Asia Society Policy Institute

For Overseas Projects: 

The Chinese Government should: 

• Improve environmental information disclosure, including environmental impact assessments (EIAs) and environmental management plans (EMPs).¹ 

Financiers should: 

• Disclose an environmental impact summary before investing in each project.² 
  • Disclose information relevant to environmental and social risks, which could be conveyed in the form of ESIAs.³ 
• Work with the Chinese Government to incorporate Developers’ and Contractors’ environmental information into the financial credit information database.⁴ 
  • Share information for loan and investment decision-making processes, which often involve a review of EIAs and EMPs. 

Financiers, Developers, and Contractors should: 

• Continuously strengthen information disclosure related to the environment, climate, and social responsibility. This should encompass the disclosure of ESIAs and ESMPs.⁵ 
  • Regularly post updates and release publications on their websites.⁶ 

Developers and Contractors should: 

• Disclose EIA reports in English and the local language prior to construction.⁷ 
  • Promptly disclose information about decisions and activities that would have social, economic, and environmental impacts, as well as the potential extent of each impact, on host countries and local communities.⁸ This should include public dissemination of ESIAs and ESMPs for projects with significant social, economic, and environmental impacts. 
• Post updates about due diligence on their own websites or relevant industry associations’ websites at least on an annual basis.⁹ 
  • Disclose information about the risk management system, assessment summary report, and risk assessment and management for each project. 
• Provide information about hazards associated with projects and appropriate mitigation measures to affected communities.¹⁰ This should be documented in the form of ESIAs and ESMPs. 
• Inform local communities and relevant departments of plans, which could include plans to conduct the ESIA or ESMP.¹¹ 
• Disclose information about their own environmental efforts, which could include the evaluation of environmental impacts through the ESIA during the pre-project planning phase, as well as the mitigation of adverse environmental impacts and enhancement of project benefits through the ESMP during the project implementation and operations phases.¹² 

For Domestic Projects in China: 

The Chinese Government should:  

• Proactively disclose the following information:¹³ 
  • The supervision and inspection of environmental protection and public health.¹⁴ 
  • Environmental protection laws, regulations, rules, standards, and other regulatory documents.  
  • Environmental protection plans.  
  • Environmental statistics and environmental investigation information.  
  • Emergency response plans and forecasts.  
  • Pollution targets and assessments.  
  • Assessment methods, indicators, results, and other information pertaining to the establishment of national environmental protection model cities and national ecological construction demonstration zones.¹⁵ 
  • EIA acceptance documents, an abbreviated version of the EIA and approved results, and the environmental protection acceptance results of completed construction projects.¹⁶ 
  • Fees levied on the discharge of pollutants.  
  • A list of Developers and Contractors that have discharged pollutants exceeding environmental standards or have been responsible for major, large-scale environmental pollution accidents. 
  • Inspection and approval results of environmental protection projects. 
• Publish the simplified environmental impact report online as soon as EIA documents are accepted.¹⁷ 
• The Ministry of Ecology and Environment (MEE) should disclose relevant information about the EIA to the public.¹⁸ 
  • Inform relevant parties of their right to request a hearing before accepting the EIA report. 

EIA Consultants should: 

• Work with the MEE, Developers, and Contractors to disclose relevant information about public participation in EIAs, as well as formal methods or channels for public comments.¹⁹ 
• Solicit the opinions of relevant entities, Experts, and the public before submitting plans for projects with adverse environmental and social impacts.²⁰ 

Developers (and Contractors) should: 

• Submit an application for the EIA report, the actual EIA report, and information about public participation for approval by MEE and/or Chinese Environmental Protection Departments before implementing each project.²¹ 
• Submit an updated EIA report before making major changes to each project’s scale, potential environmental impacts, or proposed pollution prevention measures and other mitigation measures once the project implementation phase begins.²² 

With support from Developers and Contractors, ESIA Consultants should:

• Throughout the pre-project planning phase, share draft versions of ESIA, ESMP, and other technical documents, as well as updated maps, drawings, charts, diagrams, and brochures, with Developers (and Contractors). 
• Organize a series of meetings (including workshops, forums, and/or focus group discussions) to jointly present full drafts of each ESIA and ESMP to Affected People, CSOs/NGOs, and other key stakeholders in accordance with the stakeholder engagement plan. See Stakeholder Participation and Consultation for more information about meaningful consultation.  
  • Notify key stakeholders of meetings at least two weeks in advance by sending a formal letter, speaking on the local community radio, posting a message on the community advertising board, or sharing a message at the village/town/city/district/provincial hall. 
  • Arrange separate meetings for women, Indigenous peoples, minorities, and other vulnerable groups. 
  • Share up-to-date technical and relevant information including, but not limited to, the project design, time frame(s), potential impacts, and stakeholder engagement plan.  
  • Explain findings related to environmental and social impacts and risks, as well as proposed mitigation measures and monitoring activities. 
  • Demonstrate specific ways in which key stakeholders’ views have been incorporated into both the ESIA and ESMP. 
  • Work with Interpreters to translate updated materials, including ESIAs and ESMPs, into the local dialect(s) and language(s), including minority and Indigenous languages. 
  • Provide physical copies of drafts of both ESIAs and ESMPs in the local dialect(s) and language(s) for Affected People to keep. 
    • For Indigenous communities that do not have written languages, Interpreters should communicate orally and visually.  
• Consult Affected People, CSOs/NGOs, the Media, and Researchers/Experts on both the ESIA and ESMP, as well as each project’s design, alternatives, mitigation measures, and monitoring activities.  
  • Record stakeholder requests, feedback, concerns, and queries, as well as information about local values regarding culture and the environment, to consider internally, incorporate directly into the ESIA and ESMP, and address during future meetings for each project. 
  • Maintain a list of attendees to include in the stakeholder engagement plan. Ask attendees for permission before taking photos.  
  • Follow-up with attendees on specific issues, when necessary.  
• Provide Affected People, CSOs/NGOs, the Media, and Researchers/Experts adequate time to discuss each project with one another and provide feedback directly or anonymously. 
  • Consider key stakeholders’ comments, reactions, complaints, and questions while finalizing the ESIA and ESMP. 
• Coordinate at least one additional meeting to present final versions of the ESIA and ESMP to Affected People, CSOs/NGOs, and other key stakeholders for each project. 
  • Use the same methods to notify key stakeholders of this meeting at least two weeks in advance. 
  • Share finalized technical and relevant information. 
  • Work with Interpreters to translate the final ESIA and ESMP into the local language(s) and dialect(s). 
  • Provide translations of the final ESIA and ESMP for Affected People to keep and, as needed, communicate their contents orally and visually.  
• Submit final materials to Developers (and Contractors), as well as national and subnational levels of the Host Country Government, in a timely manner. 

Developers (and Contractors) should:  

• Regularly review new maps, drawings, charts, diagrams, and brochures, as well as draft and updated versions of ESIA, ESMP, and other technical documents prepared by ESIA Consultants during the pre-project planning phase. 
  • Review final materials submitted by ESIA Consultants. 
• Cover the costs of the venue, printed materials, transportation for attendees, childcare support, and refreshments for each project-related meeting.  
  • Cover the remaining costs for their own staff, ESIA Consultants, Interpreters, and other Research/Experts for the finalization of the ESIA and ESMP. 
  • Factor these costs into the overall project budget funded by Financiers. 
• Immediately submit draft and final materials in Chinese, English, and the local dialect(s) and language(s) to Financiers and the ESIA Authority for their review and approval. 
• Share draft and final materials in Chinese, English, and the local dialects and language(s) with Contractors (and Subcontractors) for their reference. 

