No. 48

People's Republic of China Presidential Decree "Standing Committee of the National People's Congress on Revising <People's Republic of China Energy Conservation Law" and other six law "by the People's Republic of China Twelfth National People Congress Standing Committee of the twenty-first meeting on July 2, 2016, is hereby announced. "Standing Committee of the National People's Congress on Revising <People's Republic of China Energy Conservation Law" and other six law "

on the" People's Republic of China Energy Conservation Law "," People's Republic of China Water Law "," Chinese People Republic Flood, "" People's Republic of China occupational Disease prevention law, "" People's Republic of China waterway law "changes made since the date of promulgation; on the" People's Republic of China to modify the environmental impact Assessment law, "made since 2016 9 from January 1 implementation. Chairman of the People's Republic of China Xi Jinping



2016 Nian. 7 Yue 2 Ri

National People's Congress Standing Committee decision on Modifying the "People's Republic of China Energy Conservation Law" and other six laws

(2016 Nian 2 Yue. 7 Days conference twelfth National people's Congress Standing Committee of the twenty-first session)

Standing Committee of 12th National people's Congress twenty meeting decided:

first, the "People's Republic of China energy conservation law" to make changes
(a) the fifteenth amended as follows: "State practice saving fixed assets investment projects assessment and review system the project does not meet the mandatory energy efficiency standards, the construction units shall not construction; It has been built, can not be put into production, the use of government investment projects do not meet the mandatory energy efficiency standards, shall be responsible for project approval authority shall not approve the construction of specific measures. the administrative department for energy conservation under the State Council jointly with relevant departments to formulate "

(b) of the article 68 shall be amended as follows:." organs of government responsible for approving investment projects in violation of this Law, do not meet mandatory energy efficiency standards for construction of the project be approved, the persons in charge and other directly responsible personnel directly responsible shall be punished. "

Second, the" people's Republic of China water law "to modify the first
nineteen revised as follows: "the construction of water projects, construction must conform to integrated river basin planning water projects in the country to determine the major rivers and lakes and the provinces, autonomous regions and municipalities of rivers, lakes, we have not achieved compliance with the relevant signed basin management agency. integrated river basin planning requires planning consent, construction units shall not construction; construction of water projects on other rivers, lakes, without obtaining the integrated watershed planning in line with the local people's governments above the county level administrative departments in accordance with the water management authority to execute requirements planning consent, construction units shall not construction of flood control water project construction involved, in accordance with relevant provisions of the Flood; involving other regions and sectors, the construction unit shall solicit opinions from the relevant regions and departments "
||. | Third, the "People's Republic of China Flood" make changes
(a) the second paragraph of Article XVII is amended as: "Flood Control project in the preceding paragraph and other water projects, hydropower station has not obtained the relevant water administrative departments in line with the requirements of flood control planning planning consent records, the construction entity may not start construction "

(b) of the Article 27 shall be amended as follows:." construction across the river, Cross River, Chuandi Linhe bridges, docks, roads, ferries, pipelines, cables, water, and drainage facilities should conform to flood control standards, shoreline planning, shipping requirements and other technical requirements, and shall not endanger the safety of embankments, affecting the stability of river prejudice flood flow; its construction program without the relevant department of water administration examination and approval according to the preceding requirements for flood control, the construction units shall not construction. "

(3) to Article 33 shall be amended as follows:" In the flooded area of ​​flood non-flood control project, should not affect the construction project and the construction of flood potential on Effect of flood control projects may have on the review, a flood impact assessment report, put forward defenses. Flood Impact Assessment report has not been approved by the competent department of water administration examination, construction units shall not construction. "

(Iv) the first paragraph of Article 58 is amended as:" violation of the provisions of Article 33, first paragraph, in the flooded area of ​​flood non-flood control projects not a flood impact assessment report or flood impact assessment report has not been examined and approved the construction, shall be imposed; overdue correction, a fine of 50,000 yuan. "

Fourth, the" People's Republic of China Occupational Disease Prevention Law "to make changes
(a) of Article 17 shall be amended to read:" new construction, expansion, renovation construction projects and technological innovation, technology introduction of the project (hereinafter referred to as project) possible occupational hazards, the construction unit should be carried out in the feasibility study phase evaluation of occupational hazard. "


Added as the second paragraph:. "Medical institution-building projects may generate radioactive occupational hazards, the construction unit shall submit radioactive occupational hazard assessment report to the administrative department of health administrative department of health shall receive pre-evaluation report within 30 days, to review the decision and notify the construction unit. did not submit report on preliminary evaluation or pre-assessment report by the health administrative departments for examination and approval shall not be under construction. "

(ii) the tenth eight second paragraph is revised as follows: "occupational protective equipment designed and constructed projects should meet the national occupational health standards and health requirements; wherein the protective equipment design medical radiological serious occupational hazards of construction projects shall be agreed by the administrative department of health after before construction "

third paragraph amended as follows:.". before the final acceptance of construction projects, the construction unit should be occupational hazards control effect evaluation "

added as a fourth paragraph: "when the medical institution may produce radioactive occupational hazards in construction project completion and acceptance, the radioactivity occupational protective equipment by the health authority after acceptance be put into use; other construction projects of occupational disease prevention facilities should be responsible for the construction units will be organized by the acceptance after acceptance, be put into production and use of production safety supervision and management departments should strengthen the construction units of the organization acceptance and acceptance of the results of monitoring activities to verify. "

(iii) by deleting Article XIX.

(Iv) Article 68 to Article 67, which will be "safe production supervision and management department" to "health administrative departments, production safety supervision and management departments."

