Law of the People's Republic of China on Environmental Impact Assessment(2016Amendment)[Effective]

Issuing authority:

Standing Committee of the National
People's Congress

Document Number:

Order No. 48 of the President of thePeople's Republic of China

Date issued:

07-02-2016

Effective date:

09-01-2003

Level of Authority:

Laws

Area of Law:

Environmental Protection

Law of the People's Republic of China on Environmental Impact Assessment(Adopted at the 30th session of the Standing Committee of the Ninth National People's Congress on October 28, 2002,
and amended 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 theStanding Committee of the Twelfth National People's Congress on July 2, 2016)
Table of Contents
Chapter I General Provisions
Chapter II Appraisal of the Environmental Impacts of Programs
Chapter III Appraisal of the Environmental Impacts of Construction Projects
Chapter IV Legal Liabilities
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 The present Law has been enacted for the purpose of carrying out the strategy of sustainable development,
prevent the unfavorable impacts of programs and constructions projects upon the environment after they are carried out,
and promote the concerted development of the economy, society and environment.
Article 2 The term appraising environmental impacts as mentioned in the present Law refers to the methods andinstitutions for analyzing, predicting and appraising the impacts of programs and construction projects that might incur
after they are carried out so as to propose countermeasures for preventing or mitigating the unfavorable impacts andmake follow-up monitoring.
Article 3 To work out any of the programs as described in Article 9 of the present Law or to build any project within the
territory of the People's Republic of China or within other seas subject to the jurisdiction of the People's Republic ofChina, appraisals shall be conducted about the environmental impacts according to the present Law.

Article 4 The appraisals of the environmental impacts shall be objective, open and impartial, and shall take the impacts
imposed upon the various environmental factors and the corresponding ecosystem by the programs or construction
project after they are carried out so as to provide a scientific basis for decision-making.
Article 5 The state encourages relevant entities, experts and the general public to participate in the appraisal of theenvironmental impacts in appropriate ways.
Article 6 The state shall strengthen the construction of the basic databases for the appraisal of environmental impacts andthe system of indicators for appraisal, encourage and support the scientific research of the methods and technicalspecifications for appraising environmental impacts, and build a system for sharing the information about environmental
impacts so as to make the environmental impact appraisals more scientific.
The administrative department in charge of the environmental protection under the State Council shall, in collaboration
with other relevant departments under the State Council, organize, establish and improve the basic databases forappraising environmental impacts and the system of appraisal indicators.
Chapter II Appraisal of the Environmental Impacts of Programs
Article 7 The relevant departments of the State Council and the local people's governments at(above) the level of thecities with districts as well as the relevant departments thereof shall, in the process of working out the relevant programs
concerning the use of land and the programs for constructing, developing and utilizing the areas, drainage areas or sea
areas, conduct environmental impact appraisals, draft chapters or explanations concerning environmental impacts.
In the chapters or explanations of the programs concerning environmental impacts, an analysis, prediction and appraisalof the environment impacts of the program after it is implemented shall be made, and countermeasures shall be put
forward for preventing or mitigating the unfavorable environmental impacts. Such chapters or explanations shall form apart of the draft of the programs and shall be reported to the organ in charge of the examination and approval of the
programs.
The examination and approval organ may not approve any draft of program which does not have a chapter or explanationof the environmental impacts.
Article 8 With regard to the relevant special programs of industry, agriculture, animal husbandry, forestry, energy, water
conservancy, communications, municipal construction, tourism, and natural resources development (hereafter special
programs), the relevant departments of the State Council and the local people's government of the cities with districts aswell as the relevant departments thereof shall, prior to reporting the draft of the special program for examination andapproval, organize appraisals of environmental impacts, and submit a report of environmental impacts to the organ incharge of the examination and approval of the special program.
For the directive program for the special programs as mentioned in the preceding paragraph, an appraisal shall be madeabout the environmental impacts according to the provisions of Article 7 of the present Law.
Article 9 The specific scope of programs for which environmental impact appraisals shall be made according to theprovisions of Articles 7 and 8 of the present Law shall be prescribed by the administrative department under the StateCouncil in charge of environmental protection jointly with other relevant departments of the State Council and besubmitted to the State Council for ratification.
Article 10 The report of the environmental impacts of special program shall include the following elements:

a. An analysis, prediction and appraisal of the environmental impacts that might occur if the program is implemented;
b. The countermeasures for predicting or mitigating the unfavorable environmental impacts;c. The conclusion of the appraisal upon the environment.
Article 11 In case a program may cause unfavorable environmental impacts or directly involve the environmental interestsof the general public, the organ that works out the special programs shall, prior to submitting the draft of the programs for
examination and approval, seek the opinions of the relevant entities, experts and the general public about the draft of thereport about the environmental impacts by holding demonstration meetings or hearings or by any other means, except it
is provided by the state that it shall be kept confidential.
The drafting organ shall take the opinions of the relevant entities, experts and the general public about the draft report ofenvironmental impacts into careful consideration, and shall attach a remark whether the opinions are adopted or refusedto the report of environmental impacts to be submitted for examination and approval.
Article 12 The organ that works out a special program shall, when reporting the draft of the program for examination andapproval, submit the report about the environmental impacts at the same time. In case it fails to submit the report about
the environmental impacts, the examination and approval organ may not grant approval.
Article 13 When the people's government at(above)the level of the cities with districts examines the draft of a special
program and before making the decision, the administrative department in charge of environmental protection designatedby the people's government or other relevant departments shall summon the representatives of relevant departments andexperts to form an examination and approval group so as to examine the report of environmental impacts. The
examination and approval group shall submit their opinions in written form.
The experts of the examination and approval group as described in the preceding paragraph shall be determined
randomly from the list of experts within the relevant majors of the databases of experts established by the administrative
departments of the State Council in charge environmental protection.
The measures for the examination of the special programs subject to the examination and approval of the relevant
departments of the people's government on the provincial level and above shall be formulated by the administrative
department of the State Council in charge of environmental protection jointly together with other relevant departments of
the State Council.
Article 14 Where the examination team offers an amendment opinion, the authority that makes the special plan shall,according to the conclusion of the environmental impact report and examination opinion, amend and improve the draft
plan, and give an explanation on the adoption of the conclusion of the environmental impact report and the examination
opinion; and give the reason if it does not adopt the conclusion or the opinion.
When examining and approving the draft of a special program, the people's government at(above)the level of the cities
with districts and on higher levels or the relevant departments of the people's government shall take the conclusion of thereport of environmental impacts and the opinions of examination as an important basis for their decision-making.
In case the conclusion of the report about the environmental impacts or any of the examination opinions is not accepted in
the examination and approval, an explanation shall be made and shall be kept in archivist files for further reference.
Article 15 After a program which has significant environmental impacts is carried out, the drafting organ shall organize
follow-up appraisals about the environmental impacts in good time, and report the results of appraisal to the organ ofexamination and approval. If it finds that there are obviously unfavorable environment impacts, it shall propose
improvement measures in good time.
Chapter III Appraisal of the Environmental Impacts of Construction Projects
Article 16 The state practices classified management over the appraisals of the environmental impacts of construction
projects according to the seriousness of the impacts.
The construction entities shall work out the report of environmental impacts, the report form of environmental impacts or
the registration form of environmental impacts (hereafter environmental impact appraisal documents) according to thefollowing principles:a. If the environmental impacts may be significant, it shall work out a report of environmental impacts so as to include an
all-round appraisal of the environmental impacts;
b. If the environment impacts may be gentle, it shall work out a report form of environmental impacts so as to include ananalysis or special appraisal of the environmental impacts;c. If environment impacts may be very small so that it is not necessary to conduct an appraisal of the environmental
impacts, it shall fill in a registration form of the environmental impacts.
The names of the construction projects subject to classified management of appraisal of environmental impacts shall be
determined and published by the administrative department of the State Council in charge of environmental protection.
Article 17 The report of the environmental impacts of a construction project shall include the following elements:
a. An introduction of the construction project;b. The surrounding environment of the construction project;c. An analysis, prediction and appraisal of the environmental impacts that may be caused by the construction project;d. The measures for protecting the environment of the construction project as well as a technical and economical
demonstration;e. An analysis of the economic gains and losses of the environmental impacts that may be caused by the construction
project;
f. Suggestions for carrying out environmental monitoring over the construction project;g. Conclusion of appraisal of the environmental impacts.
For a construction project which involves water conservancy, there shall be a plan of water conservancy which has been
examined and approved by the administrative department of water.
Article 18 The appraisal of the environmental impacts of a construction project shall not be a repetition of the appraisal of
the environmental impacts of the program.
As the program of an integrated construction project, the appraisal of the environmental impacts shall be conducted on
the basis of the construction project rather than of the program.
Where a specific construction project is covered in a plan on which environmental impact assessment has beenconducted, the conclusion of environmental impact assessment of the plan shall be taken as an important basis ofenvironmental impact assessment of the construction project, and the content of environmental impact assessment of theconstruction project shall be simplified according to the examination opinion of environmental impact assessment of theplan.
Article 19 The institution that provides technical services, upon entrustment, to the appraisal of the environmental impacts
of a construction project shall be subject to the examination and inspection of the administrative department of the StateCouncil in charge of environmental protection. If it passes the examination and inspection and is granted a certificate ofqualifications, it shall provide services of appraisal of the impacts according to the grade as prescribed in the certificate
and the scope of appraisal, and shall be responsible for the conclusion of appraisal. The requirements of qualifications
and the measures of administration of the institutions that provide technical services to the appraisal of the environmental
impacts of construction projects shall be formulated by the administrative department of the State Council in charge ofenvironmental protection.
The administrative department of the State Council in charge of environmental protection shall publish the names of
institutions that have obtained a certificate of qualifications for providing technical services to the appraisal of theenvironmental impacts of construction projects.
There shall not exist any relationship of interest between the institutions that provide technical services to the appraisal of
the environmental impacts of construction projects and the administrative department in charge of environmental
protection and any other department of examination and approval.
Article 20 The report of environmental impacts or the report form of environmental impacts as included in theenvironmental impact appraisal documents shall be formulated by the institutions that have corresponding qualifications
for making appraisals of the environmental impacts.
No entity or individual may designate for any construction entity any institution to make appraisals of the environmental
impacts of any construction project.
Article 21 Unless it is provided by the state that it is necessary to keep confidential, for the construction projects which
may impose significant environmental impacts and for which it is necessary to work out a report of environmental impacts,
the construction entity shall, before submitting the construction project for examination and approval, seek the opinions of
relevant entities, experts and the general public by holding demonstration meetings, hearings or by any other means.
The report of environmental impacts submitted by the construction entity for examination and approval shall include an
explanation of why the opinions of relevant entities, experts and the general public is accepted or rejected.
Article 22 The environmental impact report and report form of a construction project shall be submitted by the construction
entity to the environmental protection administrative department with the approval authority for approval in accordancewith the provisions of the State Council.
The approval of marine environmental impact report on a marine construction project shall be governed by the provisionsof the Marine Environment Protection Law of the People's Republic of China.
The approval department shall make an approval or disapproval decision and notify the construction entity in writing
respectively within 60 days of receipt of the environmental impact report and within 30 days of receipt of theenvironmental impact report form.
The state shall conduct recordation administration of the environmental impact registration form.
No fees may be charged for the examination and approval of the environmental impact report and report form of aconstruction project and for the recordation of the environmental impact registration form.

