Law on Environmental Impact Assessment

(Adopted at the 30th session of the Standing Committee of the Ninth National People's Congress on October 28, 2002; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Six Laws including the Energy Conservation Law of the People's Republic of China at the 21st Session of the Standing Committee of the Twelfth National People's Congress on July 2, 2016; and amended for the second time according to the Decision of the Standing Committee of the National People's Congress to Amend Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 29, 2018)
 
Chapter I General Provisions
 
Article 1 This Law is formulated for the purpose of implementing the strategy of sustainable development, preventing adverse effects on the environment caused by the implementation of planning and construction projects, and promoting the coordinated development of economy, society and environment.
 
Article 2 The term "environmental impact assessment" as mentioned in this Law refers to the analysis, prediction and assessment of the possible environmental impacts caused by the implementation of planning and construction projects, the proposal of countermeasures and measures to prevent or mitigate adverse environmental impacts, and the methods and systems for tracking and monitoring.
 
Article 3 Environmental impact assessment shall be carried out in accordance with this Law in the preparation of plans within the scope specified in Article 9 of this Law and in the construction of projects with environmental impacts in the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
 
Article 4 Environmental impact assessment must be objective, open and impartial, taking into account the possible impacts of planning or construction projects on various environmental factors and their ecosystems, so as to provide a scientific basis for decision-making.
 
Article 5 The State encourages relevant units, experts and the public to participate in environmental impact assessment in an appropriate manner.
 
Article 6 The State shall strengthen the construction of basic database and evaluation index system of environmental impact assessment, encourage and support scientific research on methods and technical specifications of environmental impact assessment, establish necessary information sharing system of environmental impact assessment, and improve the scientificity of environmental impact assessment.
The competent administrative department of environmental protection under the State Council, in conjunction with the relevant departments under the State Council, shall organize the establishment and improvement of the basic database and evaluation index system of environmental impact assessment.
 
Chapter II Environmental Impact Assessment of Planning
 
Article 7 Relevant departments of the State Council, local people's governments at or above the municipal level with districts and their relevant departments shall organize environmental impact assessment in the process of planning and compile chapters or explanations on environmental impact of the relevant land use planning, regional, River Basin and sea area construction and development and utilization planning that they organize.
Chapters or descriptions of the environmental impact of the plan shall analyze, predict and evaluate the possible environmental impact after the implementation of the plan, and put forward countermeasures and measures to prevent or mitigate the adverse environmental impact, which shall be submitted to the planning approval authority as part of the draft plan.
The examining and approving organ shall not approve a draft plan that has not prepared a chapter or description on environmental impact.
 
Article 8 Relevant departments of the State Council, local people's governments at or above the municipal level with districts and their relevant departments shall organize environmental impact assessment before submitting the draft of the special planning for industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism and natural resources development (hereinafter referred to as the special planning). Price and submit an environmental impact report to the organ approving the special plan.
The guiding plans in the special plans listed in the preceding paragraph shall be subject to environmental impact assessment in accordance with the provisions of Article 7 of this Law.
 
Article 9 The specific scope of planning for environmental impact assessment in accordance with the provisions of Articles 7 and 8 of this Law shall be stipulated by the competent administrative department of environmental protection under the State Council in conjunction with the relevant departments under the State Council and submitted to the State Council for approval.
 
Article 10 The environmental impact report of a special plan shall include the following contents:
(1) Analysis, prediction and assessment of the possible environmental impact of the implementation of the plan;
(2) Measures and measures to prevent or mitigate adverse environmental impacts;
(3) The conclusion of environmental impact assessment.
 
Article 11 For plans that may cause adverse environmental impacts and directly involve the public's environmental rights and interests, the compiling organs of special plans shall hold demonstration meetings, hearings or take other forms before submitting the draft plans for examination and approval, and solicit the opinions of relevant units, experts and the public on the draft report on environmental impacts. However, the state stipulates the need for confidentiality exceptions.
The compiling organ shall seriously consider the opinions of the relevant units, experts and the public on the draft environmental impact report, and shall attach a description of the adoption or rejection of the opinions in the environmental impact report submitted for review.
 
Article 12 When submitting a draft plan for approval, the compiling organ of a special plan shall submit the environmental impact report to the examination and approval organ for examination. If the environmental impact report is not attached, the examination and approval organ shall not approve it.
 
