgated by the Government of Vietnam on November 28, 2018, to specify regulations on environmental work in seaport waters and inland waterway areas

Accordingly, Decree 149 stipulates that basic dredging projects in maritime port waters and inland water areas must undergo environmental impact assessments as prescribed by environmental protection laws.

For the dredging maintenance projects with a regular annual volume, the environmental impact assessment or environmental protection plan shall be conducted on an annual basis or in cycles of up to 5 years. The preparation, appraisal, and approval of the environmental impact assessment report or environmental protection plan shall be based on the following basic information:

- The scale and volume of dredging in previous years or initial survey data serve as the basis for projecting the volume in subsequent years, included in Chapter I of the environmental impact assessment report or environmental protection plan of the project;- The cost of preparing and appraising the environmental impact assessment report or environmental protection plan shall be determined based on the total investment of the project in the first year of the cycle and settled into the budget allocated for the first year of the cycle.

Additionally, Decree 159 stipulates the determination of the disposal site for dredged materials on land for dredging activities in maritime port waters and inland water areas as follows:

- The investor or project sponsor sends a written request to the Provincial People's Committee (PPC) to arrange and approve the disposal site for dredged materials for the project.

Within 15 working days, the PPC must issue a written response about the arrangement of a suitable disposal site for the project; if not approved, a written response with clear reasons must be provided.

- In case the PPC has not announced or cannot arrange a disposal site for dredged materials, the investors or project sponsors will proactively find a disposal site and report to the PPC for approval as a basis for implementation.

Within 15 working days, the PPC must issue a written response about the arrangement of a suitable disposal site for the project; if not approved, a written response with clear reasons must be provided.

See details Decree 159/2018/ND-CP effective from January 11, 2019.

-Thao Uyen-

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