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Laws, Policies, & Guidelines

Guidelines for Ecological Environmental Protection in Foreign Investment Cooperation and Construction Projects

Scope of Application

Recommendations for developers and contractors that are central state-owned enterprises (CSOEs) operating overseas, as well as commerce and environmental protection departments.

Purpose

Offers guidance to enhance environmental protection in overseas investment projects and promote high-quality and green development.

General Key Points

Developers and Contractors should:

  • Abide by ecological environment laws, regulations, and standards of host countries.
    • Apply for required ecological environmental protection licenses. 
  • Abide by Chinese standards if host countries have inadequate or irrelevant standards.
  • Establish ecological and environmental protection rules and regulations in accordance with international best practices.
  • Pay attention to international laws, regulations, and policies on addressing climate change.
  • Work with environmental consulting service institutions with strong business capabilities and familiarity with Chinese and foreign environmental laws, regulations, and policies. 
  • Promote green and low-carbon development.
Key Points on Stakeholder Engagement

Developers and Contractors should: 

  • Actively strengthen communication with potentially affected communities, relevant social groups, and the public. 
Key Points on Environmental and Social Impact Assessment

Developers and Contractors should: 

  • Improve their environmental management systems by strengthening ecological and environmental protection training, seminars, and capacity building and by appointing staff responsible for ecological and environmental protection work. 
  • Consider ecological damage, pollution, penalties, litigation, and environmental risks as part of due diligence before external mergers and acquisitions. 
  • Evaluate the environment of the project location and its surroundings through surveys, monitoring, and evaluations before construction.
    • Archive results for future reference. 
  • Conduct environmental impact assessments (EIAs) in accordance with host countries' laws and regulations.
    • Take reasonable measures to reduce and eliminate possible adverse impacts. 
  • Listen to stakeholders' opinions and suggestions on projects' environmental impacts through forums and hearings. 
  • Abide by Chinese or international standards if host countries have inadequate or irrelevant EIA requirements. 
  • Formulate plans for environmental emergencies.
    • Report such emergencies to Chinese financiers, Chinese Embassies or Consulates, and local environmental management departments in a timely manner.
Applies to
Global
Date
January 2022
Issuer(s)
Ministry of Commerce (MOFCOM) and Ministry of Ecology and Environment (MEE)
Link to Full Version(s)