Article 13 Before examining and approving the draft special plans and making decisions, the people's governments at or above the municipal level with districts shall first convene representatives and experts of relevant departments by the competent administrative department for environmental protection designated by the people's governments or other departments to form a review group to examine the environmental impact reports. The review group shall submit a written review opinion.
Experts participating in the review teams prescribed in the preceding paragraph shall be determined by random sampling from the list of experts of relevant specialties in the expert bank established in accordance with the provisions of the competent administrative department of environmental protection under the State Council.
The relevant departments of the people's governments at or above the provincial level shall be responsible for the examination and approval of special plans, and the measures for the examination and approval of their environmental impact reports shall be formulated by the competent administrative department of environmental protection under the State Council in conjunction with the relevant departments under the State Council.

Article 14 Where the review group proposes amendments, the drawing-up organ of the special plan shall revise and improve the draft plan in accordance with the conclusions of the environmental impact statement and the review opinions, and explain the adoption of the conclusions of the environmental impact statement and the review opinions; if it does not adopt the plan, the reasons shall be explained. When examining and approving the draft special plan, the people's government at or above the municipal level or the relevant departments of the people's government at or above the provincial level with districts shall take the conclusions of the environmental impact statement and the review opinions as the important basis for decision-making.
If the conclusion of the EIS and the review opinions are not adopted in the examination and approval, they shall be explained and filed for reference.
 
Article 15 After the implementation of a plan that has a significant impact on the environment, the compilation organ shall timely organize a follow-up assessment of the environmental impact and report the results of the assessment to the examination and approval organ; if it finds that there is a significant adverse environmental impact, it shall promptly put forward measures for improvement.
 
Chapter III Environmental Impact Assessment of Construction Projects
 
Article 16 The State shall, according to the degree of environmental impact of construction projects, carry out classified management of environmental impact assessment of construction projects. Construction units shall organize the preparation of environmental impact reports, environmental impact reports or environmental impact registration forms (hereinafter referred to as environmental impact assessment documents) in accordance with the following provisions:
(1) Where significant environmental impacts are likely to occur, an environmental impact statement shall be compiled to conduct a comprehensive assessment of the resulting environmental impacts;
(2) Where a slight environmental impact is likely to occur, an environmental impact report shall be compiled to analyze or make a special assessment of the resulting environmental impact;
(3) Where there is little environmental impact and no need for environmental impact assessment, an environmental impact registration form shall be filled in.
The catalogue of classified management of environmental impact assessment of construction projects shall be formulated and promulgated by the competent administrative department of environmental protection under the State Council.
 
Article 17 The environmental impact statement of a construction project shall include the following contents:
(1) General situation of construction projects;
(2) The current situation of the surrounding environment of the construction project;
(3) Analysis, prediction and assessment of possible environmental impacts of construction projects;
(4) Environmental protection measures for construction projects and their technical and economic demonstrations;
(5) Economic profit and loss analysis of environmental impact of construction projects;
(6) Suggestions on environmental monitoring of construction projects;
(7) The conclusion of environmental impact assessment.
The contents and formats of environmental impact reports and environmental impact registration forms shall be formulated by the competent administrative department of environmental protection under the State Council.
 
Article 18 The environmental impact assessment of construction projects shall avoid duplication with the planned environmental impact assessment. As a whole construction project planning, environmental impact assessment is carried out according to the construction project, and no environmental impact assessment is carried out. The planning of environmental impact assessment includes specific construction projects. The conclusion of environmental impact assessment of planning should be taken as an important basis for environmental impact assessment of construction projects. The content of environmental impact assessment of construction projects should be simplified according to the review opinions of environmental impact assessment of planning.
 
Article 19 A construction unit may entrust a technical unit to carry out an environmental impact assessment of its construction project and prepare an environmental impact report and an environmental impact report form for the construction project; if the construction unit has the technical capacity for environmental impact assessment, it may conduct an environmental impact assessment of its construction project on its own, and prepare an environmental impact report and an environmental impact report form for the construction project.
The preparation of environmental impact reports and environmental impact reports for construction projects shall comply with the relevant national environmental impact assessment standards and technical specifications.
The competent department of ecological environment under the State Council shall formulate guidelines for capacity-building and supervision measures for the preparation of environmental impact reports and environmental impact reports of construction projects.
Technical units entrusted with the preparation of environmental impact reports and environmental impact reports for construction projects shall not have any interest relationship with the competent ecological environment department or other relevant examination and approval departments responsible for examining and approving the environmental impact reports and environmental impact reports of construction projects.
 
