Provisions on Code of Conduct for Environmental Impact Assessment and Honest and Clean Administration concerning Construction Projects
Provisions on Code of Conduct for Environmental Impact Assessment and Honest and Clean Administration concerning Construction Projects
Provisions on Code of Conduct for Environmental Impact Assessment and Honest and Clean Administration concerning Construction Projects
Order of the State Environmental Protection Administration [2005] No. 30
November 23, 2005
The "Provisions on Code of Conduct for Environmental Impact Assessment and Honest and Clean Administration concerning Construction Projects", which were adopted at the 21st executive meeting of the State Environmental Protection Administration on November 2, 2005, are hereby promulgated, and shall come into force on January 1, 2006.
Director General of the State Environmental Protection Administration Xie Zhenhua
Attached: Provisions on Code of Conduct for Environmental Impact Assessment and Honest and Clean Administration concerning Construction Projects
Chapter I General Provisions
Article 1 The present Provisions are formulated for the purpose of regulating the environmental impact assessment of construction projects, strengthening the administration of environmental impact assessment of construction projects and the construction of honest and clean administration, and guaranteeing that the administration of environmental protection of construction projects be carried out legally, honestly and cleanly at a high efficiency.
Article 2 The present Provisions shall apply to the environmental impact assessment of, technical appraisal of, and monitoring or investigation work for completion-based environmental protection check and acceptance of construction projects (hereinafter referred to as "monitoring or investigation for check and acceptance"), as well as the examination and approval of documents on environmental impact assessment of construction projects, and completion-based environmental protection check and acceptance of construction projects.
Article 3 The entities and individuals undertaking environmental impact assessment, technical appraisal, monitoring or investigation work for check and acceptance of construction projects, the environmental protection administrative departments, and staff members thereof shall abide by the relevant laws, regulations, rules and policies of the state as well as the requirements in the present Provisions, adhere to the principles of being honest, clean, independent, objective and impartial, and consciously accept the supervision of relevant sectors.
Chapter II Code of Conduct
Article 4 An institution undertaking environmental impact assessment of a construction project (hereinafter referred to as "assessment institution") and its environmental impact assessment technicians shall abide by the following provisions:
1. The assessment institution and the person in charge of the assessed project shall be responsible for the environmental impact assessment conclusion;
2. They shall establish strict quality examination rules and quality guaranty system for the documents on environmental impact assessment, clarify the duties, ensure the implementation of the environmental impact assessment quality guaranty measures, and accept the daily supervision and inspections of the environmental protection administrative department;
3. They shall not make environmental impact assessment on any construction project which violates the industrial policies of the state or which is explicitly prohibited by the state;
4. They must work out the documents on environmental impact assessment pursuant to the relevant technical norms and requirements;
5. They shall strictly implement the fee charge rates prescribed by the state or by the local government, and shall not force the assessment fees up or down at will or take other means of unfair competition;
6. The assessment institution shall undertake the environmental impact assessment work pursuant to the corresponding eligibility grade and scope of environmental impact assessment, and shall not refuse to undertake the environmental impact assessment work without any justifiable reason;
7. They shall not subcontract the environmental impact assessment business directly or in a disguised form, nor shall they assign the eligibility certificate for environmental impact assessment;
8. They shall keep technical secrets and business secrets for the construction project owner;
9. They shall not, in the process of environmental impact assessment work, conceal the true facts, provide false materials, forge data or practice other frauds;
10. They shall, pursuant to the requirements of the environmental protection administrative department, attend the completion-based environmental protection check and acceptance of the construction project for which they undertake the environmental impact assessment work, and shall truthfully answer the questions raised by the check and acceptance committee (team); and
11. They shall not carry out any other activity that hampers the honesty, cleanness, independence, objectiveness and impartiality of environmental impact assessment work.
Article 5 An institution undertaking the technical appraisal work of environmental impact assessment (hereinafter referred to as "technical appraisal institution") and its technical appraisers and reviewing experts, etc.
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