The Environmental Impact Assessment(EIA) system was officially proposed through the US National Environmental Policy Act(NEPA) in 1969. Since then, it has always played an important role as an effective tool in environmental management and protection....
The Environmental Impact Assessment(EIA) system was officially proposed through the US National Environmental Policy Act(NEPA) in 1969. Since then, it has always played an important role as an effective tool in environmental management and protection. Essentially, it requires the project implementers to take responsibility for conducting investigations, assessments, and analyses of environmental aspects to provide forecasts of the impact on the ecological and social environment before the project is implemented in reality. The EIA system also requires establishing an environmental conservation plan, mitigation measure, or other measures to maximize the effectiveness of environmental protection and minimize adverse impacts on human rights to the environment. Thus, it is not difficult to understand why many countries accept the EIA system as a fundamental regulation of national environmental policies. Korea and Vietnam are no exception to this trend.
In 1991, the diplomatic relations between Korea and Vietnam were officially established, since then both countries have engaged in extensive cooperation across multiple sectors, with a focus on economic development activities and the promotion of a mutually beneficial investment cooperation model. This trend inevitably leads to the need to research investment environments and legal regulations between both countries to establish a stable, secure, and sustainable foundation for long-term collaboration, not only for the present but also for the future.
In Korea, the regulation of EIA was initially established in the Natural Environment Conservation Act(1977) and has been continuously amended and supplemented for improvement. Nowadays, the Environmental Impact Assessment Act is a crucial legal foundation for establishing and operating the EIA system in Korea. Compared to the initial stage, the scope of the term‘Environmental Impact Assessment’in Korea has been expanded. It includes Strategic Environmental Impact Assessment(SEIA), Environmental Impact Assessment(EIA), and Small-scale EIA. On the other hand, the EIA system in Vietnam is increasingly receiving significant legal adjustments to realize its role as a fundamental tool in managing and protecting the national environment. The first regulation of the EIA was stipulated in Vietnam's Law on Environmental Protection in 1993(the first legal document regulating issues arising in the environmental management and protection field in Vietnam). Through the process of amendment and supplement, currently, the EIA is maintained as a regulatory mechanism under Vietnam's Law on Environmental Protection(2020).
This study aims to establish comprehensive research on the EIA system of Korea and Vietnam in the situation lacking comparative legal research related to the EIA system between the two countries. By reviewing the current status of each country's EIA systems, the study focuses on clarifying the problems that make it impossible to achieve the original legislative purpose of the EIA system. Based on this foundation, this study seeks useful measures to improve the EIA system of both countries. It is expected to help raise stakeholders' legal awareness of the EIA system, ensure management goals when carrying out economic activities in both countries and provide opportunities to deal with difficulties in accessing legal systems for project implementers as well.
It is revealed that despite efforts to refine legislation, the regulation of the EIA system in both countries is still facing some legal and operational challenges which made its legislative purposes impossible. The lack of feasibility and effectiveness in selecting categories and scope of assessment, the absence of objectivity and efficiency in each EIA's steps, the lack of clarity in the responsibilities for public disclosure and use of EIA information by relevant parties, or the ineffectiveness of sanctions for violations are becoming serious legal issues in both countries related to the EIA system. Furthermore, the insufficient management capacity and awareness among involved parties, such as competent authorities, local governments, businesses, or citizens, regarding the role of the EIA are also considered barriers that hinder the accurate implementation of the EIA process in practice.
With a focus on considering the environmental impacts of development activities, this study concentrates on researching the EIA system in a narrow sense. It means that the SEIA or small-scale EIA processes are not included. However, because of the inherent interconnectedness between the environmental impact processes, research into SEIA or small-scale EIA is still conducted simultaneously when a more specific approach to EIA is necessary.
This study concentrates on basic theoretical issues about the EIA system such as its definition, history of formation and development, ideology, legal nature, functions, and limitations. The method of analyzing legal terminology is used to form an accurate approach to the theoretical perspective in each country about the EIA system. The study analyzes and reviews the current limitations of the EIA system in each country by using the comparative legal method or the integrated research, analysis, and evaluation method. On this basis, the study will propose solutions to improve the effectiveness of the EIA system in each country. The improvement measures were proposed by considering factors such as the organizational structure of state management, legal systems, and the socio-economic development characteristics of each country to ensure its effectiveness. Furthermore, enhancing legal awareness through legal propaganda activities, or legal knowledge education about the EIA for project implementers and the social community is hoped to be effective in improving the understanding of stakeholders about the role of the EIA and fundamental environmental rights. To ensure the effectiveness of these solutions, a rigorous monitoring mechanism and active participation from all relevant parties will be necessary.