Article 20 A construction unit shall be responsible for the contents and conclusions of the environmental impact statement and the environmental impact statement of a construction project, and the technical unit entrusted with the preparation of the environmental impact statement and the environmental impact statement of a construction project shall bear the corresponding responsibility for the environmental impact statement and the environmental impact statement of the construction project.
The competent department of ecological environment of the people's government at or above the municipal level with districts shall strengthen the supervision, management and quality assessment of the units compiling environmental impact reports and environmental impact reports of construction projects.
The competent ecological environment department responsible for examining and approving the environmental impact statement and environmental impact statement of construction projects shall record the relevant illegal information of the compiling units, the compiling presenters and the main compilers into the files of social honesty and credit information, and shall be included in the national credit information sharing platform and the credit information publicity system of state enterprises to publish to the society.
No unit or individual may designate a technical unit for the construction unit to compile the environmental impact statement or environmental impact statement for the construction project.
 
Article 21 In addition to situations requiring confidentiality as stipulated by the State, construction projects which may have a significant impact on the environment and should prepare environmental impact reports shall hold demonstration meetings, hearings or take other forms to solicit the opinions of relevant units, experts and the public before submitting and approving the environmental impact reports of construction projects.
The environmental impact report submitted for approval by the construction unit shall be accompanied by an explanation of whether or not the opinions of the relevant units, experts and the public are accepted.
 
Article 22 The environmental impact reports and reports of construction projects shall be submitted by the construction units to the competent department of ecological environment with the power of examination and approval in accordance with the provisions of the State Council for examination and approval.
The examination and approval of marine environmental impact reports for marine engineering construction projects shall be handled in accordance with the provisions of the Marine Environmental Protection Law of the People's Republic of China.
The examining and approving department shall, within 60 days from the date of receipt of the EIS and 30 days from the date of receipt of the EIS, make the examination and approval decisions separately and notify the construction unit in writing.
The State shall record and manage the environmental impact registration forms.
No fee shall be charged for examining and approving environmental impact reports, reports and environmental impact registration forms of construction projects.
 
Article 23 The competent administrative department of environmental protection under the State Council shall be responsible for examining and approving environmental impact assessment documents for the following construction projects:
(1) Construction projects of special nature such as nuclear facilities and top-secret projects;
(2) Construction projects across provinces, autonomous regions and municipalities directly under the Central Government;
(3) Construction projects examined and approved by the State Council or authorized by the relevant departments of the State Council.
The authority for examination and approval of environmental impact assessment documents for construction projects other than those specified in the preceding paragraph shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Construction projects may cause adverse environmental impacts across administrative regions. If the relevant administrative departments of environmental protection have controversial conclusions on the environmental impact assessment of the projects, their environmental impact assessment documents shall be examined and approved by the common administrative departments of environmental protection at the next higher level.
Article 24 After approval of the environmental impact assessment document for a construction project, the nature, scale, location, production technology or measures to prevent pollution and ecological damage of the construction project have undergone major changes, and the construction unit shall re-submit the environmental impact assessment document for the construction project.
If the environmental impact assessment document of a construction project exceeds five years from the date of approval, the party decides to start construction of the project, the environmental impact assessment document shall be submitted to the original examination and approval department for re-examination; the original examination and approval department shall notify the construction unit in writing of the examination and approval opinions within ten days from the date of receipt of the environmental impact assessment document of the construction project.
 
Article 25 If the environmental impact assessment document of a construction project has not been examined and approved by the examination and approval department in accordance with the law, the construction unit shall not start construction.
 
Article 26 During the construction of a construction project, the construction unit shall simultaneously implement the environmental protection countermeasures proposed in the environmental impact statement, the environmental impact statement and the approval opinions of the examination and approval department of the environmental impact assessment document.
 
Article 27 Where there is a situation that does not conform to the approved environmental impact assessment documents in the course of project construction and operation, the construction unit shall organize a post-assessment of environmental impact, take measures for improvement, and report it to the original environmental impact assessment document examination and approval department and the construction project approval department for the record; the original environmental impact assessment document examination and approval department may also instruct the construction unit to carry out environmental shadow. After the evaluation, we should take measures to improve it.
 
Article 28 The competent department of ecological environment shall follow up and inspect the environmental impacts of construction projects after they are put into production or use. If serious environmental pollution or ecological damage is caused, the reasons shall be ascertained and the responsibilities ascertained. If the basic information of the environmental impact statement and the environmental impact statement of a construction project is obviously false, the contents of which are seriously flawed, omitted or false, and the conclusions of the environmental impact assessment are incorrect or unreasonable, the construction unit and its relevant responsible personnel shall be investigated and entrusted with the preparation of the environmental impact report of a construction project in accordance with the provisions of Article 32 of this Law. The legal liabilities of the technical units and their related personnel involved in the declaration and environmental impact statement belong to the dereliction of duty or dereliction of duty of the staff members of the examination and approval department, and those who approve the environmental impact statement or environmental impact statement of a construction project that should not be approved according to law shall be investigated for their legal liabilities in accordance with the provisions of Article 34 of this Law.
 