(V) Article 70 to Article 69 and revised as follows: "the construction in violation of this provision, any of the following acts, the safety production supervision and administration department and health administrative departments in accordance with the division of responsibilities given a warning and ordered to make corrections; overdue correction, a fine of 100,000 yuan more than 500,000 yuan; the circumstances are serious, shall be ordered to stop producing occupational disease hazards, or request the relevant authority in accordance with the people's government of the State Council ordered cessation, Close:

"(a) not in accordance with the provisions of occupational hazard evaluation;

" (b) medical institutions may generate radioactive occupational hazards in construction projects not submitted in accordance with the provisions of radioactive occupational hazards in pre-evaluation report, or radiological occupational hazard assessment report by the health administrative departments for examination and approval, construction of;

"(iii) construction project occupational protective equipment not in accordance with the main project design, constructed and put into production and use;

"(iv) construction project occupational protective equipment design does not meet the national occupational health standards and health requirements, or medical institutions radioactive serious occupational hazards protection facilities of construction projects design without the consent of the administrative department of health unauthorized construction;

"(e) not in accordance with the provisions of occupational protective facilities occupational hazards control effect evaluation;

" (vi) construction projects were completed before being put into production and use of occupational protective equipment not in accordance with the provisions of acceptance. "

(f) by deleting Article 84.

V. "Environmental Impact Assessment Law of People's Republic of China" to make changes
(a) Article XIV is added as the first paragraph: "The review team proposed changes, special planning the organ should be based on the environmental impact report findings and review comments on the draft plan be revised and improved, and the clarification environmental impact report concluding observations adopted and review the situation; not adopted, it shall explain the reasons "

. (b) by deleting the second paragraph of Article XVII.

(C) of Article 18 shall be amended as the third paragraph: "We have undertaken an environmental impact assessment plan contains specific construction projects, planning environmental impact evaluation findings should serve as a construction project environmental impact assessment is important based on the contents of the construction project environmental impact assessment should be simplified according to the environmental impact assessment review comments plan "

(iv) Article 22 shall be amended as follows:." construction project environmental impact report, the report table, by the construction unit for approval in accordance with the provisions of the State Council for examination and approval of the administrative department of environmental protection.

"marine environment marine construction project impact report for approval, in accordance with the" People's Republic of China marine environmental Protection law provisions "shall apply.

"Examination and approval department shall, within sixty days from the date of receipt of the report of the environmental impact, within 30 days after the environmental impact statement, and make approval decisions were received written notice of the construction unit.

"the State shall administer the filing of the environmental impact registration form.

"Review, approval of construction project environmental impact report, environmental impact report form and filing the registration form, shall not charge any fees."

(E) of Article 25 will be amended as follows: "construction project environmental impact assessment documents are not legally subject to the approval department for examination or fails to be approved after review, the construction unit may not start construction."


(F) of Article 29 is amended as: "planning authority in violation of this provision, environmental impact assessment is not organized or organizing environmental impact evaluation of practicing fraud or dereliction of duty, causing serious misrepresentation of environmental impact assessment, charge and other directly responsible personnel directly responsible by the superior organ or the supervisory organ shall be given administrative sanctions according to law "

(vii) Article 31 is amended as:." No construction unit for approval of construction projects in accordance with law environmental impact report, report form, or is not re-submitted for approval in accordance with the provisions of Article 24 of reconsideration or submitted environmental impact report, report form, started construction without authorization, above the county level administrative department of environmental protection shall order to stop construction, according to the seriousness of the violation and harmful consequences, at the construction project total investment of more than one percent below the five per cent fine, and can be ordered restitution; charge and other persons directly responsible for the construction unit directly responsible shall be given administrative sanction.

"construction project environmental impact report, report form without approval or without the consent of the original examination and approval department, construction units started construction without authorization, in accordance with the preceding paragraph shall be punished, punished.

"Construction unit did not record legally construction project environmental impact registration form, above the county level administrative department of environmental protection shall order the record, a fine of 50,000 yuan.

" Marine construction the construction unit of the project are listed in violation of this section, in accordance with the provisions of "People's Republic of China marine Environmental Protection law" punishment. "

(Viii) by deleting Article 32

(ix) Article 34 to Article 33, amended as follows:." Responsible for review and approval, filing sector construction project environmental impact assessment documents for approval in charge, for the record, and its superior organ or the supervisory authority ordered to return; the circumstances are serious, the persons in charge and other directly responsible personnel directly responsible shall be given administrative sanctions. "

VI, on the" People's Republic of China Waterway Law "will be amended
Article 28 the third paragraph is amended as:" Navigable not been evaluated or audited conditions on the department and that the construction project does not meet the provisions of this Law, the construction units shall not construction. Government investment projects were not Navigable conditions impact assessment or audit department audited think the construction project does not comply with provisions of this Law, responsible for the construction project approval department will not approve. "

This decision on the" People's Republic of China Energy Conservation Law "," People's Republic of China Water Law "," People's Republic of China Flood "," People's Republic of China Occupational Disease Prevention Law, "" People's Republic of China Waterway Law "changes made since the date of promulgation; on the" People's Republic of China environmental impact Assessment law "changes made since September 1, 2016 implementation

." People's Republic of China energy conservation law " "People's Republic of China water law", "People's Republic of China Flood", "People's Republic of China occupational Disease prevention law," "People's Republic of China environmental impact Assessment law," "People's Republic of China waterway law" be amended accordingly in accordance with this decision, republication.