An Environmental Impact Assessment (EIA) report is mandatory for many investment projects in Vietnam — but not all. The law classifies projects into four groups based on their risk of adverse environmental impact. This article summarizes the 2026 classification under the Law on Environmental Protection 2020 (amended by Law 146/2025/QH15) and Decree 08/2022/ND-CP (amended by Decrees 05/2025/ND-CP and 48/2026/ND-CP).
The Rule: Which Projects Require an EIA Report?
Under Article 30 of the Law on Environmental Protection 2020, Group I and Group II investment projects (classified under Clauses 3 and 4 of Article 28) must conduct an EIA. Group III projects (low risk) and Group IV projects (no risk) do not need an EIA report — they instead complete environmental registration or apply for an environmental license as applicable.
Important: Law 146/2025/QH15 (effective 01/01/2026) amended Article 28 on project classification, and Decree 48/2026/ND-CP (effective 29/01/2026) issued a new Appendix II listing business lines at risk of causing environmental pollution. Always consult the post-amendment versions.
Group I Projects — High Risk of Adverse Impact
Group I includes:
(a) Business lines at risk of environmental pollution with large scale or capacity; hazardous waste treatment services; projects importing scrap as production materials;
(b) Polluting business lines of medium scale/capacity with environmentally sensitive factors; non-polluting business lines of large scale with sensitive factors;
(c) Projects using land, land with water surface, or marine areas at large scale, or medium scale with sensitive factors;
(d) Mineral and water resource extraction at large scale/capacity, or medium scale with sensitive factors;
(e) Projects requiring land-use purpose conversion at medium scale or above with sensitive factors;
(f) Projects requiring large-scale migration and resettlement.
Typical examples: large thermal power plants, metallurgy, petrochemical refining, cement, pulp, and large-scale chemical plants; large-scale solid mineral mining using toxic chemicals.
Group II Projects — At Risk (Below Group I Thresholds)
Group II covers projects with environmental risk that do not reach Group I thresholds, e.g., polluting business lines of medium scale/capacity; small scale with environmentally sensitive factors; medium-scale land/water-surface use; and similar lower-tier cases.
Detailed criteria on scale, capacity, discharge volumes, and sensitive factors are set out in the appendices to Decree 08/2022/ND-CP (as amended by Decrees 05/2025 and 48/2026) — project owners should check the current appendices directly.
Appraisal Authority
The Ministry of Agriculture and Environment appraises EIA reports for: Group I projects; Group II projects under the investment approval authority of the National Assembly or the Prime Minister; inter-provincial projects; and projects subject to the Ministry’s licensing authority (mineral/water extraction, ocean dumping, sea area allocation, etc.).
Provincial People’s Committees appraise remaining Group II projects. Under Decree 05/2025/ND-CP, local authority has been expanded (decentralized) for certain public investment projects and projects inside concentrated production/business/service zones and industrial clusters.
EIA Process
Project owner: prepare the EIA report → community consultation (subjects, content, and forms specified in Decree 05/2025) → submit for appraisal → obtain approval of appraisal results → implement environmental protection measures → apply for an environmental license before official operation.
FAQs
What environmental procedure applies if no EIA is required?
Group III projects complete environmental registration or apply for an environmental license (depending on the case); Group IV projects are exempt from the corresponding procedures as prescribed.
What if a project skips a mandatory EIA?
This is an administrative violation in the environmental sector, subject to heavy fines and mandatory remedial EIA; the project may be suspended.
Where is the authoritative EIA project list?
Check the appendices to Decree 08/2022/ND-CP as amended by Decrees 05/2025/ND-CP and 48/2026/ND-CP (new Appendix II under Decree 48/2026), or the portal of the Ministry of Agriculture and Environment.
Legal Basis
Law on Environmental Protection 72/2020/QH14 (amended by Law 146/2025/QH15, effective 01/01/2026) — Articles 28, 30; Decree 08/2022/ND-CP (amended by Decree 05/2025/ND-CP effective 06/01/2025 and Decree 48/2026/ND-CP effective 29/01/2026). Verified as of 15/10/2026.
Is your project subject to a mandatory EIA? Contact FLAT Law Firm for classification review and environmental procedure support.
This article is for general reference only and does not replace legal advice for specific cases. Content drafted by AI and awaiting review by the QA Council (FLAW AI Legal Council); it has not been reviewed by a licensed human lawyer.
