Instruction on the Procedure for Social and Natural Environmental Impact Assessment of Investment Projects and Business Activities

关于投资项目及各类经营活动社会与自然环境影响评估程序的指示

ຄຳແນະນຳ ວ່າດ້ວຍ ຂະບວນການປະເມີນຜົນກະທົບຕໍ່ສິ່ງແວດລ້ອມສັງຄົມ ແລະ ທຳມະຊາດ ຈາກໂຄງການລົງທຶນ ແລະ ກິດຈະການຕ່າງໆ

Summary

This Instruction is issued by the Ministry of Natural Resources and Environment to implement Article 22 of the Law on Environmental Protection (Amended Version), and to uniformly regulate the procedures for assessing the social and natural environmental impacts of investment projects and various business activities conducted within the territory of Laos. It covers project screening, the preparation and review of Environmental and Social Impact Assessment (ESIA) reports, environmental management and monitoring plans, the issuance and revocation of environmental approval certificates, public participation, the duties and responsibilities of state agencies at all levels, as well as supervision and inspection.

Articles

Article 1

— Pursuant to Article 22 of the Law on Environmental Protection (Revised) No. 29/National Assembly dated December 18, 2012;
— Pursuant to Decree No. 435/Prime Minister on the Organization and Operation of the Ministry of Natural Resources and Environment dated November 28, 2011.
The Minister of Natural Resources and Environment promulgates this Directive:
Part 1: Purpose and Principles
1.1 Purpose of this Directive

Article 2

This Instruction is for the organization and implementation of the provisions stipulated in Article 22 of the Law on Environmental Protection (Amended Version), No. 29/National Assembly, dated December 18, 2012, aiming to achieve uniformity in the implementation of the Social and Natural Environmental Impact Assessment procedures for investment projects and various business activities nationwide, conducted within the Lao People’s Democratic Republic, whether state-owned or private, domestic or foreign, which have caused or will cause social and natural environmental impacts, thereby ensuring effective and efficient implementation, and contributing to the sustainable socio-economic development of the country, as well as to climate change mitigation and enhanced adaptation to global warming.
1.2 Principles of the Social and Natural Environmental Impact Assessment Procedure
The Social and Natural Environmental Impact Assessment procedure shall adhere to the following principles:
- The project owner shall bear full responsibility for conducting the Social and Natural Environmental Impact Assessment procedure and shall ensure that an Environmental Approval Certificate, approving the aforementioned report, is obtained from the Ministry of Natural Resources and Environment before commencing construction of the declared investment project or business activity;
- The project owner shall conduct the Social and Natural Environmental Impact Assessment procedure correctly and in accordance with the provisions stipulated in this Instruction, as well as relevant technical guidelines and other applicable laws and regulations;
- The Social and Natural Environmental Impact Assessment procedure shall be conducted by domestic or foreign environmental service organizations established and operating in accordance with the law, and shall comply with the Environmental Protection Law (Revised), Articles 44 and 45.

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