Documents of the State Planning Commission and the State Environmental Protection Administration
Ji Jia [2002] 125 No.
Notice of the State Planning Commission and the State Environmental Protection Administration on Relevant Issues Concerning the Regulation of Environmental Impact Consulting Fees
All provinces, autonomous regions, municipalities directly under the central government, cities under separate state planning and sub-provincial capital city planning commissions, price bureaus and environmental protection bureaus:
In order to standardize the behavior of environmental impact consulting fees for construction projects, safeguard the legitimate rights and interests of the entrusting party and consulting institutions, improve the quality of environmental impact consulting work for construction projects, and promote the healthy development of the environmental impact consulting industry for construction projects, the relevant issues concerning environmental impact consulting fees are hereby notified as follows:
1. Environmental impact consultation is an important link in the preliminary work of construction projects. The contents of environmental impact consultation include: preparation of environmental impact report (including outline) and environmental impact report form, and technical evaluation of environmental impact report (including outline) and environmental impact report form.
Second, the environmental impact consulting fee for construction projects belongs to the intermediary service fee, which should follow the principles of openness, equality, voluntariness and compensation. The entrusting party may independently select a qualified environmental impact assessment agency to conduct environmental impact assessment according to the relevant provisions of the state, and the corresponding environmental impact assessment agency shall be responsible for technical assessment of the assessment report.
Three, the construction project environmental impact consulting fees to implement government guidance, institutions engaged in environmental impact consulting business should be charged according to the provisions of this notice. The specific charging standard shall be determined by the environmental impact assessment and technology assessment agency and the entrusting party through consultation within the range of 20% up and down on the basis of the benchmark price specified in the annex to this notice.
Four, environmental impact consulting fees to estimate the investment as the billing base, according to the different nature and content of the construction project, take the way of estimating the investment quota. If it is not convenient to use the fixed fee method according to the estimated investment, it can also be charged according to the consulting service man-days. See the annex to this notice for specific charging methods.
Five, environmental impact assessment, technical assessment agencies engaged in environmental impact assessment and technical assessment of construction projects, must comply with the overall planning and functional zoning of the country and the project location, in line with national industrial policies, environmental standards and relevant laws and regulations.
6. The preparation of the environmental assessment outline should meet the following service quality standards: determine the assessment scope and sensitive protection objectives, select assessment standards, explain the characteristics of engineering and environmental protection, identify and screen pollution factors and assessment factors, set assessment themes, determine assessment priorities, select monitoring items, points (sections), frequencies and time periods, and determine prediction assessment modes and parameters.
The preparation of the environmental impact report shall conform to the following service quality standards: the general situation of the construction project, the present situation of the surrounding environment, the analysis and prediction of the possible impact of the construction project on the environment, the economic and technical demonstration of environmental protection measures, the economic profit and loss analysis of environmental protection measures, the suggestions for implementing environmental monitoring on the construction project and the conclusions of environmental impact assessment, etc.
7. The outline of environmental impact assessment of construction projects should meet the following service quality standards: preliminarily confirm whether the environmental feasibility of project site selection and route selection is correct, whether the selection of evaluation grade, evaluation scope, evaluation factors, evaluation method and prediction mode is accurate, whether the selection of sensitive targets, monitoring points, monitoring time and frequency is reasonable, whether the evaluation content is comprehensive, whether the evaluation focus is prominent and other basic contents.
The environmental impact assessment report of a construction project shall meet the following service quality standards:
Whether the source strength and material balance are accurate, whether the process meets the requirements of cleaner production, whether the selection of environmental impact prediction parameters is reasonable, whether the prediction results are correct, whether the pollution prevention and ecological protection measures are perfect and feasible, and whether the economic indicators are appropriate;
Whether the total control index meets the national and local requirements, whether the environmental feasibility conclusion of site selection and route selection is clear, whether the evaluation conclusion is credible, and whether it meets the relevant national environmental impact assessment, technical guidelines and norms.
Eight, environmental impact assessment, technical assessment agencies should be in accordance with the relevant provisions of the state, in accordance with the contract to provide consulting services to the client; If the service result is not in conformity with the contract, it shall be responsible for improvement. If losses are caused, part or all of the service fee shall be returned to the entrusting party according to the degree of losses.
Nine. The entrusting party shall abide by the provisions of this notice and the project contract, and provide the entrusted environmental impact assessment and assessment institution with the necessary working conditions and materials to perform its duties. If the consulting business volume is increased or postponed due to the client's reasons, the environmental impact assessment and assessment agency may negotiate with the client to increase the cost. The cost of environmental impact consulting service of construction projects is included in the preliminary work cost of construction projects.
X. If the entrusting party and the environmental impact consulting service agency violate the provisions of this notice, the competent price department will punish them according to the Price Law of People's Republic of China (PRC) and relevant laws and regulations.
Extended data:
Legal liability for illegal charges:
People's Republic of China (PRC) price method
Thirty-ninth operators who do not implement government-guided prices, government-set prices, legal price intervention measures and emergency measures shall be ordered to make corrections, their illegal income shall be confiscated, and they may be fined not more than five times their illegal income; If there is no illegal income, a fine may be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification.
Article 40 A business operator who commits one of the acts listed in Article 14 of this Law shall be ordered to make corrections, his illegal income shall be confiscated, and he may also be fined not more than five times his illegal income. If there is no illegal income, it shall be given a warning and may be fined; If the circumstances are serious, it shall be ordered to suspend business for rectification, or its business license shall be revoked by the administrative department for industry and commerce.
Where the relevant laws provide otherwise for the punishment of the acts listed in Article 14 of this Law and the punishment organ, the provisions of the relevant laws may be followed.
If the acts listed in Items (1) and (2) of Article 14 of this Law are national, they shall be determined by the competent price department of the State Council; Belonging to provincial and sub-provincial areas, it shall be determined by the competent price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Hebei Provincial Department of Ecology and Environment-Notice of the State Planning Commission and the State Environmental Protection Administration on Relevant Issues Concerning Standardizing Environmental Impact Consulting Fees