(Adopted by the Standing Committee of the Ninth National People's Congress at its 30th meeting on 28 October 2002 and promulgated by Decree No. 77 of the President of the People's Republic of China on 28 October 2002, effective from 1 September 2003)

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 ive, 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 data 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 data 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 formulating plans for land use, construction, development and utilization of regions, river basins and sea areas, and prepare relevant environmental impact plans. A passage or deion.  Chapters or deions 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 deion on environmental impact.

Article 8 The relevant departments of the State Council, the local people's governments at or above the municipal level with districts and their relevant departments shall formulate special plans for industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism and natural resources development (hereinafter referred to as special plans) organized by them. Before submitting the draft plan for examination and approval, the organization shall conduct an environmental impact assessment and submit an environmental impact report to the organ that examines and approves 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) countermeasures and measures to prevent or mitigate adverse environmental impacts; (3) conclusions 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 deion 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 When examining and approving the draft special plan, the people's governments at or above the municipal level or the relevant departments of the people's governments at or above the provincial level with districts shall take the conclusions of the environmental impact statement and the opinions of the examination as the important basis for decision-making. If the conclusions 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 and prepare 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, environmental impact reports shall be prepared 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 carry out an analysis or a special assessment of the resulting environmental impact; (3) Where there is little environmental impact and no need for an 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 the construction project; (2) current situation of the surrounding environment of the construction project; (3) analysis, prediction and evaluation of the possible impact of the construction project on the environment; (4) measures for environmental protection of the construction project and its technical and economic demonstration;（ (5) Economic profit and loss analysis of environmental impact of construction projects; (6) Suggestions on environmental monitoring of construction projects; (7) conclusions of environmental impact assessment. Construction projects involving soil and water conservation must also have a water and soil conservation plan approved by the competent water administration department. 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 specific construction projects included in the plan of environmental impact assessment have been carried out, and the content of environmental impact assessment can be simplified by the construction units.

Article 19 Institutions entrusted with providing technical services for environmental impact assessment of construction projects shall, after passing the examination and examination by the competent administrative department of environmental protection under the State Council, issue qualification certificates, engage in environmental impact assessment services in accordance with the grades and evaluation scope specified in the qualification certificates, and be responsible for the evaluation conclusions. The qualifications and management measures of institutions providing technical services for environmental impact assessment of construction projects shall be formulated by the competent administrative department of environmental protection under the State Council. The competent administrative department of environmental protection under the State Council shall publish the list of institutions that have obtained qualification certificates to provide technical services for environmental impact assessment of construction projects.  Institutions providing technical services for environmental impact assessment of construction projects shall not have any interest relationship with the competent administrative department of environmental protection or other relevant examination and approval departments responsible for examining and approving environmental impact assessment documents of construction projects.

Article 20 Environmental impact reports or environmental impact reports in environmental impact assessment documents shall be prepared by institutions with corresponding qualifications for environmental impact assessment. No unit or individual may designate an institution for environmental impact assessment of its construction projects for the construction unit.

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, construction units shall hold demonstration meetings, hearings or other forms before submitting environmental impact reports for construction projects, and solicit relevant units, experts and organizations. Public opinion. 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 assessment documents of construction projects shall be submitted to the competent administrative department of environmental protection for examination and approval by the construction unit in accordance with the provisions of the State Council; if the construction projects have competent departments of the industry, the environmental impact statement or the environmental impact statement shall be submitted to the competent authorities of the industry for examination and approval after the preliminary examination and approval. The administrative department of environmental protection shall examine and approve it. 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 examination and approval department shall, within 60 days from the date of receipt of the EIS, within 30 days from the date of receipt of the EIS, and within 15 days from the date of receipt of the EIS registration form, make respective approval decisions and notify the construction unit in writing. No fee shall be charged for the pre-examination, examination and approval of environmental impact assessment documents for 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) examination and approval by the State Council or by the State Council. Authorize relevant departments to examine and approve construction projects. 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 The nature and scale of a construction project shall be determined after approval of the environmental impact assessment documents for the construction project.

