Environmental Impact Evaluation Of Construction Project Quality Management

Original Language Title: 建设项目环境影响评价资质管理办法

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(August 15, 2005 the State environmental protection administration released 26th come into force on January 1, 2006) Chapter I General provisions article to strengthen the environmental impact evaluation of construction project management, improving the quality of environmental impact assessment work, maintaining the order of environmental impact assessment, in accordance with the People's Republic of China environmental impact assessment law and the People's Republic of China relevant provisions of the administrative licensing law, these measures are formulated.
    Second article where accept delegate for construction project environment effect evaluation provides technology service of institutions (following referred to "evaluation institutions"), should according to this approach of provides application construction project environment effect evaluation qualification (following referred to "evaluation qualification"), by national environmental protection General review qualified, made construction project environment effect evaluation qualification certificate (following referred to "qualification certificate") Hou, party can in qualification certificate provides of qualification grade and evaluation range within engaged in environment effect evaluation technology service.
    Article assessment is divided into two levels of qualification. The State environmental protection administration in determining the level of qualification evaluation at the same time, according to the rating agency's professional expertise and the ability to work, to determine the appropriate scope.
    Range environmental impact report is divided into 11 smaller classes and table 2 categories of environmental impact report (Annex I).
    Article fourth grade a qualification evaluation assessment Agency (hereinafter "class a rating agency"), can be within the range specified in the certificate, take responsible for environmental protection departments at all levels to examine and approve the construction project environmental impact report and the preparation of the environmental impact report.
    Obtained grade b qualification evaluation of rating agencies (hereinafter "b class rating agencies"), within the range specified in the certificate, assume provincial environmental protection Administrative Department is responsible for the approval of the environmental impact statement or the preparation of the environmental impact report.
    Article fifth State applies a cap on the number of class a rating agency.
    State environmental protection administration, according to the environmental impact evaluation of construction project business needs determine different time limits, such as number of applicants eligible for these measures and, in accordance with its order to the complete application materials evaluation qualified decision whether or not to grant.
    Sixth certificate includes originals and copies, centrally printed and issued by the State environmental protection administration.
    Certificate use across the country, and is valid for 4 years.
    Article seventh environmental monitoring at all levels of the industry bodies and institutions providing technical assessment of the construction project environmental impact assessment, no application for qualification evaluation.
    Eighth State encourages assessment providers to actively upgrade the technical superiority, enhanced strength, take a variety of forms of restructuring reform, promoting environmental impact assessment to a specialized, large-scale, market-oriented development of the industry. Second chapter evaluation institutions of qualification conditions Nineth article class a evaluation institutions should has following conditions: (a) in People's Republic of China territory registration of various ownership enterprise or career corporate, has fixed of work places and work conditions, fixed assets many Yu 10 million Yuan, which corporate business registered funds not less than 3 million Yuan; (ii) can carried out planning, and major basin, and across provincial administrative construction project of environment effect evaluation ; Can independent prepared pollution factor complex or ecological environment effect major of construction project environment effect report book; can independent completed construction project of engineering analysis, and the environment elements and ecological environment of status survey and forecast evaluation and environmental protection measures of economic technology argument; has capacity analysis, and audit collaboration units provides of technology report and monitoring data; (three) has 20 name above environment effect evaluation full-time technicians, which at least has 10 name registration Yu the institutions of environment effect evaluation engineers, Environmental impact assessment should be made of other personnel post certificate. Environment effect report book evaluation range including nuclear industrial class of, full-time technicians in the also should at least has 3 name registered Yu the institutions of nuclear security engineers; (four) equipped with engineering analysis, and water environment, and atmosphere environment, and sound environment, and ecological, and solid waste, and environment engineering, and planning, and environment economic, and engineering estimates, aspects of professional technicians; (five) environment effect report book evaluation range within of each category should equipped with at least 3 name registration Yu the institutions of corresponding category of environment effect evaluation engineers,
    With at least 2 people and have corresponding categories above the provincial level environmental impact report for approval by the Administrative Department of environmental protection. Environment effect report table evaluation range within of special project environment effect report table category, should equipped with at least 1 name registration Yu the institutions of corresponding category of environment effect evaluation engineers; (six) near three years within presided over prepared had at least 5 items provincial above environmental protection administrative competent sector is responsible for approval of environment effect report book; (seven) has sound of environment effect evaluation work quality guarantee system; (eight) equipped with and evaluation range consistent of special instrument equipment, has file and figure document of digital processing capacity,
    Have a better computer network systems and records management systems. Tenth grade b rating agency shall satisfy the following conditions: (a) in the People's Republic of China various kinds of ownership or registered in a public institution, with a fixed place of work and working conditions, not less than 2 million yuan in fixed assets, corporate business with a registered capital of no less than 500,000 yuan.