Financiers, Developers, Contractors, the Host Country Government, and the ESIA Authority should: 

• Publicize the finalization of the ESIA and ESMP in local media outlets during the pre-project planning phase.  
• Post updates on the ESIA and ESMP on their websites and social media accounts in Chinese, English, and the local dialect(s) and language(s). 
• Throughout the project life cycle, maintain a publicly available database of projects’ ESIA, ESMP, and other related documents on their websites, as well as records of these materials at the village/town/city/district/provincial hall and the ESIA Authority’s office. 
  • Disclose the following materials in the local language(s) for free on their websites, at the village/town/city/district/provincial hall, and at the ESIA Authority’s office during the pre-project planning phase: 
    • Approved terms of reference (ToR), scoping study, and stakeholder engagement plan. 
    • Final maps, drawings, charts, diagrams, brochures, and/or technical documents. 
    • Draft versions of the ESIA, ESMP, and, where relevant, the land acquisition and resettlement plan (LARP), livelihood restoration plan (LRP), and Indigenous peoples plan (IPP). 
    • Final versions of the ESIA, ESMP, and other relevant documentation. 
    • A non-technical summary of the ESIA and ESMP. 
  • Keep digital copies of these materials on their websites, as well as physical copies at the village/town/city/district/provincial hall and the ESIA Authority’s office, throughout the project implementation and operations phases. 

• Browse the websites of Financiers, Developers, Contractors, the ESIA Authority, and the Host Country Government for information about their own procedures or guidelines for disclosure of the ESIA and ESMP.
  • If any of this information is unavailable, ask the appropriate actor to publicly disclose specific details in your native language. See Stakeholders to identify some of the available mode(s) of contact.
  • If you are unable to directly contact the Developers and Contractors, reach out to Financiers, the ESIA Authority, and/or the Host Country Government for assistance.
  • If you are unable to directly contact the Financiers, the ESIA Authority, and/or the Host Country Government, reach out to a Community Leader or CSO/NGO for assistance.
• Attend meetings in which ESIA Consultants present full versions of the ESIA and ESMP.
  • Speak with ESIA Consultants if your needs — and/or land/houses/structures/assets/services that belong to you, your family, or your community — are absent from or misrepresented in the ESIA report and the ESMP.
  • Raise questions or concerns about the validity of direct, indirect, cumulative, and inducted impacts of the project and proposed mitigation measures.
  • Offer alternatives on how projects should avoid or offset adverse environmental and social impacts and risks if proposals within the ESIA report and the ESMP appear inadequate. Provide recommendations that stipulate how Developers, Contractors, and Subcontractors should protect specific trees/lakes/streams/land/houses/structures/assets/services that may be important to your culture, health, safety, livelihood, and/or quality of life. Consider large- and small-scale measures to minimize traffic or different forms of air, water, or noise pollution from construction.
  • Request access to new or improved resources, such as clean water, carbon-free electricity, and waste management, from Developers and/or the Host Country Government to compensate for adverse impacts.
  • Ask ESIA Consultants, Developers, and Contractors about opportunities to participate in environmental and social monitoring.
  • Ask Financiers, Developers, Contractors, and the Host Country Government to reimburse transportation costs and cover other costs associated with attendance.
  • Maintain a record of your attendance and participation — on either paper or your phone.
  • Ask ESIA Consultants to provide physical and/or digital copies of draft and updated versions of maps, drawings, charts, diagrams, brochures, scoping study, stakeholder engagement plan, ESIA report, the ESMP, and other technical documents in your native language. Review these materials.
  • Discuss the proposed project’s impacts, mitigation measures, and monitoring activities with other community members, CSOs/NGOs, and appropriate Experts both during and after each meeting.
  • Provide feedback directly or anonymously to Financiers, Developers, Contractors, the Host Country Government, and the ESIA Authority.
• If you have not heard about the presentation of the ESIA report and the ESMP, browse the websites of Contractors, Developers, Financiers, the ESIA Authority, and the Host Country Government for information about when and where future meetings will be held, as well as who the ESIA Consultants are and how they can be contacted.
  • If any of this information is unavailable, ask Developers and Contractors to publicly disclose specific details in your native language.
• If the ESIA report and the ESMP have already been presented to the public, browse the websites of Contractors, Developers, Financiers, the ESIA Authority, and the Host Country Government for digital copies of the draft and final versions of maps, drawings, charts, diagrams, brochures, scoping study, stakeholder engagement plan, ESIA report, the ESMP, and other technical documents, as well as public comments, in your native language.
  • Set aside time to discuss the materials with other community members, CSOs/NGOs, and appropriate Experts.
  • Provide feedback directly or anonymously to Financiers, Developers, Contractors, and the Host Country Government.
  • If any of this information is unavailable in your native language, ask Financiers, Developers, Contractors, and the Host Country Government for physical and/or digital copies of translated materials.
• After drafts of the ESIA and ESMP have been prepared and presented to the public, review Financiers’, Developers’, Contractors’, Subcontractors’, and the Host Country Government’s compliance with governmental, industry-specific, and internal policies, procedures, and guidelines for information disclosure and stakeholder consultation.
  • Review Financiers’ compliance with China Banking and Insurance Regulatory Commission’s (CBIRC) “Guidelines on Regulating the Banking Industry in Serving Enterprises’ Overseas Development and Strengthening Risk Control” and the People’s Bank of China (PBOC) et al.’s “Guidelines for Establishing the Green Financial System.” Submit concerns or complaints about Financiers’ noncompliance with these guidelines to CBIRC, PBOC, the Ministry of Finance (MOF), and MEE.
  • Review China International Contractors Association’s (CHINCA) “Guide on Social Responsibility for Chinese International Contractors.” Submit concerns or complaints to CHINCA about Developers and Contractors that fail to either regularly disclose information about social responsibility or disclose decisions and activities that would significantly impact the local society, economy, and environment.
  • Submit queries/concerns/complaints about noncompliance with other policies, procedures, or guidelines to the appropriate actor. See Stakeholders to identify the available mode(s) of contact.