Article 25 If the environmental impact assessment document of a construction project has not been examined or approved by the examination and approval department prescribed by law, the examination and approval department of the project shall not approve its construction and 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 the environmental impact, take measures for improvement, and report it to the examination and approval department of the original environmental impact assessment documents and the construction project approval department for the record; and the examination and approval of the original environmental impact assessment documents shall be carried out. The approval department may also instruct the construction unit to conduct a post-assessment of the environmental impact and take improvement measures.

Article 28 The competent administrative department of environmental protection shall follow up and inspect the environmental impact 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 an institution that provides technical services for environmental impact assessment of construction projects compiles false environmental impact assessment documents, its legal liability shall be investigated in accordance with the provisions of Article 33 of this Law; if a staff member of the examination and approval department fails to perform his or her duties, he or she shall approve the environmental impact assessment documents of construction projects that should not be approved according to law. They shall be investigated for their legal liability in accordance with the provisions of Article 35 of this Law.

Chapter IV Legal Liability

Article 29 Where planning and preparation organs, in violation of the provisions of this Law, commit fraud or negligence in organizing environmental impact assessment, resulting in serious falsehoods in environmental impact assessment, the directly responsible persons in charge and other directly responsible persons shall be given administrative sanctions by the higher authorities or supervisory organs according to law.

Article 30 The planning examination and approval organ shall, in accordance with the law, attach a special draft of the planning which is not attached to the environmental impact report but a chapter or deion concerning the environmental impact, and approve it illegally, and the person in charge who is directly responsible shall be the one who is in charge.

Other persons directly responsible shall be given administrative sanctions by higher authorities or supervisory organs according to law.

Article 31 The competent administrative department of environmental protection shall be responsible for starting construction without authorization if the construction unit fails to submit the environmental impact assessment documents for construction projects in accordance with the law, or to re-submit the environmental impact assessment documents for approval or re-examine the environmental impact assessment documents in accordance with the provisions of Article 24 of this Law. Orders to stop construction and make up the formalities within a time limit; those who fail to make up the formalities within the time limit may be fined not less than 50,000 yuan but not more than 200,000 yuan, and administrative sanctions shall be imposed on the persons in charge and other persons directly responsible for the construction unit according to law. If the environmental impact assessment document of a construction project has not been approved or re-examined and approved by the original examination and approval department, and the construction unit starts construction without authorization, the competent administrative department of environmental protection that has the authority to examine and approve the environmental impact assessment document of the project shall order it to stop construction, and may impose a fine of more than 50,000 yuan and less than 200,000 yuan. The persons in charge and other persons directly responsible for the unit shall be given administrative sanctions according to law. If a construction unit of a marine engineering construction project commits any of the illegal acts listed in the preceding two paragraphs, it shall be punished in accordance with the provisions of the Marine Environment Protection Law of the People's Republic of China.

Article 32 A construction project shall be subject to environmental impact assessment without evaluation according to law, or if the environmental impact assessment document has not been approved in accordance with law, and the examination and approval department approves the construction of the project without authorization, administrative sanctions shall be imposed on the directly responsible persons in charge and other directly responsible persons by the higher authorities or the supervisory organs in accordance with law. Those who commit crimes shall be investigated for criminal responsibility according to law.

Article 33 If the institutions entrusted with providing technical services for environmental impact assessment of construction projects are irresponsible or fraudulent in the work of environmental impact assessment, resulting in the falsification of the environmental impact assessment documents, the competent administrative department of environmental protection conferring the qualification for environmental impact assessment shall lower its qualification level or cancel its qualification. Qualification certificates shall be imposed with fines of more than twice and less than three times the fees charged by the premises; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 34 Where the Department responsible for the pre-examination, examination and approval of environmental impact assessment documents for construction projects collects fees in the examination and approval, the higher authorities or supervisory organs shall order them to return the fees; 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 35 Any staff member of the competent administrative department of environmental protection or other departments who engages in malpractices for personal gain, abuses his power, neglects his duty and illegally approves environmental impact assessment documents for construction projects shall be given administrative sanctions according to law; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

Chapter V Supplementary Provisions

Article 36 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 37 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 Law. Article 38 This Law shall come into force as of September 1, 2003.