Guidance on the Preliminary Environmental Impact Study Process for Investment Projects and Business Activities (No. 8029/MONRE)

关于投资项目及各类经营活动环境影响初步研究流程的指导意见（第8029/自然资源与环境部号）

ຄຳແນະນຳ ວ່າດ້ວຍ ຂະບວນການສຶກສາເບື້ອງຕົ້ນ ກ່ຽວກັບ ຜົນກະທົບຕໍ່ສິ່ງແວດລ້ອມ ຈາກໂຄງການລົງທຶນ ແລະ ກິດຈະການຕ່າງໆ (ເລກທີ 8029/ກຊສ)

Summary

This guideline was issued by the Ministry of Natural Resources and Environment of Laos on December 17, 2013, pursuant to Article 21 of the Environmental Protection Law (Revised Edition). It uniformly regulates the preliminary environmental impact study procedures for state-owned and private, domestic and foreign investment projects and various business activities nationwide, including project screening, preliminary study reports (ບສຕສ), social and natural environmental management and monitoring plans (ຜຄຕສ), issuance and supervision of environmental certificates, public participation, responsibilities of state agencies at all levels, as well as supervision and inspection matters.

Articles

Article 1

Part 1 Purpose and Principles
1.1 Purpose of this Guidance
This Guidance aims to implement and elaborate on the provisions stipulated in Article 21 of the Environmental Protection Law (Amended) (No. 29/NA, December 18, 2012), in order to uniformly and effectively conduct the preliminary environmental impact assessment process for all state-owned and private, domestic and foreign investment projects and various business activities carried out within the Lao People's Democratic Republic that have or will have impacts on the social and natural environment, thereby effectively contributing to the country's sustainable economic and social development, and mitigating and enhancing adaptive capacity to the situation of global warming.

Article 2

1.2 Principles
The preliminary environmental impact study process for investment projects and various types of operational activities must adhere to the following principles:
- The project owner shall bear full responsibility for conducting the preliminary environmental impact study process for its investment projects and various types of operational activities, and shall ensure that, prior to the commencement of project construction, an environmental certificate approving its preliminary environmental impact study report is obtained from the relevant provincial/municipal Department of Natural Resources and Environment;
- The project owner shall correctly carry out the preliminary environmental impact study process, in compliance with the contents, technical guidelines, and other relevant laws and regulations stipulated in this Guidance;
- The preliminary environmental impact study process for investment projects and various types of operational activities shall be implemented by domestic or foreign environmental service organizations established and operating in accordance with the law.

Article 3

Part 2: Preliminary Environmental Impact Study Process
2.1 Screening of Investment Projects and Various Business Activities
Screening of investment projects and various business activities is the first step in the environmental impact assessment process and is an important stage for determining whether the proposed investment projects and various business activities require an environmental impact assessment. The specific details for conducting the screening of investment projects or various business activities are as follows:
- The project owner must use the list of investment projects and various business activities as the basis for screening to determine which category requiring an environmental impact assessment the proposed investment projects and various business activities should fall into;
- In cases where the investment projects and various business activities are not included in the list, the Provincial/Capital Department of Natural Resources and Environment shall apply the criteria for comparing social environmental impacts with natural environmental impacts, in conjunction with the relevant information provided in the investment plan, to conduct screening and determine which category on the list requiring what level of environmental impact assessment the proposed investment projects and various business activities should correctly and appropriately fall into, or whether an environmental impact assessment is not required;
- For investment projects and various business activities determined through screening not to require an environmental impact assessment, the Provincial/Capital Department of Natural Resources and Environment shall propose certain conditions or requirements to the project owner concerning the management and monitoring of social and natural environmental impacts for their implementation and compliance.

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