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    Presidential Decree No. 24 was issued. The environmental assessment qualification has been completely cancelled, and the construction unit can carry out environmental impact assessment on its own!

    Source: Author: Time: 2019-01-03 Views: Times

    Decision of the Standing Committee of the National People's Congress on Amending Seven Laws, including the Labor Law of the People's Republic of China

    (Adopted at the seventh meeting of the Standing Committee of the Thirteenth National People's Congress on December 29, 2018)

    The thirteenth meeting of the Standing Committee of the Thirteenth National People's Congress decided:

    Amendments to the "Environmental Impact Assessment Law of the People's Republic of China"

    (1) Amend Article 6, paragraph 2, Article 9, Article 13, Article 16, paragraph 3, Article 17, paragraph 2, Article 22, paragraph 1, Article 23 "The competent administrative department of environmental protection" in Articles 31 and 34 was amended to "the competent department of ecological environment".

    。 (2) Amending Article 19 to read: " Construction units may entrust technical units to carry out environmental impact assessments on their construction projects, compile environmental impact reports and environmental impact report forms for construction projects; where construction units have technical capabilities for environmental impact assessment, May carry out environmental impact assessment on its construction projects by itself, and prepare environmental impact report and environmental impact report forms for construction projects .

    "The preparation of environmental impact reports and environmental impact report forms for construction projects shall comply with relevant national environmental impact assessment standards and technical specifications.

    "The competent department of ecological environment of the State Council shall formulate capacity building guidelines and supervision measures for the preparation of environmental impact reports and environmental impact report forms for construction projects.

    "Technical units that have been commissioned to compile construction project environmental impact reports and environmental impact report forms for construction units shall not have any interests with the competent ecological environment authority or other relevant approval authorities responsible for approving construction project environmental impact reports and environmental impact report forms. relationship."

    。 (3) Amend Article 20 to read: "The construction unit shall be responsible for the contents and conclusions of the environmental impact report and environmental impact report form of the construction project, and accept the technical unit entrusted to compile the environmental impact report and environmental impact report form of the construction project. Take corresponding responsibility for the environmental impact report and environmental impact report of the construction project .

    "The competent departments of ecological environment of the people's governments at or above the district level shall strengthen the supervision and management and quality assessment of the environmental impact report and environmental impact report forms of the construction projects.

    "The ecological environment department in charge of approving the environmental impact report and environmental impact report form of the construction project shall record the relevant illegal information of the preparation unit, the preparation host and the main preparation staff into the social integrity file, and include it in the national credit information sharing platform and the state. The corporate credit information publicity system was announced to the society.

    "No unit or individual may designate a technical unit for the construction unit to compile the environmental impact report and environmental impact report form of the construction project."

    (4) Amend Article 28 to read: "The competent department of ecological environment shall follow up and inspect the environmental impacts of construction projects after they are put into production or use, and shall, if they cause serious environmental pollution or ecological damage, investigate the causes, Responsibilities are identified. For serious quality problems such as the existence of basic data in the environmental impact report and environmental impact report form of the construction project, significant defects, omissions or false contents, and incorrect or unreasonable environmental impact assessment conclusions, follow this Article 32 of the Law imposes legal responsibilities on the construction unit and its related responsible personnel, and the technical unit and related personnel who have been entrusted to compile the environmental impact report and environmental impact report form of the construction project; the staff of the examination and approval department are negligent or dereliction of duty. , If the environmental impact report and environmental impact report form of a construction project that should not be approved according to law are approved, their legal liabilities shall be investigated in accordance with the provisions of Article 34 of this Law. "

    。 (5) Amend Article 32 to read: " Basic data in the environmental impact report and environmental impact report form of the construction project is obviously untrue, there are major defects, omissions or false contents, and the environmental impact assessment conclusion is incorrect or unreasonable, etc. For serious quality problems, the competent department of ecological environment of the people's government at or above the district level shall impose a fine of 500,000 yuan to 2 million yuan on the construction unit, and shall be directly responsible to the legal representative, main person in charge, and direct responsibility of the construction unit. Supervisors and other persons directly responsible shall be fined 50,000 to 200,000 yuan .

    "The technical unit that has been commissioned to compile the environmental impact report and environmental impact report form of the construction project violates the relevant national environmental impact assessment standards and technical specifications, resulting in the existence of basic data in the environmental impact report and environmental impact report form of the construction project. If the content is not true, there are serious quality problems such as major defects, omissions or falsehoods, or the environmental impact assessment conclusions are incorrect or unreasonable, the administrative department of the ecological environment of the people's government at or above the district level shall charge more than three times five If the circumstances are serious, it is forbidden to engage in the preparation of environmental impact reports and environmental impact report forms; if there is illegal income, the illegal income shall be confiscated.

    "If the preparation unit commits any illegal acts specified in paragraphs 1 and 2 of this article, the preparation host and the main preparation personnel shall not be allowed to engage in the preparation of environmental impact reports and environmental impact report forms within five years; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law, And for life is prohibited from engaging in the preparation of environmental impact reports and environmental impact report forms. "

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