Article 23 The administrative department of the State Council in charge of environmental protection shall be responsible
for examining and approving the environmental impact appraisal documents of the following construction projects:
a. Special construction projects including nuclear facilities and top secret projects;b. Construction projects that include different provinces, autonomous regions or municipalities directly under the Central
Government;c. Construction projects subject to the examination and approval of the State Council or the relevant departments
authorized by the State Council.
The power to examine and approve the environmental impact appraisal documents of any construction project notmentioned in the preceding paragraph shall be subject to the prescription of the people's government of the provinces,autonomous regions and municipalities directly under the Central Government.
In case a construction project may cause unfavorable environmental impacts covering more than one administrative
region or if the relevant administrative departments of environmental protection have disputes over the appraisal
conclusion of the impacts imposed by the project concerned upon the environment, the environmental impact appraisal
documents shall be subject to the examination and approval of the administrative department of environmental protectionthat is the superior of all the administrative departments concerned.
Article 24 If, after the environmental impact appraisal document of a construction project has been approved, either thenature or scale or venue or the production techniques employed or the measures for preventing pollution and preventing
ecological damage has undergone substantial changes, the construction entity shall submit anew the environmental
impact appraisal documents of the construction project for examination and approval.
In case five years has passed after the environmental impact document of a construction project is approved when it isdecided to start the construction of the project, the environmental impact appraisal document thereof shall be submitted tothe original examination and approval department for examination and approval anew. The original examination approval
department shall, within 10 days after receiving the environmental impact appraisal document of the construction project,
inform the construction entity of the opinions of examination in written form.
Article 25 Where the environmental impact assessment document of a construction project fails to undergo theexamination of the approval department in accordance with the law or is disapproved after examination, the construction
entity shall not commence construction.
Article 26 In the process of constructing a project, the construction entity shall carry out the countermeasures forenvironmental protection as proposed in the comments of the examination and approval department of the environmental
impact report, the report form of environmental impacts and environmental impact appraisal documents.
Article 27 If, in the process of building or operating a project, any circumstance that is inconsistent with the approved
environmental impact appraisal document occurs, the construction entity shall organize a post-appraisal of theenvironmental impacts, take measures for improvement and report to the original examination and approval departmentof the environmental impact appraisal documents and the examination and approval department of the construction
project for archivist purposes. The original examination and approval department of the environmental impact appraisal
document may order the construction entity to conduct the post-appraisal of the environmental impacts and takemeasures for improvement.

