The Construction Project Environmental Impact Assessment Code Of Conduct And Integrity Guidelines

Original Language Title: 建设项目环境影响评价行为准则与廉政规定

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(November 23, 2005 the State environmental protection administration released 30th come into force on January 1, 2006) Chapter I General provisions article regulating the construction project environmental impact assessment Act, strengthen the management of the construction project environmental impact assessment and a clean and honest Government, ensure clean and efficient environmental protection of construction projects management according to law, these provisions are formulated.
    Provisions of this article apply to the construction project environmental impact assessment, technology assessment, completion and acceptance of environmental protection acceptance check monitoring or investigation (hereinafter "acceptance monitoring or investigation"), as well as the environmental impact evaluation of construction project document approvals and environmental protection acceptance check of construction project.
    Article the construction project environmental impact assessment, technical evaluation, monitoring or survey work units and individuals, as well as the Administrative Department of environmental protection and its staff shall comply with relevant laws, regulations, rules, policies and requirements set out in this, adhere to the principles of integrity, independence, objectivity and impartiality, and consciously accept supervision by the authorities concerned.
    Second chapter behavior guidelines fourth article bear construction project environment effect evaluation work of institutions (following referred to "evaluation institutions") or its environment effect evaluation technicians, should comply with following provides: (a) evaluation institutions and the evaluation project head should on environment effect evaluation conclusion is responsible for; (ii) established strictly of environment effect evaluation file quality audit system and quality guarantee system, clear responsibility, implementation environment effect evaluation quality guarantee measures, and accept environmental protection administrative competent sector of daily supervision check; (Three) shall not for violation national industry policy and national expressly ban construction of construction project for environment effect evaluation; (four) must in accordance with about of technology specification requirements prepared environment effect evaluation file; (five) should strictly implementation national and place provides of charges standard, shall not free raised or down evaluation costs or take other not due competition means; (six) evaluation institutions should according to corresponding environment effect evaluation qualification grade, and evaluation range bear environment effect evaluation work, Shall not no any due reason refused to bear environment effect evaluation work; (seven) shall not subcontracting or disguised subcontracting environment effect evaluation business, shall not transfer environment effect evaluation qualification certificate; (eight) should for units conservative technology secret and business secret; (nine) in environment effect evaluation work in the shall not hide real situation, and provides false material, and made up data or implementation other fraud behavior; (10) should according to environmental protection administrative competent sector of requirements,
    To participate in the environmental impact assessment of construction project completion and acceptance of environmental protection work, and answering acceptance Committee (Group) the issues raised (11) environmental impact assessment work shall not conduct other honest, independent, objective and fair activities. Fifth article bear environment effect evaluation technology assessment work of units (following referred to "technology assessment institutions") or its technology assessment personnel, and review experts,, should comply with following provides: (a) technology assessment institutions and main head should on environment effect evaluation file of technology assessment conclusion is responsible for; (ii) should to science attitude and method, strictly in accordance with technology assessment work of about provides and program, facts, independent, and objective, and just to on project made technology assessment or proposed views, And accept environmental protection administrative competent sector of daily supervision check; (three) ban obtained or received units, and evaluation institutions or personal gift of property or give of other improper interests, shall not let units, and evaluation institutions or personal claims should by assessment institutions or its technology assessment personnel, and review experts personal burden of costs (by about provides charged of advisory fee, except); (four) ban to units, and evaluation institutions or personal proposed and technology assessment work has nothing to do of requirements or hinted, shall not accept invited, Participate in tourism, and social business sex entertainment of activities and any gambling nature of activities; (five) technology assessment personnel, and review experts shall not to personal name participate in environment effect report book prepared work or on environment effect evaluation outline and environment effect report book provides advisory; bear technology assessment work Shi, and units, and evaluation institutions or personal has directly interest relationship of, should avoided; (six) technology assessment personnel, and review experts shall not leaked units, and
    Evaluation institutions or personal of technology secret and business secret and assessment work inside, shall not unauthorized on units, and evaluation institutions or personal made and assessment work about of commitment; (seven) technology assessment personnel in technology assessment work in the, shall not accept Advisory fee, and review fee, and experts fee, related costs; (eight) shall not for other hamper technology assessment work clean, and independent, and objective, and just of activities. Sixth article bear acceptance monitoring or survey work of units and acceptance monitoring or survey personnel, should comply with following provides: (a) acceptance monitoring or survey units and main head should on construction project completed environmental protection acceptance monitoring report or acceptance survey report conclusion is responsible for; (ii) established strictly of quality audit system and quality guarantee system, strictly according to national about legal regulations regulations, and technology specification and technology requirements, carried out acceptance monitoring or survey work and prepared acceptance monitoring or acceptance survey report,
    And accept environmental protection administrative competent sector of daily supervision check; (three) acceptance monitoring report or acceptance survey report should truthfully reflect construction project environment effect evaluation file of implementation situation and effect; (four) ban leaked construction project technology secret and business secret; (five) in acceptance monitoring or survey process in the shall not hide real situation, and provides false material, and made up data or implementation other fraud behavior; (six) acceptance monitoring or survey charges should strictly implementation national and place about provides;
    (VII) not in the monitoring or survey work for individuals for personal gain and (VIII) shall not conduct other inspection or investigation integrity, independence, objectivity and impartiality.