Sharing full drafts and final versions of both the ESIA and ESMP in public meetings during the pre-project planning phase would:

• Align Financiers’, Developers’, and Contractors’ practices for BRI projects with Chinese laws, policies, and guidelines for disclosing information related to the ESIA and ESMP, as well as international best practices.
• Fully inform key stakeholders of the ESIA report and the ESMP, as well as their bearing on the overall project.
• Maintain regular contact between Developers, Contractors, ESIA Consultants, and the Host Country Government on the one hand and local communities, CSOs/NGOs, and other third-party stakeholders on the other. Build strong relationships based on inclusive dialogue and constructive feedback.
• Increase transparency and accountability of project-related operations, especially surrounding the ESIA and ESMP.
• Improve the overall quality of each ESIA report, ESMP, and project. Ensure local and Indigenous knowledge, expertise, and practices inform project planning, decision-making, implementation, and operations.
• Reduce the risk of protests, damage, or other forms of conflict during the project implementation and operations phases.
• Curb significant commercial costs from delays caused by social upheaval, especially during the project implementation and operations phases.

Providing convenient, free, and public access to documents associated with the ESIA and ESMP throughout the project lifecycle would:

• Promote transparency and accountability of project-related operations.
• Build trust, understanding, and capacity among local communities, host country stakeholders, and other third-party stakeholders.
• Encourage the fulfillment of promises, commitments, and requirements on environmental and social assessment and management determined in the pre-project planning phase.

• United Nations Development Programme (UNDP), “Supplemental Guidance: Disclosure of Project-related Social and Environmental Screenings, Assessments, and Management Plans,” May 2022, View the PDF.

