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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  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 protection law of the People's Republic of China environmental impact assessment law and the People's Republic of China on administrative licensing law and other relevant laws and regulations, these measures are formulated. Second article for construction project environment effect evaluation provides technology service of institutions, should according to this approach of provides, to environmental protection department application construction project environment effect evaluation qualification (following referred to qualification), by 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 accept units delegate,

Preparation of the construction project environmental impact statement or environmental impact report form (hereinafter referred to as environmental impact reports (table)).

Environmental impact report (table) should be made by a qualified authority (hereinafter referred to as the EIA agencies). Third qualification level is grade a and grade b.

Scope of assessment includes environmental impact report of the 11 categories and two categories of environmental impact reports (specific categories, see annex), in which the environmental impact report category is divided into two levels.

Level of qualification to the first division of EIA institutions (hereinafter referred to as class a), the scope of its evaluation should contain at least one environmental impact statement a-grade category; the level of qualification for class b EIA institutions (hereinafter referred to as category b institutions), its scope only includes the environmental impact report serie b category and types of environmental impact reports.

Should have the appropriate environmental impact report auspices of grade a category assessment EIA environmental impact report list of construction projects, developed separately by the Department of environmental protection.

Fourth General certificate in the country, is valid for four years, be printed and issued by the Environmental Protection Department.

Certificate includes originals and copies, record name of EIA institutions, qualification, scope and certificate number, expiry date, domicile, legal representative and EIA agencies and other information.

The fifth State encourages specialization, scale development of EIA institutions, to carry out environmental impact assessment of technical research and improve the technical advantages, enhanced technology, to form a number of regional and professional technology center.

The sixth national industry organizations support the establishment of environmental impact assessment, strengthening industry self-discipline and defend trade order, organize and their environmental impact assessment EIA institutions engineering and related professional and technical personnel evaluation, establish and improve the mechanism of rewards and punishments in the industry.

Zhang Huan II qualified seventh environmental assessment bodies for the purposes of the rating agencies should be registered according to law corporation or the nuclear industry, aviation and aerospace industry, legal persons in public institutions.

Following institutions shall not application qualification: (a) by is responsible for approval or approved environment effect report book (table) of competent sector established of institutions funded of corporate; (ii) by is responsible for approval or approved environment effect report book (table) of competent sector as business competent units or affiliated units of social organization funded of corporate; (three) by is responsible for approval or approved environment effect report book (table) of competent sector delegate, carried out environment effect report book (table) technology assessment of corporate;

(D) corporate-funded enterprises in the first three.

Article eighth EIA institutions should have a fixed place of work, have a quality assurance system for environmental impact assessment, establishing business and the implementation of environmental impact assessment, quality control, file management, certificate management system.

Nineth grade a Office in addition to the article seventh, eighth under conditions, shall meet the following conditions: (a) the nearly four years of continuous quality and Chair have prepared at least eight authorities or the approved environmental impact report.

(B) environmental impact assessment of at least 15 engineers. (C) the assessment range for each environmental impact report in class a category at least six major categories of environmental impact assessment engineer, of which at least three people presided over the preparation of the Department nearly four years examination and approval of environment impact report two corresponding categories.

Environmental impact report for the nuclear industry class a category equipped with corresponding categories of environmental impact assessment engineer should also at least three certified security engineers.

(D) scope of the evaluation in the class b category of the environmental impact report and nuclear and radiological environmental impact report categories are equipped with conditions of environmental impact assessment engineer shall be in conformity with article tenth of this approach (b) provisions.

(V) nearly four years to complete at least one of the research projects related to environmental protection, or at least a State or local environmental protection standards.

Tenth grade b Office in addition to the article seventh, eighth under conditions, shall meet the following conditions: (a) environmental impact assessment in at least nine engineers. (B) scope of the evaluation each class b categories of environmental impact reports in at least four major categories of environmental impact assessment engineer, including at least two who presided over the preparation of Department for nearly four years, examination and approval of environment impact report (table) by four. Class b categories of environmental impact report for the nuclear industry is equipped with the corresponding categories of environmental impact assessment engineer should also have at least one certified safety engineer.

Nuclear and radiological environmental impact report categories shall be equipped with at least one major category of environmental impact assessment engineer.

11th grade b institutions within the validity of the qualification certificate shall preside over the preparation of at least eight departments examination and approval of environment impact report (table). Chapter III qualifications application and review of the 12th Department of environmental protection is responsible for accepting an application for qualification.

Qualification application including the application for the first time, change and continuity, as well as level of qualification assessment scope adjustment, promotion.

EIA institutions for nearly a year in violation of relevant provisions of these measures being ordered to reform or be subject to administrative punishment shall not apply for range adjustment and qualification levels to qualify. Article 13th qualified institution shall submit a relevant application materials, and responsible for the truthfulness and accuracy of the application materials.