    Article seventh units shall carry out environmental impact assessment, go through the document of the construction project environmental impact assessment procedures, accepting and facilitating technical assessment of evaluation, inspection or investigation unit to monitor or investigate, upon request and all materials and information related to the project. The construction unit shall comply with the following provisions: (a) shall not in the construction project environmental impact assessment, technical evaluation, inspection or investigation and environmental impact assessment document approval and acceptance of environmental protection in the process of concealing the facts, providing false information, fabricating data or carry out other acts of fraud, (ii) shall not be liable to the organization or the construction project environmental impact assessment, technology assessment,
    Inspection or investigation document approval and acceptance of environmental protection and environmental impact assessment work of the unit or improper personal gifts or promised gifts of property or other benefits and (iii) shall not impede the construction project environmental impact assessment, technical evaluation, monitoring or investigation and environmental impact assessment document approval and acceptance of environmental protection for clean, independent, objective and fair activities.
    Chapter III article eighth Administrative Department of environmental protection of the ICAC should adhere to both, and combination of comprehensive treatment and prevention, prevention-oriented approach, establish a sound education, system and supervision system of punishing and preventing corruption.
    Environmental protection administrative competent sector of staff in environment effect evaluation file approval and environmental protection acceptance work in the should followed political serious, and discipline strict, and style rigorous, and management strictly and image neat of principles, in thought, and political Shang, and speech Shang, and action Shang and Central keep consistent, party, and ruling for people, strongly implementation clean government provides, carried out anti-corruption activities, strictly law administrative, strictly comply with discipline, close masses, consciously maintenance civil servants image.
    Nineth article in construction project environment effect evaluation file approval and the environmental protection acceptance work in the, environmental protection administrative competent sector and staff should comply with following provides: (a) shall not using work of will to any units specified evaluation institutions, marketing environmental products, referral environmental design, and environmental facilities operation units, participation paid intermediary activities; (ii) shall not accept Advisory fee, and review fee, and experts fee, all related costs;
    (Three) shall not participate in all and construction project environment effect evaluation file approval and the environmental protection acceptance work about of, and or by public funds paid of hosted; (four) shall not using work of will eat, and took, and card, and to, charged gift, and gift, and securities or items, or abuse make trading; (five) shall not participation with public funds paid of all entertainment consumption activities, is strictly prohibited participate in not health of entertainment activities; (six) shall not in reception visiting or phone Advisory in the appeared indifference, and stiff, and outrageous, and shuffle, attitude;
    (VII) not ultra vires, misconduct, favoritism, or breaches of administrative requirements of fairness, impartiality, openness Act; (VIII) other barriers to the construction project environmental impact assessment shall not file for approval and acceptance of environmental protection for clean, independent, objective and fair activities.
    Fourth chapter supervision and accountability article tenth Administrative Department of environmental protection in accordance with the approval of the environmental impact evaluation of construction project file on the construction project environmental impact assessment, technical evaluation, monitoring or survey work supervision and inspection.
    Discipline inspection and supervision departments stationed in environmental protection Administrative Department the construction project environmental impact assessment document approval and acceptance of environmental protection work, to supervise and inspect.
    Administrative Department of environmental protection to the next level at a higher level of the Administrative Department of environmental protection document of the construction project environmental impact assessment approval and acceptance of environmental protection work, to supervise and inspect.
