Chapter 1 General Provisions

Article 1: This Law is enacted to implement the strategy of sustainable development, prevent adverse environmental impacts resulting from the implementation of plans and construction projects, and promote coordinated development among the economy, society, and environment.

Article 2: The environmental impact assessment referred to in this Law means the methods and systems for analyzing, predicting, and evaluating the potential environmental impacts resulting from the implementation of plans and construction projects, proposing countermeasures and measures to prevent or mitigate adverse environmental impacts, and conducting follow-up monitoring.

Article 3: The preparation of plans within the scope prescribed in Article 9 of this Law, as well as the construction of projects with environmental impacts within the territory of the People's Republic of China and other maritime areas under the jurisdiction of the People's Republic of China, shall be subject to environmental impact assessment in accordance with this Law.

Article 4: Environmental impact assessments must be objective, transparent, and impartial, comprehensively considering the potential impacts of planned or constructed projects on various environmental factors and the ecosystems they comprise, thereby providing a scientific basis for decision-making.

Article 5: The State encourages relevant organizations, experts, and the public to participate in environmental impact assessments in appropriate ways.

Article 6: The State shall strengthen the construction of a basic database and an evaluation indicator system for environmental impact assessment. It shall encourage and support scientific research on methods and technical standards for environmental impact assessment, establish a necessary information-sharing system for environmental impact assessment, and enhance the scientific rigor of environmental impact assessment.

The administrative department for environmental protection under the State Council shall, in collaboration with relevant departments of the State Council, organize the establishment and improvement of a basic database and an evaluation indicator system for environmental impact assessments.

Chapter 2: Environmental Impact Assessment of the Plan

Article 7: The relevant departments of the State Council, as well as the people's governments at or above the prefectural-level and their respective departments, shall, during the preparation of land-use plans they organize and formulate, as well as construction, development, and utilization plans for regions, river basins, and marine areas, conduct environmental impact assessments and prepare chapters or explanatory notes on the environmental impacts associated with these plans.

The chapter or statement concerning environmental impacts shall analyze, predict, and assess the potential environmental impacts resulting from the implementation of the plan, and propose countermeasures and measures to prevent or mitigate adverse environmental effects. These shall be submitted together with the draft plan as an integral part of the plan submission to the authority responsible for plan approval.

Planning drafts that do not include chapters or explanations on environmental impacts will not be approved by the approving authority.

Article 8: The relevant departments of the State Council, as well as the people's governments at or above the prefectural level and their respective departments, shall, prior to submitting a draft of any special plan—such as those concerning industry, agriculture, animal husbandry, forestry, energy, water resources, transportation, urban construction, tourism, and natural resource development—for approval, conduct an environmental impact assessment and submit an environmental impact report to the authority responsible for approving the special plan.

The guiding plans among the special plans listed in the preceding paragraph shall undergo environmental impact assessment in accordance with the provisions of Article 7 of this Law.

Article 9: The specific scope of plans subject to environmental impact assessment in accordance with the provisions of Articles 7 and 8 of this Law shall be stipulated by the administrative department for environmental protection under the State Council, in conjunction with relevant departments under the State Council, and submitted to the State Council for approval.

Article 10: The environmental impact assessment report for a special plan shall include the following contents:

(1) Analysis, prediction, and assessment of the potential environmental impacts of implementing this plan;

(2) Measures and strategies for preventing or mitigating adverse environmental impacts;

(3) Conclusion of the environmental impact assessment.

Article 11: The agency responsible for preparing a special plan shall, prior to submitting the draft plan for approval, hold a deliberation meeting, a hearing, or adopt other appropriate means to solicit comments from relevant organizations, experts, and the public on the draft environmental impact assessment report if the plan is likely to cause adverse environmental impacts and directly affect the public’s environmental rights and interests. However, this requirement does not apply in cases where confidentiality is mandated by national regulations.

The drafting agency shall carefully consider the comments on the draft environmental impact assessment report submitted by relevant organizations, experts, and the public, and shall include in the environmental impact assessment report submitted for review a statement explaining which of these comments have been adopted and which have not.

Article 12: When submitting a draft special plan for approval, the agency responsible for preparing the special plan shall simultaneously submit the environmental impact assessment report to the approving authority for review. If the environmental impact assessment report is not submitted, the approving authority shall not grant approval.