Specific requirements of the application materials shall be separately formulated by the Environmental Protection Department.

14th article ring assessment institutions has following case one of of, should in change registration or change occurred of day up 60 a days within application change qualification certificate in the of related content: (a) business administration sector or institutions registration management sector registration of institutions name, and residence or statutory representative people change of; (ii) for restructuring, and Division or merged, reasons, prepared environment effect report book (table) of institutions name change of.

15th expiry date of the certificate, the EIA institutions need to continue to engage in environmental impact reports (table) preparation, shall, before the expiry of 90 days to apply for qualification continue.

16th applying for qualification bodies an application shall be submitted through a Government Web site of the Department of environmental protection qualifications, a written application in triplicate and submitted to the Ministry of environmental protection.

Ministry of environmental protection on application materials are complete and meet the required qualification in the form of the application, be admissible, and written to receive receipt; the application materials are incomplete or do not meet requirements, within five working days to inform applicants of the qualification agencies need correction; the inadmissibility, state the reason in writing.

Has been accepted by the Ministry of environmental protection certificate application information be publicized in its Government Web sites.

17th Ministry of environmental protection organizations to apply for qualification submitted application materials review and verification. Ministry of environmental protection, within 20 working days from the day of acceptance of the application, in accordance with these rules and apply for qualified organizations to achieve the qualification qualification of whether to approve the decision.

If necessary, the Ministry may appoint an expert review or seek the views of relevant departments under the State Council and the provincial environmental protection authorities, specialists in the field of time does not count within 20 working days. Department of environmental protection should be on whether to approve the qualifications of decisions and the qualifications of the applicant in its official website for public notification.

No objection during the public, granted qualification certificates of qualification issued by the applicant; reasons to not approve qualified applicants in writing.

The 18th due to restructuring, Division or merger applications for reasons such as change of name of the EIA, the Environmental Protection Department shall, in accordance with reform, separation or merger of institutions actually reached after the qualification, again their level of qualifications and the assessment scope.

Class a body for qualifications continued, in line with the approach set forth in the seventh, eighth, and the following conditions, but presided over the preparation of competent departments within the validity period of the certificate of qualification examination and approval of environment impact report (table) of less than eight, according to qualification continues, and to press the agency actually achieved the qualification to assess the scope of the evaluation: (a) nearly four years continuous qualification. (B) environmental impact assessment of at least 15 engineers.

Evaluate the scope of at least one of the original environmental impact statement more than grade a category equipped with six major categories of environmental impact assessment engineer.

(C) nearly four years to complete at least one of the research projects related to environmental protection, or at least a State or local environmental protection standards. Article 19th qualified agency to hide relevant information or provides false materials, Department of environmental protection does not accept an application for qualification or qualifications not granted.

The Agency allowed to re-apply in one year qualification. Apply to qualified institutions to deception, bribery or other improper means to obtain qualifications, by the Environmental Protection Department to cancel its qualifications.

The Agency allowed to re-apply in three years qualification.

Concealment of environmental impact assessment engineer involved in the preceding two paragraphs, relevant qualification of environmental impact assessment engineer for three years as applications equipped with environmental impact assessment engineer, environmental impact reports (table) prepare hosts or principal establishment.

20th article ring assessment institutions has following case one of of, environmental protection Department should handle qualification cancellation procedures: (a) qualification validity expires not application continued or not granted continued of; (ii) corporate qualification terminated of; (three) for no longer engaged in environment effect report book (table) prepared work, application qualification cancellation of; (four) qualification was withdrawn, and revoked or qualification certificate was revoked of.

21st qualification management of Environmental Protection Department, in its Government website set up, open qualification process, reviewing, accepting, reviewing the results and other information, and timely disclosure of EIA institutions and basic information of environmental impact assessment engineer.

Fourth chapter of EIA management of 22nd EIA institutions should uphold justice, science, and the principle of good faith and comply with professional ethics, implementation of the requirements of the national laws, regulations and management, ensure that the environmental impact report (table) is true, objective, comprehensive and standard.

EIA institutions should actively fulfill their social responsibility and universal service obligations, not without good reason refused to take public the environmental impact evaluation of construction project work. 23rd environmental impact reports (table) should be prepared by the auspices of an EIA, and supported by the Agency in the professional categories of environmental impact assessment engineer as host.

Environmental impact report sections and main contents of environmental impact reports should be prepared by the host institution in the environmental impact assessment as a major of engineers personnel.

Environmental impact report host nuclear industries should also be certified safety engineers, producers should also be sections of the main categories of environmental impact assessment engineer for the nuclear industry.

