Pursuant to the provisions of law at the time of making the feasibility study report and approving the project, specifically:

According to Clause 3, Article 29 of the Law on Environmental Protection No. 55/2014/QH13 on subjects required to prepare an environmental protection plan, Appendix II of Decree No. 40/2019/ND-CP on the list of projects requiring environmental impact assessment reports or projects and plans for production, business and services that must be registered with an environmental protection plan; then this project is subject to environmental protection plan formulation before project implementation according to Article 31 of Law on Environmental Protection No. 55/2014/QH13.

However, because the project has been approved for a long time but has not yet implemented the next steps, according to the new regulations in Article 30, Section 3, Chapter IV of the Law on Environmental Protection No. 72/2020/QH14 on subjects that must carry out environmental impact assessment; Appendix III of Decree No. 08/2022/ND-CP dated January 10, 2022 on the list of Group I investment projects with high risk of adverse impacts on the environment specified in Clause 3, Article 28 of the Law Environmental protection No. 72/2020/QH14; then this project is subject to environmental impact assessment to be eligible to change the purpose of using rice land larger than 10 hectares according to Article 58 of the Land Law No. 45/2013/QH13 on conditions for land allocation and lease land, allowing the change of land use purpose to implement investment projects.

Mr. Thanh asked, the project is being carried out at the stage of feasibility study report (with the approval of the investment decision level), the adjustment of the cost structure includes the name and value of the total investment (adjusting from planning for environmental protection to making environmental impact assessment) belong to the decision of the person who has the authority to decide on investment or is it under the decision of the investor?

The Ministry of Construction responded to this issue as follows:

Regarding the content related to environmental protection planning, the transitional handling of the implementation of the Law on Environmental Protection No. 72/2020/QH14 is specified in Article 171 of this Law; which contains provisions for environmental protection plans that have been promulgated by competent state agencies before the effective date of the Law on Environmental Protection No. 72/2020/QH14.

Regarding the content related to the adjustment of the total investment, on February 9, 2021, the Government issued Decree No. 10/2021/ND-CP on management of construction investment costs.

Accordingly, the transition on management of construction investment costs (including adjustment of total construction investment) for projects approved before the effective date of Decree No. 10/2021/ND-CP. The enforcement force shall comply with the provisions of Clauses 3, 4, Article 44 of this Decree.

Dang Duc Thanh is requested to carefully study the above provisions and other relevant legal provisions to implement.