Decree of the President of the People's Republic of China

            No. 24    

        The Decision of the Standing Committee of the National People's Congress on the Amendment of Seven Laws, such as the Labor Law of the People's Republic of China, was adopted by the Seventh Meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 29, 2018, and is hereby promulgated for implementation from the date of promulgation.  

          Xi Jinping, President of the People's Republic of China   

         December 29, 2018 

       At the seventh meeting of the Standing Committee of the Thirteenth National People's Congress, it was decided that:  

       Amendment of Environmental Impact Assessment Law of the People's Republic of China 

      (1) The "administrative Department of environmental protection" in Article 6, paragraph 2, Article 9, Article 13, Article 16, paragraph 3, Article 17, paragraph 2, Article 22, paragraph 1, Article 23, Article 31 and Article 34 shall be amended to "competent Department of ecological environment".  

      (2) Article 19 shall be amended as follows: "A construction unit may entrust a technical unit to carry out environmental impact assessment of its construction projects, prepare environmental impact reports and environmental impact reports of construction projects; if a construction unit has the technical capacity of environmental impact assessment, it may carry out environmental impact assessment of its construction projects on its own, and prepare environmental impact reports and environmental impact reports of construction projects." Tell the table.  

      "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 the capacity-building guidelines 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."  

      (3) Article 20 shall be amended as follows: "The construction unit shall be responsible for the contents and conclusions of the environmental impact statement and the environmental impact statement of the construction project, and the technical unit entrusted with the preparation of the environmental impact statement and the environmental impact statement of the construction project shall bear the corresponding responsibility for the environmental impact statement and the environmental impact statement of the construction project prepared by the technical unit."  

      "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 department of ecological environment responsible for examining and approving environmental impact reports and environmental impact reports of construction projects shall record the relevant illegal information of the compiling units, the compiling presenters and the main compilers into the archives of social honesty and credit, and make it public to the society on the national credit information sharing platform and the credit information publicity system of state enterprises.            "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."  

      (4) Article 28 shall be amended as follows: "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 causes shall be ascertained and the responsibilities ascertained." Where there are obvious falsehoods in the basic data of the environmental impact statement and the environmental impact statement of a construction project, major defects, omissions or falsehoods in the contents, incorrect or unreasonable conclusions of the environmental impact assessment and other serious quality problems, 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 technical units and their related personnel in the declaration and environmental impact statement belong to the dereliction of duty and dereliction of duty of the staff members of the examination and approval department. If the environmental impact statement and environmental impact statement of a construction project which should not be approved according to law are approved, their legal liabilities shall be investigated in accordance with the provisions of Article 34 of this Law. 

      (5) Article 32 shall be amended as follows: "If the basic data of the environmental impact statement and the environmental impact statement of a construction project are obviously inaccurate, the contents 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 more than 500,000 yuan on the construction unit." A fine of less than 2 million yuan shall be imposed on the legal representatives, principal responsible persons, directly responsible persons and other directly responsible persons of the construction unit, and a fine of more than 50,000 yuan and less than 200,000 yuan shall be imposed.   

     "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 the environmental impact reports and environmental impact reports for construction projects, and incorrect conclusions of the environmental impact assessment. If serious quality problems are serious 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 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 compilation of environmental impact reports and environmental impact reports; if there are illegal gains, the illegal gains shall be confiscated.

      "If the compiling unit commits any illegal acts specified in the first and second paragraphs of this article, the compiling presiding officer and the main compiling personnel shall be prohibited from compiling environmental impact reports and environmental impact reports within five years; if a crime is constituted, criminal responsibility shall be investigated according to law, and the compiling of environmental impact reports and environmental impact reports shall be prohibited for life."