    Which, evaluation range for environment effect report table of evaluation institutions, fixed assets many Yu 1 million Yuan, corporate business registered funds not less than 300,000 yuan; (ii) can independent prepared construction project of environment effect report book or environment effect report table; can independent completed construction project of engineering analysis, and the environment elements and ecological environment of status survey and forecast evaluation and environmental protection measures of economic technology argument; has capacity analysis, and audit collaboration units provides of technology report and monitoring data; (C) has at least 12 full-time technical staff of environmental impact assessment, including at least 6 registered in the Agency's environmental impact assessment engineer environmental impact assessment should be made of other personnel post certificate.
    Scope of environmental impact evaluation in the report including the nuclear industry, in full time technicians should also have at least 2 registered in the Agency's nuclear safety engineer.
    Evaluation range for environment effect report table of evaluation institutions, should has 8 name above environment effect evaluation full-time technicians, which at least has 2 name registration Yu the institutions of environment effect evaluation engineers, other personnel should made environment effect evaluation post certificate; (four) equipped with engineering analysis, and water environment, and atmosphere environment, and sound environment, and ecological, and solid waste, and environment engineering, aspects of professional technicians.
    Evaluation scope evaluation Agency for environmental impact report, to be equipped with engineering, environmental engineering, ecology and other aspects of professional and technical personnel; (e) the evaluation of environmental impact statement within each category shall be equipped with at least 2 registered in the appropriate category institutional environment impact assessment engineer, with at least 1 person and have corresponding categories of environmental impact reports.
    Environment effect report table evaluation range within of special project environment effect report table category, should equipped with at least 1 name registration Yu the institutions of corresponding category of environment effect evaluation engineers; (six) has sound of environment effect evaluation work quality guarantee system; (seven) equipped with and evaluation range consistent of special instrument equipment, has file and figure document of digital processing capacity, has more perfect of archives management system.
    Chapter evaluation qualifications application and review of the 11th State Environmental Protection Directorate is responsible for evaluating applications for qualification. 12th article application evaluation qualification of institutions, should submitted following material: (a) written application report; (ii) construction project environment effect evaluation qualification application table (annex II); (three) enterprise corporate license are, and copy copies or institutions corporate certificate are, and copy copies; (four) work places, and site proved; (five) this institutions environment effect evaluation engineers career qualification certificate, and environment effect evaluation post certificate and the ID pieces copies,
    Environment effect evaluation engineers registration card copies or intends registration Yu this institutions of environment effect evaluation engineers registration application material; application nuclear industrial class environment effect report book evaluation range of, also needed submitted this institutions nuclear security engineers practice industry qualification certificate, and registered card and the ID pieces copies; (six) environment effect evaluation related work performance proved; (seven) quality management system certification certificate copies or environment effect evaluation work quality guarantee system of other related file. 13th applicants three copies of application materials should be submitted to the State environmental protection administration.
    State environmental protection administration of China accepts the application for evaluation of qualifications, shall be issued to accept receipt. 14th State administration of environmental protection organizations to review the application materials, and from the date of acceptance of the application, within 20th qualified decision whether or not to grant evaluation.
    Specialists in the field do not count the time required.
    Decision to grant the evaluation of qualifications, shall make an evaluation of qualifications within 10th of the decision, to apply for a certificate of qualification issued by institutions; decided not to evaluate qualifications, it shall inform the applicant in writing and state the reasons.
    The State environmental protection administration in the evaluation qualifications before deciding whether or not to grant, Visual industry to seek applications for administrative departments and the provincial Department of environmental protection administration views.
    15th evaluation body for assessment scope adjustment, subject to article 12th of this approach (a), (b), (e) and (f) provision of material, existing certificates are also required, copies of copies.
    16th evaluation body for evaluating qualification b promotion, subject to article 12th materials submitted to these measures, also need to submit a copy of the existing certificate, copy. Article 17th rating agency changes its name, shall, within 60 days from the date of registration to apply for certificate of qualification assessment agency name change. Application Shi, except needed submitted this approach 12th article (a), and (ii) and (four) items provides of material outside, also needed submitted following material: (a) name change of about proved file; (ii) change Hou of enterprise corporate license are, and copy copies or institutions corporate certificate are, and copy copies; (three) existing qualification certificate are, and copy copies.

    Rating agencies due to reasons such as restructuring, separation or merger applications for name changes, also be submitted the article 12th (e) provision of material.