Article 13: Before approving draft special plans and making decisions, the people's governments at or above the prefectural-level shall first convene, under the auspices of the environmental protection administrative department or other relevant departments designated by the people's government, a review panel composed of representatives from relevant departments and experts to examine the environmental impact assessment report. The review panel shall submit a written review opinion.

Experts participating in the review panel specified in the preceding paragraph shall be selected by random drawing from the list of experts in relevant specialties maintained in the expert database established in accordance with the regulations of the administrative authority for environmental protection under the State Council.

The review procedures for the environmental impact assessment reports of special plans approved by the relevant departments of people's governments at or above the provincial level shall be formulated jointly by the administrative department for environmental protection under the State Council and the relevant departments of the State Council.

Article 14: When reviewing draft special plans, the people's governments at or above the prefectural-level city level or the relevant departments of the people's governments at or above the provincial level shall regard the conclusions of the environmental impact assessment report and the review opinions as important bases for decision-making.

If the conclusions of the environmental impact assessment report and the review comments are not adopted during the approval process, an explanation shall be provided and the documentation shall be filed for future reference.

Article 15: After the implementation of plans that have significant impacts on the environment, the drafting agency shall promptly organize a follow-up environmental impact assessment and report the assessment results to the approving authority. If any obvious adverse environmental impacts are identified, the agency shall promptly propose corrective measures.

Chapter 3: Environmental Impact Assessment of Construction Projects

Article 16: The State shall implement classified management of environmental impact assessments for construction projects based on the degree of their environmental impacts.

The project developer shall organize the preparation of an environmental impact report, an environmental impact statement, or the completion of an environmental impact registration form (hereinafter collectively referred to as the environmental impact assessment document) in accordance with the following provisions:

(1) For projects that may cause significant environmental impacts, an Environmental Impact Report shall be prepared to conduct a comprehensive assessment of the resulting environmental impacts.

(2) For projects that may cause minor environmental impacts, an Environmental Impact Report Form shall be prepared to analyze or conduct a special assessment of the resulting environmental impacts.

(3) For projects that have minimal environmental impacts and do not require an environmental impact assessment, an Environmental Impact Registration Form shall be submitted.

The catalog for the classified management of environmental impact assessments for construction projects shall be formulated and published by the administrative department for environmental protection under the State Council.

Article 17: The environmental impact assessment report for a construction project shall include the following contents:

(1) Overview of the construction project;

(2) Current environmental conditions surrounding the construction project;

(3) Analysis, prediction, and assessment of the potential environmental impacts of the construction project;

(4) Environmental protection measures for the construction project, along with their technical and economic justifications;

(5) Economic analysis of the environmental impacts and benefits of the construction project;

(6) Recommendations for implementing environmental monitoring for construction projects;

(7) Conclusion of the environmental impact assessment.

Construction projects involving soil and water conservation must also have a soil and water conservation plan that has been reviewed and approved by the competent water administration authority.

The content and format of the Environmental Impact Report Form and the Environmental Impact Registration Form shall be formulated by the administrative department for environmental protection under the State Council.

Article 18: The environmental impact assessment of a construction project shall avoid duplication with the environmental impact assessment of the relevant plan.

As part of the planning for an overall construction project, an environmental impact assessment shall be conducted in accordance with the requirements for construction projects, rather than conducting a separate environmental impact assessment for the plan itself.

For specific construction projects included in plans that have already undergone an environmental impact assessment, the construction entity may simplify the content of the environmental impact assessment.

Article 19: Institutions entrusted with providing technical services for environmental impact assessments of construction projects shall, after passing the assessment and review conducted by the administrative department for environmental protection under the State Council, be issued a qualification certificate. They shall conduct environmental impact assessment services in accordance with the levels and scope specified in their qualification certificates and shall be responsible for the conclusions of their assessments. The qualification requirements and management measures for institutions providing technical services for environmental impact assessments of construction projects shall be formulated by the administrative department for environmental protection under the State Council.

The administrative department of environmental protection under the State Council shall publish the list of institutions that have obtained qualification certificates and provide technical services for environmental impact assessments of construction projects.