• Environmental Law Alliance Worldwide (ELAW), “Public Notice of Draft EIA, Draft EIA Available, Draft EIA Locations, Final EIA Available, Public Notice of Final EIA, Fee to View EIA Documents, Fee to Obtain EIA Documents, Final EIA Locations,” in EIA Complete Factors, View the Website.

¹ Ministry of Environmental Protection (MEP) (now Ministry of Ecology and Environment (MEE)), “The Belt and Road Ecological and Environmental Cooperation Plan,” May 2017; People’s Bank of China (PBOC) et al., “Guidelines for Establishing the Green Financial System,” August 2016.

² Green Finance Committee (GFC) of China Society for Finance and Banking et al., “Environmental Risk Management Initiative for China’s Overseas Investment,” September 2017.

³ China Banking Regulatory Commission (CBRC) and China Insurance Regulatory Commission (CIRC) (now China Banking and Insurance Regulatory Commission (CBIRC)), “Guidelines on Regulating the Banking Industry in Serving Enterprises’ Overseas Development and Strengthening Risk Control,” January 2017.

⁴ PBOC et al., “Establishing the Green Financial System.”

⁵ The following guidelines focus on environmental and/or climate-related information disclosure: PBOC et al., “Establishing the Green Financial System;” Green Finance Initiative & Green Finance Committee (GFC), “Green Investment Principles (GIP) for the Belt and Road,” 2018.

The following guidelines focus on social responsibility information disclosure: China International Contractors Association (CHINCA), “Guide on Social Responsibility for International Contractors,” September 2012; Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters (CCCMC), “Guidelines for Social Responsibility in Outbound Mining Investments,” 2017; National Development and Reform Commission (NDRC), “Code of Conduct for the Operation of Overseas Investments by Private Enterprises,” December 2017.

⁶ CHINCA, “Guide on Social Responsibility.”

⁷ GFC et al., “Overseas Investment.”

⁸ CHINCA, “Guide on Social Responsibility;” China-ASEAN Investment Cooperation Fund (CAF), “Social Responsibility and Environmental Protection Guidelines for Investments in the ASEAN Region,” 2014; CCCMC, “Guidance for Sustainable Natural Rubber,” 2017.

⁹ Responsible Cobalt Initiative (RCI) & Responsible Minerals Initiative (RMI), “Cobalt Refiner Supply Chain Due Diligence Standard (version 2.0),” 2021.

¹⁰ CCCMC, “Outbound Mining Investments.”

¹¹ State Forestry and Grassland Administration (SFGA), “Guidelines for Sustainable Silviculture for Chinese Companies Overseas,” 2007.

¹² Sinohydro, “Environmental Protection Policy Statement,” 2017.

¹³ MEE, “Measures on Open Environmental Information,” February 2007.

¹⁴ State Council, “Regulations on Open Government Information of the People’s Republic of China,” January 2007.

¹⁵ MEE, “Notice on Further Strengthening the Disclosure of Environmental Protection Information,” October 2012.

¹⁶ Ibid.

¹⁷ Ibid.

¹⁸ MEE, “Measures for Public Participation in Environmental Impact Assessments,” 2018.

¹⁹ Ibid; MEE, “Regulations on the Approval Procedures for Environmental Impact Assessment Reports (forms) of Construction Projects,” November 2020.

²⁰ State Council, “Regulation on Environmental Impact Assessment of Planning,” August 2009.

²¹ Standing Committee of the National People’s Congress, “Environmental Impact Assessment Law of the People’s Republic of China,” 2002.

²² Ibid.

²³ International Best Practice is based on Asian Development Bank (ADB), "Safeguard Policy Statement," 2009; Asian Infrastructure Investment Bank (AIIB), "Environmental and Social Framework," 2021; World Bank, "Environmental and Social Framework," 2018; Mekong Partnership for the Environment, "Guidelines on Public Participation in Environmental Impact Assessment in the Mekong Region," First Edition, 2017.