    State environmental protection administration, in accepting an application for change of name at the same time, should undertake a comprehensive review of the application materials and according to its original assessment of qualifications as well as restructuring, separation or merger actually achieved after the qualification, re-evaluation of qualifications and scope of the evaluation, but not promoted their level of qualification assessment or to expand its scope.
    Article 18th certificate has expired, the rating agencies need to continue engaging in technical services for environmental impact assessment, shall apply 90 days before the expiry of the validity period for an extension.
    Application evaluation qualifications continuation of institutions, shall be submitted to the provisions of article 12th materials and existing certificate, copy of the original.
    The State environmental protection administration organizations to review the application materials, before the expiry of the certificate, make a decision on whether to approve the extension.
    To comply with appropriate qualification and the provisions of article 29th of this approach for the evaluation and granting extension of not conforming to the corresponding qualification or for the evaluation of the provisions of article 29th, isn't renewed, notify the applicant in writing and state the reasons.
    Article 19th rating agencies, one of the following circumstances, the State environmental protection administration to remove his evaluation of qualifications: (a) the certificate expires without renewal; (b) the termination of legal personality.
    20th the State environmental protection administration announce the list of rating agencies on a regular basis.
    Fourth chapter management section 21st evaluation institutions of the evaluation should be responsible for environmental impact assessment conclusions.
    Chaired by rating agencies to prepare environmental impact reports and special project environmental impact report required by a registration to the Agency for the corresponding categories of environmental impact assessment engineer presided over general project environmental impact report required by a registration to the Agency for environmental impact assessment of engineers.
    Environmental impact report of the chapter and the environmental impact report of the topic should be addressed by this body of full-time technical staff Chair of environmental impact assessment. 22nd environmental impact reports and environmental impact report shall be attached to a table list table, Chair of the item listed and the chapter, full-time technical staff for environmental impact assessment of each topic names, registration of environmental impact assessment engineer environmental impact assessment post card or certificate number, and report of environmental impact assessment of the project under the auspices of the agent copy of registration certificate.
    Staff shall sign in the list, and assume the corresponding responsibility.
    23rd engineer certificate of environmental impact assessment environmental impact assessment and the Agency name in job evaluation institutions certificate name should be the same. Article 24th evaluation institution presided over the preparation of the environmental impact statement or environmental impact report must be attached to the side as the qualification certificates original Copier one-third Copier.
    Assumed Compact Edition should be indicated on the name of the project and environmental impact assessment of a file type, and sealed by the rating agency and the name of the legal representative.
    25th evaluation institutions should adhere to the principles of Justice, science, honest work, abide by professional ethics and emphasizes the professional reputation, responsible for social responsibility, is not inconsistent with national laws, regulations, policies and management requirements for environmental impact assessment shall not be refused without any legitimate reason for environmental impact assessment.
    Article 26th evaluation in the work of institutions in the environmental impact assessment, shall implement the standards stipulated by the State.
    27th economic types of evaluation, legal representatives, workplace and environmental impact assessment of change in full time technicians and other basic information, shall be reported to the State environmental protection administration in time for the record.
    28th rating agencies when you obtain a new certificate, you should return the original certificate to the State environmental protection administration.
    Lost certificates, State environmental protection administration should be reissued after a specified declared void in the public media.
    Article 29th serie a rating agency completed within the validity of the qualification certificate shall preside over at least 5 provincial environmental protection Administrative Department is responsible for the approval of the environmental impact statement.
    Class b rating agency completed within the validity of the qualification certificate shall preside over at least 5 environmental impact report or environmental impact report, in which the evaluation scope evaluation Agency for environmental impact report, completed within the validity of the qualification certificate shall preside over at least 5 environmental impact report.
    Article 30th evaluation annually fill out the "annual performance report of the construction project environmental impact assessment" (see annex III), which reported that the State General Administration of environmental protection before the end of March the following year, and reported to provincial administrative Department of environmental protection.
    The fifth chapter evaluation qualifications assessment 31st state environmental protection administration, is responsible for the evaluation and supervision bodies shall exercise unified supervision and management, organization or delegate to the provincial environmental protection administration departments to evaluate institutions carry out spot checks, and to publicize the situation.
    Article 32nd spot checks of major rating agencies qualification quality, environmental impact assessment, and check whether there is a violation of.
    In spot checks found that rating agencies do not meet the requirements of appropriate qualifications, the State environmental protection administration approved its evaluation of qualifications; found that rating agencies have the acts listed in article 35th to 38th by the State environmental protection administration in accordance with the relevant provisions of the measures will be punished.
    33rd levels of administrative authority in the area of environmental protection in the evaluation of environmental impact assessment agencies have day-to-day supervision and inspection duties.
