1.3 Adequacy of technical guidelines | l General TG is supplemented with specific guidelines for all environmental components and some industries. | l Too inflexible, result in unnecessary work. |
1.4 Guidance for EIA implementation at the local level | l Exists regulations at the provincial level. | l Needs to be revised frequently. |
1.5 Formal provisions for SEA | l Regulations on Planning EIA was issued in 2009. | l Lacks supporting laws to guide the implementation of Planning EIA. |
2. Administrative set up |
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2.1 Specified EIA review body | l For EIR and EIF: (1) state environmental protection authority (MEE), (2) provincial, autonomous regions’ EPBs, (3) municipal, county EEPBs. For EIRF, online registration is required. | / |
2.2 Existence of supervision authority | l MEE and EEPBs at different levels | l Vertical management reform of environmental monitoring and law enforcement departments under improving. |
2.3 Specification of industry authorities’ responsibility | l The pre-review of EIR for some industries was canceled since 2017. | / |
3. EIA process |
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3.1 Specified screening categories | l List and threshold approach. Projects are classified into three categories: A, B and C, according to their projects’ features. | l Although the assessment methodologies are more specific, some regulations are too inflexible. It may lead to unnecessary work. |
3.2 Systematic scoping approach | l Identifies the evaluation factors and working levels I-III following TGs, which decides the evaluation scope and ambient standard. | l Too inflexible |
3.3 Requirement for impacts prediction | l Evaluation of environmental status and project engineering analysis; Analyzes each pollution-producing node in production techniques and ecological impacts; Evaluates the monetary value of environmental protection measures cost-benefit analysis. | l Too inflexible |
3.4 Specified EIS content | l Required in article 17 of EIA Law. | l Too inflexible |
3.5 Systematic decision-making approach | l Adopts technical review meetings. Article 11 of REPMCP lists the conditions of not giving EIA approval. | / |
3.6 Requirement for monitoring | l Randomly on-site investigation of projects, periodically selective examination of EISs and real-time monitoring of pollutant emission. | / |
3.7 Public participation in the EIA process | l Public participation almost covers the whole EIA process. | l Not explicitly declare the environmental right of citizens. |
3.8 Requirement to consider alternatives | l Focuses on technical options. | l No consideration of “without project” or “delay the project”. |
3.9 Requirement for EIA follow-up | l Article 27 of EIA Law If the construction and operation of projects are inconsistent with EIA requirements, the EIA follow-up needs to be conducted. | |
Foundation measures |
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4.1 Systematic supervise measures | l The interim and post-event supervision has been strengthened. |
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4.2 Effective warning and deterrent of penalties | l The penalties are more severe than before. | l Exists problems at implementation. |
4.3 Existence of legislative provisions for appeals | l The Law of Executive Accusation is suitable for EIA appeal. | l The amount of lawsuit is low. The percentage of developers or public winning the lawsuit is low. |