    11th on the construction project environmental impact assessment, technical evaluation, monitoring or investigation and environmental impact evaluation of construction project document approval, supervision and inspection and acceptance of environmental protection work can take the form of regular supervision and special supervision and inspection. Regular supervision refers to the construction project environmental impact assessment, technical evaluation, monitoring or investigation and environmental impact evaluation of construction project document approval, supervision and inspection and acceptance of environmental protection for the entire process.

    Special supervision and inspection is the construction project environmental impact assessment, technical evaluation, monitoring or investigation and environmental impact evaluation of construction project document approval, and acceptance of environmental protection work is a session or class of project supervision and inspection.
    Environmental impact assessment for major projects, technology assessment, monitoring or investigation and environmental impact evaluation of construction project document approval, and acceptance of environmental protection work, special supervision and inspection should be taken.
    12th no units and individuals found that the construction project environmental impact assessment, technical evaluation, monitoring or investigation and environmental impact evaluation of construction project document approval, and acceptance of environmental protection issues in the work, you can report to the Administrative Department of environmental protection or discipline inspection and supervision departments and complaint. Reports or complaints should be dealt with in accordance with the following provisions: (a) the signature report, should keep their informants confidential. Problem investigation and verification, to reflect treatment in accordance with law, shall inform the informers will verify, process the results and comments.
    Fabrications, false accusation, should be dealt with in accordance with the relevant provisions.
    (B) materials for anonymous reporting, there are specific facts, shall conduct an initial check and determine the approach, results of treatment of important issues, should be informed at the appropriate level without concrete facts, can register the retention.
    (C) the complainants ' complaint, relevant provisions should be strictly in accordance with the work of letters and calls timely.
    13th article environmental protection administrative competent sector on construction project environment effect evaluation, and technology assessment, and acceptance monitoring or survey and construction project environment effect evaluation file approval, and environmental protection acceptance work for supervision check Shi, can take following way: (a) heard parties party of reported or views; (ii) check out and activities about of file, and contract and other about material; (three) to units and personal survey verified; (four) other appropriate way.
    14th article evaluation institutions violation this provides of, in accordance with environment effect evaluation method, and construction project environmental protection Management Ordinance and construction project environment effect evaluation qualification management approach and other about legal regulations of provides, depending on plot weight, respectively give warning, and informed criticism, and ordered deadline rectification, and reduced evaluation range, and reduced qualification grade or canceled evaluation qualification, and take appropriate way to social announced.
    Agencies for 15th, in violation of the provisions of, the Department of environmental protection administration shall be ordered to correct, and depending on the seriousness, given a warning, criticized assessments, declared invalid or elimination of agencies for the task of assessing qualifications.
    16th inspection or investigation unit in violation of these provisions, in accordance with the relevant provisions of administrative measures on environmental protection acceptance check of construction project will be punished.
    17th engaged in environmental impact assessment, technical evaluation, monitoring or investigation personnel in violation of these provisions, in accordance with the relevant provisions of the national laws and regulations or other administrative or disciplinary actions taken by illegally accepting goods, in accordance with the relevant provisions of the State confiscated, recovered, or ordered to return any property constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    Among them, the professional qualification of environmental impact assessment engineer personnel, in accordance with the relevant provisions of vocational qualification management of environmental impact assessment engineer, criticized, suspension of business or cancellation of registration; agencies for the assessment/evaluation expert, you can cancel them or participating in the technical assessment of qualifications.
    Article 18th in violation of this provision, Administrative Department of environmental protection shall be ordered to make corrections, and according to the circumstances, give bad credit records, give him a warning, criticized, and taken to the public in an appropriate manner.
    Article 19th in violation of these provisions by the competent Department of environmental protection administration, in accordance with the construction project environmental impact assessment Act, the environmental protection regulations and relevant environmental protection violation of sanctions, as well as provisions of other relevant laws and regulations.
    Staff members in violation of the provisions of the Administrative Department of environmental protection, in accordance with the construction project environmental impact assessment Act, the environmental protection regulations and relevant environmental protection violation of sanctions, as well as provisions of other relevant laws and regulations and penalties constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
    Fifth chapter supplementary articles article 20th planning environmental impact assessment code of conduct and the independent Commission against corruption provided for reference to these provisions.
                                                                                                                              21st article of the regulations come into force on January 1, 2006.

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