An organization providing technical services for environmental impact assessments of construction projects shall not have any vested interests with the environmental protection administrative authority or any other relevant approval authority responsible for reviewing and approving environmental impact assessment documents for such projects.

Article 20: The environmental impact assessment report or the environmental impact assessment form included in the environmental impact assessment documents shall be prepared by an organization possessing the appropriate qualifications for conducting environmental impact assessments.

No organization or individual may designate an agency to conduct environmental impact assessments for a construction project on behalf of the project developer.

Article 21: Except in cases where confidentiality is required by national regulations, for construction projects that may have a significant impact on the environment and are thus required to prepare an environmental impact report, the project proponent shall, prior to submitting the environmental impact report for approval, hold a feasibility study meeting, a public hearing, or adopt other appropriate means to solicit comments from relevant organizations, experts, and the general public.

The environmental impact report submitted for approval by the construction entity shall include a statement explaining which opinions from relevant organizations, experts, and the public have been adopted and which have not.

Article 22: The environmental impact assessment documents for construction projects shall be submitted by the project developer to the environmental protection administrative authority with approval powers in accordance with the regulations of the State Council. If a construction project falls under the jurisdiction of a specialized industry authority, its environmental impact report or environmental impact statement shall first undergo a preliminary review by the specialized industry authority before being submitted to the environmental protection administrative authority with approval powers for approval.

The approval of the marine environmental impact assessment report for marine engineering construction projects shall be carried out in accordance with the provisions of the "Law of the People's Republic of China on the Protection of Marine Environment."

The approving authority shall, within 60 days from the date of receipt of the environmental impact report, within 30 days from the date of receipt of the environmental impact statement, and within 15 days from the date of receipt of the environmental impact registration form, respectively make an approval decision and notify the project proponent in writing.

No fees may be charged for the preliminary review, examination, and approval of environmental impact assessment documents for construction projects.

Article 23: The administrative department of environmental protection under the State Council is responsible for reviewing and approving the environmental impact assessment documents for the following construction projects:

(1) Construction projects with special characteristics, such as nuclear facilities and top-secret projects;

(2) Construction projects spanning the administrative regions of provinces, autonomous regions, and municipalities directly under the central government;

(3) Construction projects approved by the State Council or approved by relevant departments authorized by the State Council.

The approval authority for environmental impact assessment documents of construction projects not covered by the preceding provision shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the central government.

If a construction project may cause adverse environmental impacts spanning across administrative regions, and the environmental protection administrative authorities concerned disagree on the conclusions of the project’s environmental impact assessment, the environmental impact assessment document shall be approved by the common higher-level environmental protection administrative authority.

Article 24: After the environmental impact assessment document for a construction project has been approved, if there are significant changes to the nature, scale, location of the project, or to the production processes adopted, or to the measures taken for pollution control and ecological conservation, the project proponent shall re-submit the environmental impact assessment document for approval.

If, from the date of approval, more than five years have elapsed before a decision is made to commence construction of a project, the environmental impact assessment document for that project shall be resubmitted to the original approving authority for re-examination. The original approving authority shall, within ten days from the date of receipt of the project’s environmental impact assessment document, notify the project entity in writing of its review opinion.

Article 25: If the environmental impact assessment document for a construction project has not been reviewed by the approval authority prescribed by law, or if it has been reviewed but not approved, the approval authority shall not approve the project’s construction, and the project developer shall not commence construction.

Article 26: During the construction of a project, the project entity shall simultaneously implement the environmental protection measures proposed in the Environmental Impact Report, the Environmental Impact Statement, and the approval opinions issued by the authority that approved the environmental impact assessment documents.

Article 27: If, during the construction and operation of a project, circumstances arise that are inconsistent with the approved environmental impact assessment document, the project proponent shall organize a post-assessment of the environmental impact, adopt corrective measures, and file a record with both the original authority that approved the environmental impact assessment document and the authority that approved the project. The original authority that approved the environmental impact assessment document may also require the project proponent to conduct a post-assessment of the environmental impact and take corrective measures.

