Key Updates on Environmental Impact Assessment under Law 146/2025/QH15

31/01/2026

Nanoen – Let’s explore the latest updates on Environmental Impact Assessment (EIA) under Law No. 146/2025/QH15 and their implications for businesses in preparing and appraising investment legal documentation.

The Law on Amendments and Supplements to Several Articles of 15 Laws in the Agriculture and Environment Sectors (Law No. 146/2025/QH15, effective from January 1, 2026) introduces significant revisions to Environmental Impact Assessment (EIA) regulations. These updates aim to streamline administrative procedures and clearly define regulatory authority.

Below are the key EIA-related changes that businesses should pay special attention to:

1. Subjects and Implementation of EIA

EIA Implementation Requirement

EIA must be conducted concurrently with the preparation of the feasibility study report or equivalent documents. The results are presented in an Environmental Impact Assessment report.

Removal of Mandatory Qualified Consultants

Previously, project owners were required to either conduct the EIA themselves or engage qualified consulting firms meeting regulatory criteria.

New Update: The requirement for hiring a “qualified EIA consultant” has been removed. The law no longer sets criteria for eligible consulting entities, allowing project owners to decide whether to conduct the EIA in-house or outsource it based on their capacity and needs.

2. Removal of Certain Previous Provisions

EIA Dossier, Timeline, Content, Appraisal, and Approval
Detailed provisions regarding dossier requirements, timelines, report contents, appraisal organization, and approval procedures have been abolished.

New Update: These aspects are now regulated by the Ministry of Agriculture and Environment.

Environmentally Sensitive Factors

The new law updates the definition of environmentally sensitive elements to better identify projects subject to EIA:

Concentrated residential areas
Water sources used for domestic supply
Nature reserves and important wetlands
Forest types as defined by forestry law
Cultural heritage and natural heritage sites
Resettlement and relocation requirements
Other environmental sensitivity factors

New Update: Paddy land cultivated for two or more crops per year has been removed from the list of environmentally sensitive factors.

Projects Exempt from EIA / Environmental Permits / Environmental Registration
The law supplements provisions identifying projects that are exempt from EIA requirements in accordance with laws and resolutions of the National Assembly.

3. Authority for EIA Appraisal

Ministry of Agriculture and Environment (MAE):

Responsible for appraising EIAs of Group I and II projects that:

Span across two or more provinces or are located in undefined marine areas, and
Fall under one of the following categories:
- Projects approved by the National Assembly or the Prime Minister
- Projects requiring licenses for mineral extraction, water resource exploitation, or marine dumping
- Infrastructure development projects for industrial/service zones
- Large-scale land or water surface use projects
- Projects within industrial zones involving hazardous waste treatment, imported scrap usage, or expansion of existing facilities
- Large-scale pollution-risk projects outside industrial zones (excluding certain livestock and slaughterhouse activities)

Provincial People’s Committee:
Responsible for appraising all remaining projects, except those under the Ministry of National Defense or Ministry of Public Security.

Conclusion

The updates to EIA regulations under Law No. 146/2025/QH15 focus on improving state management efficiency, strengthening early-stage project screening, and promoting long-term sustainable environmental protection.

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