Article 28 The administrative department of environmental protection shall make follow-up inspections to theenvironmental impacts incurred after the construction project is put into production or use, and shall find out the causes ofand those responsible for any serious environmental pollution or ecological damages. If it is caused by the untruthfulenvironmental impact appraisal document worked out by the institution that provides technical services to theenvironmental impact appraisal of the construction project, the institution shall be subject to assuming legal liabilities asprovided in Article 33 of the present Law. If it is cause by the negligence of duties or malfeasance of any of the staff of theexamination and approval department who has granted approval to the environmental impact appraisal document thatshould not have been approved, the person concerned shall be subject to assuming the legal liabilities as provided in
Article 35 of the present Law.
Chapter IV Legal Liabilities
Article 29 Where any authority that makes a plan fails to organize environmental impact assessment in violation of theprovisions of this Law, or practices fraud or neglects duty when organizing environmental impact assessment, whichcauses that the environment impact assessment is significantly inconsistent with the facts, the superior authority or thesupervisory authority shall, in accordance with law, take disciplinary actions against its directly responsible person in
charge and other directly liable persons.
Article 30 Where any program examination and approval organ unlawfully approves any program draft for which a chapter
or explanation of the environmental impacts should have been drafted or any special program draft to which anenvironmental impact report should have been attached, the person in-charge or other personnel who are held to be
directly responsible shall be given an administrative punishment by the superior organ or the government supervisionorgan.
Article 31 Where a construction entity unlawfully commences the construction of a project without submitting for approval
its environmental impact report or report form in accordance with the law, or without reporting for approval anew orrequesting the re-examination of the environmental impact report or report form in accordance with the provision of Article
24 of this Law, the environmental protection administrative department at or above the county level shall order it to cease
construction, and according to the circumstances of violation of law and damage, impose a fine of not less than 1% but
not more than 5% of the total investment of the construction project on it, and order it to restore to the original state; andin accordance with the law, take disciplinary actions against the directly responsible person in charge and other directly
liable persons of the construction entity.
Where the construction entity unlawfully commences construction of a project without obtaining the approval of its
environmental impact report or report form or without obtaining new approval of the original approval department upon
examination, it shall be punished or given disciplinary action in accordance with the provisions of the preceding
paragraph.
Where the construction entity fails to undergo recordation formalities for the environmental impact registration form of aconstruction project in accordance with the law, the environmental protection administrative department at or above thecounty level shall order it to undergo recordation, and impose a fine of not more than 50,000 yuan on it.
The construction entity of any marine construction project that commits any violation of law as set forth in this Article shallbe punished in accordance with the provisions of the Marine Environment Protection Law of the People's Republic ofChina.

Article 32 Where any institution that provides, upon entrustment, technical services in making environmental impact
appraisals for construction projects is remiss or practices fraud in the appraisal work so that the appraisal documents areinconsistent with the facts, it shall be degraded or the qualification certificate thereof shall be canceled by theadministrative department of environmental protection that has granted to it the qualifications for environmental impact
appraisals, and be fined up to three times the commissions charged. If any crime has been constituted, it shall be subject
to criminal liabilities.
Article 33 Where the department responsible for the examination, approval and recordation of environmental impact
assessment documents of construction projects charges fees in examination and recordation, its superior authority or
supervisory authority shall order it to return the fees; and if the circumstances are serious, take disciplinary actions
against its directly responsible person in charge and other directly liable persons in accordance with the law.
Article 34 In case any of the staff of the administrative department of environmental protection or any other department
seeks private gains by illegal means or abuses its power or neglects its duties or unlawfully grants approval to any
environmental impact appraisal document of any construction project, he shall be given an administrative punishment. If
any crime has been constituted, he shall be subject to criminal liabilities.
Chapter V Supplementary Provisions
Article 35 The people's government of the provinces, autonomous regions and municipalities directly under the Central
Government may, according to the practical situation of the local places, demand that environmental impact appraisals be
conducted for the programs worked out by the county-level people's government within their respective jurisdictions. The
specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the Central
Government according to the provisions of Chapter II of the present Law.
Article 36 The measures for conducting environmental impact appraisals to the construction projects of military facilities
shall be formulated by the Central Military Committee according to the present Law.
Article 37 The present Law shall become effective on September 1, 2003.

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