Notice of the China (Shanghai) Pilot Free Trade Zone on the Examination and Approval of the Construction Project Environment Impact Assessment Document
The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.
I. Operation Basis
Environmental Protection Law of the People’s Republic of China, Law of the People’s Republic of China on Evaluation of Environmental Effects, Regulations on the Administration of Construction Project Environmental Protection, and Regulations of Shanghai on Environmental Protection
II. Scope of Application
Construction projects in the Zone, which are included in the List of Construction Project Environmental Protection Classification Management
III. Required Materials
(I) Projects subject to first examination and approval
1. Application for approval of evaluation of environmental effects of construction projects (format text, in duplicate)
2. Documents relating to evaluation of environmental effects (original) and electronic documents
3. Feasibility report or project suggestion or instructions on information
4. In case of food service projects that generate oil and smoke pollution, it is required to provide a certificate of use nature of houses and certificate of use function of buildings concerned, flue drawing and oil separation tank drawing.
5. For government invested projects being listed into the examination and approval system, it is required to report and submit the approval of the project suggestion; for enterprise invested projects being listed into the approval system, it is required to clear the approval authority and relevant certificates; and for enterprise invested projects being listed into the filing system, it is required to report and submit filing opinions.
6. Except for State confidential projects, if an Environmental Impact Report is prepared, it is required to provide: instructions on the opinions of relevant units, experts and the public and their adoption information; and it is also required to give instructions on the adoption of the environmental protection measures as raised in the Environmental Effects Report (original affixing the official seal of the construction unit)
7. Except for State confidential projects, if the Environmental Impact Report Form is prepared and if there are major influences on the surroundings or any construction is done in an environmentally sensitive area, it is required to solicit the opinions of relevant units, experts and the public by referring to the provisions of the Environmental Impact Report, and while submitting the environmental evaluation, submit the opinions of the experts and the opinions of relevant units, experts and the public solicited and the instructions on their adoption (original affixing the official seal of the construction unit), etc. For construction projects that the public participates in, if the environmental evaluation documents are not agreed to be disclosed due to commercial secrets and personal privacy, when submitting the environmental evaluation, it is required to submit the disclosed version of the environmental evaluation documents (original affixing the official seal of the construction unit and electronic version).
8. For construction projects that are listed into the implementation scope of total quantity of the pollutants of the construction projects in the Zone, it is required to provide the source certificate of total quantity (original).
For projects in Yangshan and Airport, the following materials shall be provided:
9. If land for the construction projects is allocated, it is required to provide opinions on selection of planned site; if the land is assigned by means of tender, auction and listing or agreement, it is required to provide a notice of acceptance of land (original); if the land is self-contained land and the building area is increased, it is required to provide the Requirements for Planning and Design of Construction Projects; and if the construction projects relate to land/houses, it is required to provide the effective use certificate, such as land batch lease agreement, certificate of ownership, and lease contract, etc.
10. Business License or Legal Person Certificate; for a construction unit that is not granted the Business License or Legal Person Certificate, it is required to submit the Notice of Pre-approval of Corporate Name as granted by the industrial and commercial authority; and if the applicant is an individual, it is required to submit the personal ID card
11. If the construction projects have establishment approvals of the competent authority at a higher level or relevant governmental authority, it is required to report and submit the establishment approvals
12. If the construction unit has an industry competent authority, its pre-qualification opinions shall be provided (original required)
13. Sewage certificate of the construction projects
14. Topographical Map
IV. Handling Procedures
1. The applicant declares and reports materials to the administration license acceptance window of the Shanghai Free Trade Zone Management Committee
2. Review by Shanghai Free Trade Zone Management Committee
3. Shanghai Free Trade Zone Management Committee makes its decision
V. Handling Deadline
1. Environmental Impact Registration: make the licensing decision within 3 working days from the acceptance day
2. Environmental Impact Report Form: make the licensing decision within 6 working days from the acceptance day
3. Environmental Impact Report: make the licensing decision within 12 working days from the acceptance day (the handling time limit excludes that for technical evaluation or review)
VI. Application Location and Contact Information
Room 1707, No. 9 Jilong Road, Pudong New Area, Shanghai
Post Code: 200131
Contacts: Wu Wei and Sun Yue
Contact Tel.: +86-21-58698715 (WaiGaoQiao), +86-21-58696827 (Yangshan and Airport)
VII. Complaint Mode
Mode of Complaint to the Management Committee of the China (Shanghai) Pilot Free Trade Zone
Provided by Lawyers Working Committee of Pudong New Area