Article 28: The administrative department for environmental protection shall conduct follow-up inspections on the environmental impacts generated after a construction project is put into production or use. In cases where serious environmental pollution or ecological damage has occurred, the causes and responsibilities shall be thoroughly investigated and determined. For institutions providing technical services for environmental impact assessments of construction projects that prepare false environmental impact assessment documents, their legal responsibilities shall be pursued in accordance with the provisions of Article 33 of this Law. If staff members of the approval authorities have been negligent or derelict in their duties and have approved environmental impact assessment documents for construction projects that should not have been approved according to law, their legal responsibilities shall be pursued in accordance with the provisions of Article 35 of this Law.

Chapter Four: Legal Liability

Article 29: If the agency responsible for preparing a plan violates the provisions of this Law by falsifying information or acting negligently when conducting an environmental impact assessment, resulting in a seriously inaccurate environmental impact assessment, the directly responsible principal and other persons directly liable shall be subject to administrative disciplinary action by their superior authorities or supervisory organs in accordance with the law.

Article 30: If the planning approval authority unlawfully approves a draft plan that, according to law, should have included a chapter or explanation on environmental impacts but did not, or a special-purpose plan draft that, according to law, should have been accompanied by an environmental impact assessment report but was not, the directly responsible principal and other directly liable personnel shall be subject to administrative disciplinary action by their superior authorities or supervisory organs in accordance with the law.

Article 31: If a construction entity commences construction without having legally submitted for approval the environmental impact assessment document for the project, or without re-submitting for approval or requesting a re-examination of the environmental impact assessment document in accordance with Article 24 of this Law, the administrative department of environmental protection authorized to approve the project’s environmental impact assessment document shall order the construction to be halted and set a deadline for the entity to complete the necessary procedures. If the entity fails to complete the procedures within the prescribed deadline, it may be fined between 50,000 and 200,000 yuan. In addition, the directly responsible persons-in-charge and other personnel directly liable within the construction entity shall be subject to administrative disciplinary action in accordance with the law.

If a construction project commences construction without obtaining approval for its environmental impact assessment documents or without re-approval from the original approving authority, the environmental protection administrative department authorized to approve the project’s environmental impact assessment documents shall order the construction to be halted and may impose a fine ranging from 50,000 yuan to 200,000 yuan. In addition, the directly responsible persons in charge and other individuals bearing direct responsibility within the construction entity shall be subject to administrative disciplinary action in accordance with the law.

If the construction entity of an ocean engineering project commits any of the illegal acts listed in the preceding two paragraphs, it shall be penalized in accordance with the provisions of the "Marine Environmental Protection Law of the People's Republic of China."

Article 32: If a construction project is required by law to undergo an environmental impact assessment but fails to do so, or if the environmental impact assessment document has not been approved in accordance with the law, and the approving authority nevertheless approves the project’s construction, the directly responsible principal officials and other persons directly liable shall be subject to administrative disciplinary action by their superior authorities or supervisory organs in accordance with the law. If such conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 33: If an organization entrusted with providing technical services for environmental impact assessments of construction projects is irresponsible or engages in fraud during the environmental impact assessment process, resulting in inaccurate environmental impact assessment documents, the environmental protection administrative authority that granted its environmental impact assessment qualification shall downgrade its qualification level or revoke its qualification certificate, and impose a fine ranging from one to three times the fees collected. If the conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 34: If the departments responsible for the preliminary review, examination, and approval of environmental impact assessment documents for construction projects charge fees during the approval process, their superior authorities or supervisory organs shall order them to refund such fees. In cases of serious violations, the directly responsible supervisors and other persons directly liable shall be subject to administrative disciplinary action in accordance with the law.

Article 35: If staff members of the environmental protection administrative department or other departments engage in corruption, abuse their authority, neglect their duties, or unlawfully approve environmental impact assessment documents for construction projects, they shall be subject to administrative disciplinary action in accordance with the law; if their actions constitute a crime, they shall be prosecuted for criminal liability in accordance with the law.

Chapter V: Supplementary Provisions

Article 36: The people's governments of provinces, autonomous regions, and municipalities directly under the central government may, based on local conditions, require environmental impact assessments of plans prepared by the county-level people's governments within their jurisdictions. Specific measures shall be formulated by the provinces, autonomous regions, and municipalities directly under the central government in reference to the provisions of Chapter II of this Law.

Article 37: The methods for conducting environmental impact assessments of military facility construction projects shall be formulated by the Central Military Commission in accordance with the principles set forth in this Law.

Article 38: This Law shall come into force on September 1, 2003.