Presided over the preparation of bodies for an environmental impact report (table) conclusion is responsible for quality and environmental impact assessment, environmental impact reports (table) preparing hosts and producers bear the main responsibility. 24th environmental assessment agency commissioned to prepare environmental impact reports (table), should enter into a written contract with the construction unit.

Contract not subject to EIA institutions set up agencies, branches to sign on behalf of.

Prohibition of alteration, lease, loan qualification certificates. 25th environmental impact reports (table) should be prepared under the auspices of the EIA agencies qualification certificate original Copier.

Compact Edition should be indicated on building elements such as project name, and sealed by the preparation facility was officially opened and the name of the legal representative. Environmental impact report (table) should be attached staff list, lists prepared host name and primary producers and their environmental impact assessment engineer professional qualification certificate number, professional category and registration number and certified safety engineer qualification certificate number and the registration number.

Preparing hosts and producers should be signed in the list of tables in the main.

Certificate Copier page and environment impact report (table) staff list tabular enacted separately by the Department of environmental protection. 26th EIA institutions shall set up under its auspices to prepare environmental impact reports (table) complete archive.

Files should be included in the environmental impact report (table) and preparation of the contract, approval or approval by approval documents and related environment quality monitoring report original material, public participation, and so on.

27th environmental assessment agency people, fundamental change of environmental impact assessment engineer shall, within 60 working days of the changes the environmental protection Ministry.

28th EIA institutions receiving a new certificate of qualification shall return the original certificate to the Ministry of environmental protection.

EIA agencies lost certificates, it shall apply for a replacement and loss statement published in the public media.

29th environmental assessment bodies for the purposes of environmental impact assessment engineer and participated in the environmental impact report (table) preparation of other related professional and technical personnel should regularly participate in the environmental impact assessment related to professional training, update and add business knowledge. Fifth 30th chapter of EIA institutions supervision and inspection of environmental protection departments should strengthen supervision and inspection of EIA institutions.

Supervision and inspection may check out or require submission of EIA agencies relevant information and materials, the EIA agencies shall provide.

Supervision and inspection, including sampling, annual inspections as well as in the environmental impact report (table) acceptance and approval process for review of EIA institutions. 31st checks for EIA institutions organized by the Department of environmental protection.

Provincial environmental protection department within the Organization to the residence in the administrative area of the annual check of EIA.

Checks and annual inspection of environmental protection departments, EIA institutions should be the qualification and undertake a comprehensive environment impact assessment checks.

32nd of environmental protection departments in the environmental impact report (table) acceptance and approval process, the environmental impact report (table) quality, presided over the preparation of agency qualification and staff review.

Presided over the preparation of Agency does not have the appropriate level of qualification and scope of the evaluation, and these measures are not in line with the 23rd and 25th of relevant provisions of the environmental impact report (table), the Environmental Protection Department not to accept an environmental impact report (table) approval applications for environmental impact reports (table) circumstances prescribed in the 36th and 45th these measures, environmental protection departments shall not be approved.

33rd article ring assessment institutions has following case one of of, by implementation supervision check of environmental protection competent sector on the institutions give informed criticism: (a) not and construction units signed written delegate contract accept construction project environment effect report book (table) prepared delegate of, or by ring assessment institutions of features institutions, and branch institutions generation signed written delegate contract of; (ii) presided over prepared of environment effect report book (table) not meet this approach 25th article provides format of;

(C) failure to establish environmental impact report prepared by the Chair (table) complete archive.

34th EIA institutions have one of the following, by the Environmental Protection Department shall order rectification refuses, to order rectification of 1-3 months: (a) fails to apply for qualification pursuant to 14th in these measures change; (b) the 27th article in the the way overdue reports to record environmental assessment agency and the changes of environmental impact assessment engineer.

35th article ring assessment institutions presided over prepared of environment effect report book (table) has following case one of of, by implementation supervision check of environmental protection competent sector ordered the institutions and prepared host and main prepared personnel deadline rectification 3-6 months: (a) environment effect report book (table) not by corresponding of environment effect evaluation engineers as prepared host of; (ii) environment effect report book of the chapters and environment effect report table of main content not by corresponding of environment effect evaluation engineers as main prepared personnel of.

36th article ring assessment institutions presided over prepared of environment effect report book (table) has following case one of of, by implementation supervision check of environmental protection competent sector ordered the institutions and prepared host and main prepared personnel deadline rectification 6-12 months: (a) construction project engineering analysis or reference of status monitoring data errors of; (ii) main environmental protection target or main evaluation factor missed of; (three) environment effect evaluation work grade or environment standard applies errors of;

(D) environmental impact prediction and evaluation method of error, (v) loss of major environmental protection measures.

Circumstances set forth in the preceding paragraph, where the construction project is located, the selected line improperly or environmental impact assessment conclusions wrong, be punished in accordance with the provisions of the present article 45th.