Chapter IV Legal Liability
 
Article 29 Where a planning organ violates the provisions of this Law and fails to organize an environmental impact assessment, or commits fraud or negligence in organizing an environmental impact assessment, thereby causing serious falsehood in the environmental impact assessment, administrative sanctions shall be imposed on the persons directly in charge and other persons directly responsible by the higher authorities or supervisory organs according to law.
 
Article 30 Where a planning examination and approval organ illegally approves a draft plan that should be prepared in accordance with the law but not in accordance with the relevant chapters or instructions on environmental impact, a special draft plan that should be attached to an environmental impact report but not to it, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions by the higher authorities or supervisory organs in accordance with the law.
Article 31 If a construction unit fails to submit an environmental impact report or report for approval in accordance with the law, or fails to submit a new report or report for re-examination in accordance with the provisions of Article 24 of this Law, and starts construction without authorization, the competent administrative department of environmental protection at or above the county level shall order it to stop construction and shall, in accordance with the circumstances of the violation and the consequences of the harm, deal with the construction project. Fines of less than 1% and less than 5% of the total investment amount may be ordered to restore the status quo. Administrative sanctions shall be imposed on the persons in charge directly responsible for the construction unit and other persons directly responsible for the investment.
If the environmental impact report or report form of a construction project has not been approved or has not been re-examined and approved by the original examination and approval department, the construction unit starts construction without authorization, it shall be punished and punished in accordance with the provisions of the preceding paragraph.
If a construction unit fails to file the environmental impact registration form of a construction project in accordance with the law, the administrative department of environmental protection at or above the county level shall order it to file and impose a fine of not more than 50,000 yuan.
If a construction unit of a marine engineering construction project commits any of the illegal acts listed in this article, it shall be punished in accordance with the provisions of the Marine Environment Protection Law of the People's Republic of China.
 
Article 32 If the basic data of the environmental impact statement and the environmental impact statement of a construction project are obviously untrue, the contents of which are seriously flawed, omitted or false, and the conclusions of the environmental impact assessment are incorrect or unreasonable, the competent department of ecological environment of the people's government at or above the municipal level with districts shall impose a fine of more than 500,000 yuan and less than 2,000 yuan on the construction unit. The legal representatives, principal responsible persons, directly responsible persons and other directly responsible persons of the construction units shall be fined not less than 50,000 yuan but not more than 200,000 yuan.
The technical units entrusted with the preparation of environmental impact reports and environmental impact reports for construction projects violate the relevant national standards and technical specifications for environmental impact assessment, which results in obvious falsehood of basic information, major defects, omissions or falsehoods in the contents of environmental impact reports and environmental impact reports for construction projects, and incorrect conclusions of environmental impact assessment. If there are serious quality problems such as irrationality, the competent department of ecological environment of the people's government at or above the municipal level with districts shall impose a fine of not less than three times but not more than five times on the technical units'premises; if the circumstances are serious, it shall be forbidden to engage in the preparation of environmental impact reports and environmental impact reports; if there are illegal gains, the illegal gains shall be confiscated.
If a compiling unit commits an illegal act as stipulated in the first and second paragraphs of this article, it shall be forbidden to engage in the compilation of environmental impact reports and environmental impact reports within five years by the presiding officer and the main compiling personnel; if a crime is constituted, it shall be investigated for criminal responsibility according to law, and it shall be forbidden to engage in the compilation of environmental impact reports and environmental impact reports for life.
 
Article 33 If the Department responsible for examining, approving and filing the environmental impact assessment documents of construction projects collects fees in the process of examination, approval and filing, it shall be ordered to return the fees by its superior organs or supervisory organs; if the circumstances are serious, the persons in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law.
 
Article 34 Staff members of administrative departments for environmental protection or other departments who engage in malpractices for personal gain, abuse their powers, neglect their duties and illegally approve environmental impact assessment documents for construction projects shall be given administrative sanctions according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions
 
Article 35 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual local conditions, request environmental impact assessment of the plans formulated by the people's governments at the county level in their respective jurisdictions. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the provisions of Chapter II of this Law.
 
Article 36 Measures for environmental impact assessment of military facilities construction projects shall be formulated by the Central Military Commission in accordance with the principles of this LawArticle 37 This Law shall come into force on September 1, 2003.