    Responsible for environmental protection departments at all levels should strengthen the operational guidance on rating agencies, and file and approval of environmental impact assessment on the evaluation of the quality of the Agency's environmental impact assessment work of day-to-day assessment.
    Provincial Administrative Department of environmental protection organizations to evaluate the qualifications of agencies within their respective jurisdictions and environment impact assessment of quality and whether there is a violation of regular assessment.
    34th levels of environmental protection Administrative Department in day-to-day supervision and inspection found evaluation or assessment agency does not meet the appropriate qualifications or the acts listed in article 35th to 38th, it shall report thereon to the superior administrative Department of environmental protection, and the suggestion of punishment.
    Sixth chapter penalty is 35th article evaluation institutions in environment effect evaluation work in the not responsible or fraud, led environment effect evaluation file false of, national environmental protection General according to People's Republic of China environment effect evaluation method 33rd article of provides, reduced its evaluation qualification grade or revoked its qualification certificate, and premises received costs 1 time times above three times times following of fine, while according to about provides on presided over the environment effect evaluation file of environment effect evaluation engineers cancellation registration.
    36th article evaluation institutions has following behavior one of of, national environmental protection General canceled its evaluation qualification: (a) to cheat, and bribery, not due means made evaluation qualification of; (ii) altered, and reselling, and rental, and lending qualification certificate of; (three) beyond evaluation qualification grade, and evaluation range provides environment effect evaluation technology service of; (four) up not to evaluation qualification conditions or this approach 29th article provides of performance requirements of.
    Application evaluation qualified agency to hide relevant information or provides false information in an application for evaluation of qualifications, inadmissible or not to evaluate the qualifications of State environmental protection administration, and warned that within one year, the applicant may not apply again for qualification evaluation.
    Rating agencies obtained by fraud, bribery or other improper means to evaluate qualifications, apart from the qualification by the State environmental protection administration to cancel its evaluation, and evaluation institutions allowed to re-apply in three years to evaluate intelligence. 37th article evaluation institutions has following behavior one of of, national environmental protection General depending on plot weight, respectively give warning, and informed criticism, and ordered deadline rectification 3-12 months, and reduced evaluation range, and reduced qualification grade or canceled evaluation qualification, which ordered deadline rectification of, evaluation institutions in deadline rectification during, shall not bear environment effect evaluation work: (a) not by provides accept checks, and assessment or in checks, and assessment in the hide about situation, and provides false material of; (ii) not by provides filled or false "
    Annual performance report of the construction project environmental impact assessment ", (iii) is not on the 21st to 26th of requests for environmental impact assessment; (d) the type of economic evaluation Agency, legal representative, workplace and environmental impact assessment of change in full time technicians and other basic information, estimated times of record of the State environmental protection administration.
    38th article in approval, and checks or assessment in the found evaluation institutions presided over completed of environment effect report book or environment effect report table quality poor, has following case one of of, national environmental protection General depending on plot weight, respectively give warning, and informed criticism, and ordered deadline rectification 3-12 months, and reduced evaluation range or reduced qualification grade, which ordered deadline rectification of, evaluation institutions in deadline rectification during, shall not bear environment effect evaluation work: (a) construction project engineering analysis appeared larger errors of;
    (Ii) environment status description not clear or environment status monitoring data selection has obviously errors of; (three) environment effect recognition and evaluation factor filter exists larger omissions of; (four) environment standard applies errors of; (five) environment effect forecast and evaluation method not right of; (six) environment effect evaluation content not full, and up not to related technology requirements or not enough to support environment effect evaluation conclusion of; (seven) by proposed of environmental protection measures recommends not full, and not reasonable or not feasible of;
    (H) environmental impact assessment is not clear.
    Rating agencies irresponsible or resorting to deception in the environmental impact assessment, environmental impact assessment is wrong, be punished in accordance with the provisions of the present article 35th.
    39th State environmental protection administration, announced to the public in a timely manner in accordance with this approach is its qualification certificate, cancel the evaluation of qualifications, reduce the level of qualifications and reducing the scope of the evaluation the evaluation agencies. The seventh chapter by-laws

    40th evaluation institutions at all levels in the ocean is responsible for approval by the Administrative Department of marine engineering construction project environmental impact assessment document, shall be in accordance with these measures require appropriate qualifications and scope of the evaluation; produced by environmental impact assessment document can be viewed as the Nineth, tenth and 29th performance of environmental impact assessment provided for in article. 41st these measures come into force on January 1, 2006. March 30, 1999 issued by the State environmental protection administration, the management of environmental impact evaluation of construction project qualification certificate shall be annulled.

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