37th EIA agencies for violation of these rules is to order the rectification, rectification period, the Environmental Protection Department and the rectification decision made following environmental protection departments at all levels are not the admissibility of the environmental impact statement prepared by the Agency (table) the vetting of applications.

Of environmental impact assessment engineer ordered rectification, rectification during the rectification decision of the Environmental Protection Department and the environmental protection departments at all levels are no longer accepted as a compilation of the following host and main environmental impact statement prepared by the staff (table) the vetting of applications.

Article 38th of EIA institutions does not meet the appropriate qualifications, by the Department of environmental protection according to their actual qualifications, re-qualification and assessment scope or revocation of qualification.

EIA institutions of the newly-approved qualifications reduce or diminution in the scope of the evaluation, before again, according to the level of qualification and reduced scope of evaluation commissioned the preparation of the environmental impact statement (tables) needs to continue and should be reported to the Department of environmental protection approval.

39th Department of environmental protection should be established and its engineers credit archives of environmental impact assessment EIA institutions. Local environmental protection departments at and above the county level shall establish residence in the administrative area, the preparation of the environmental protection authorities for environment impact report (table) the EIA agencies and the credit archives of environmental impact assessment engineer, records Department and its environmental impact assessment EIA institutions inform the engineer to take criticism, rectification and administrative penalties, and so on, and open to the public.

Informed criticism, rectification and administrative punishments shall be promptly reported to the Ministry of environmental protection.

Ministry of environmental protection, environmental protection departments on environmental impact assessment should be taken by the institutions and their environmental impact assessment engineer administrative processing and administrative penalties, and so on, credited to the national EIA environmental impact assessment engineer credit institutions and archives, and to the public.

40th Ministry of environmental protection in the State database to establish the basis of environmental impact assessment EIA quality supervision and management mechanism of data information systems, environmental impact reports (table), preparing institutions, preparation of personnel, preparation time, approval information, implement the EIA authority and its dynamic monitoring of the quality of environmental impact assessment engineer.

41st local environmental protection departments at and above the county level shall not set conditions limiting the EIA agencies undertake a construction project's environmental impact report within their respective administrative areas (table) preparation.

42nd local environmental protection departments at and above the county level shall find that the EIA of this approach in the supervision and inspection of the 34th, 38th, 44th, 45th, as provided in the second paragraph shall be promptly reported to the Ministry of environmental protection and make recommendations. The 43rd article of any units and individuals have the right to report to the competent Department of environmental protection and its environmental impact assessment EIA agencies engineers acts in violation of these rules.

Receive report of environmental protection department shall timely investigate and make a decision according to law.

Sixth chapter legal liability article 44th EIA agencies refuse to accept supervision and inspection or accept supervision and inspection to deception, by the supervision and inspection of environmental protection authorities fined not more than RMB 30,000 yuan and ordered rectification 6-12 months.

EIA agencies qualification certificate for alteration, lease, lend, or beyond the level of qualification, scope accepts delegates and presided over the preparation of environmental impact statements (table) by the Environmental Protection Department to a fine of up to 30,000 yuan, and order the rectification of 1-3.

45th EIA agencies are not responsible or deception, which presided over the preparation of the environmental impact report (table) misrepresentation, in accordance with the People's Republic of China environmental impact assessment provisions of the law, by the Department of environmental protection to reduce their level of qualifications or revoke a certificate of qualification, premises and charge more than 1 time fined not more than three times, while main staff ordered to prepare host and rectification of 1-3.

46th article the competent Department of environmental protection staff in the EIA institutions qualified in the management of favoritism, abuse their powers, neglect their duties, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

Seventh chapter supplementary articles article 47th EIA agencies qualified to be suspension, revocation or cancellation, environmental protection authorities may continue to accept the environmental impact reports prepared under the auspices of the Agency (table) approved.

48th article this approach by said is responsible for approval or approved environment effect report book (table) of competent sector including environmental protection competent sector and marine competent sector; by said competent sector approval or approved of environment effect report book (table), is refers to by environmental protection competent sector approval or by marine competent sector approved completed of environment effect report book (table), not including for has this approach 36th article and 45th article by column case not approved or approved of environment effect report book (table). Environmental impact assessment engineer in 49th article of the rules, means that you have to declare the EIA parties and professional categories, in the application of EIA institutions full-time full-time work and has appropriate professional qualifications of professional and technical personnel.

Background report of environmental impact assessment engineer related management regulations enacted separately by the Department of environmental protection.

Certified safety engineer in these measures refers to full-time professional in registering EIA institutions and professional and technical personnel with appropriate licensing.

50th article explaining these measures by the Ministry of environmental protection. 51st these measures come into force November 1, 2015. Originally released by the State environmental protection administration of the environmental impact evaluation of construction project quality management measures (State environmental protection administration, the 26th) repealed simultaneously.

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