Unnecessary environmental enforcement is prohibited; all unauthorized inspections are canceled, and “one-size-fits-all” approaches are forbidden!

Release Date:

2020-03-17

　Recently, the General Office of the State Council issued the “Notice on Matters Concerning Comprehensive Administrative Law Enforcement for Ecological and Environmental Protection,” calling for solid progress in reforming comprehensive administrative law enforcement in this field, coordinated allocation of administrative law enforcement functions and resources, effective resolution of issues related to overlapping and redundant enforcement across multiple authorities and levels, and strict adherence to standardized, impartial, and civilized law enforcement.
　　In accordance with previous central directives on environmental protection, a “Guidance Catalogue of Comprehensive Administrative Enforcement Matters for Ecological and Environmental Protection” is to be formulated. The aim is to resolutely eliminate unnecessary enforcement items, consolidate inspection matters involving enterprises, effectively address the problem of overlapping and redundant enforcement across multiple authorities and levels, and ensure that law enforcement is strictly standardized, impartial, and conducted in a civilized manner.
　　In this regard, the Central Ecological and Environmental Protection Inspection Team has also made a clear statement: it strictly prohibits adopting crude and heavy-handed measures such as indiscriminate emergency shutdowns of businesses, operations, or production simply to pass inspections, as well as perfunctory responses like “one-size-fits-all closures” or “shut down first and deal with it later.” In particular, for industries or sectors that are vital to people’s livelihoods, appropriate handling, tailored policies, and orderly progress are essential; any practice of “one-size-fits-all” approaches must be firmly prohibited.
　　The notice issued this time by the General Office of the State Council will further clarify the responsibilities, rights, and interests in environmental governance and law enforcement inspections, ensuring that discordant practices hindering business development become a thing of the past.
　　The notice is as follows:
　　General Office of the State Council
　　Notice on Matters Related to Comprehensive Administrative Law Enforcement for Ecological and Environmental Protection
　　General Office Letter [2020] No. 18
　　To the People’s Governments of all provinces, autonomous regions, and municipalities directly under the central government; to all ministries and commissions of the State Council, and to all agencies directly affiliated with the State Council:
　　The “Guidance Catalogue of Comprehensive Administrative Enforcement Matters for Ecological and Environmental Protection” (hereinafter referred to as the “Guidance Catalogue”) is an important document for implementing the requirement of unified enforcement in ecological and environmental protection and for clarifying the functions of comprehensive administrative enforcement in this field. The 2020 edition of the Guidance Catalogue has already been approved in principle by the State Council. In accordance with relevant arrangements for deepening the reform of Party and state institutions and with the approval of the State Council, the following matters are hereby notified:
　　I. The implementation of the “Guidance Catalogue” shall be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee, and, in accordance with the decisions and arrangements of the CPC Central Committee and the State Council, steadily advance the reform of comprehensive administrative law enforcement for ecological and environmental protection. This entails coordinating and allocating administrative law enforcement functions and resources, effectively addressing the issues of overlapping and redundant enforcement across multiple authorities and levels, and ensuring that law enforcement is strict, standardized, impartial, and civilized.
　　II. The “Guidance Catalogue” primarily identifies and standardizes administrative penalties and administrative enforcement measures in the field of ecological and environmental protection that are prescribed by laws and administrative regulations, as well as warning and fine‑based administrative penalties stipulated in departmental rules; it will be dynamically adjusted in accordance with established procedures. Provinces, autonomous regions, and municipalities directly under the central government may, based on developments in laws, administrative regulations, departmental rules—including their enactment, amendment, repeal, and interpretation—as well as local legislation, supplement, refine, and improve the catalogue, and establish mechanisms for dynamic adjustment and long-term management. After relevant matters and the catalogue have been reviewed and approved in accordance with prescribed procedures, they shall be made public through appropriate channels, such as government portal websites, and shall be subject to public oversight.
　　III. Strengthen, in a practical and effective manner, source‑level governance of administrative penalties and administrative enforcement measures in the field of ecological and environmental protection. Any enforcement matters lacking a legal, regulatory, or rule‑based basis shall be abolished without exception. For those enforcement matters that must be retained or newly established, a rigorous review of their legality, reasonableness, and necessity shall be conducted item by item, in accordance with the law. Even where statutory grounds exist, enforcement matters that have remained dormant for an extended period, are not actually implemented, or overlap and duplicate existing provisions should be vigorously streamlined, with timely recommendations for their abolition or adjustment. Where amendments to laws, regulations, or rules are required, the legislative process must be followed first, with the “Guidance Catalogue” adjusted only after the relevant laws have been amended—proceeding from establishing new provisions before dismantling old ones, and advancing in an orderly manner.
　　IV. With respect to administrative enforcement matters listed in the Guiding Catalogue, in accordance with the requirements of streamlining enforcement hierarchies and shifting enforcement resources closer to the grassroots level, it is necessary to differentiate among various matters and management systems, and, based on actual conditions, clearly designate the primary responsible entity, thereby firmly assigning accountability for investigating and addressing illegal acts. We must uphold the principle that “where there is power, there is responsibility; where there is responsibility, there must be commitment; and where responsibility is neglected, there must be accountability,” systematically delineating the specific responsibilities corresponding to each administrative enforcement authority, specifying the responsible entities, the grounds for accountability, the circumstances warranting accountability, and the grounds for exemption from liability, and improving the accountability mechanism. It is strictly prohibited to shift enforcement responsibilities onto the grassroots level under the guise of local administration. Units and individuals that fail to perform their duties as required shall be held accountable in accordance with disciplinary and legal provisions.
　　V. In accordance with the principles of openness, transparency, and efficiency, and in line with the requirements of performing official duties, a unified set of procedures and an operational manual for comprehensive administrative law enforcement in ecological and environmental protection shall be developed. These documents shall clearly define the workflows, performance standards, processing time limits, codes of conduct, and other relevant aspects for each enforcement matter, thereby eliminating ambiguous provisions in administrative law enforcement, reducing discretionary powers, and ensuring that identical matters under similar circumstances are subject to uniform penalties and non-discriminatory enforcement. Ecological and environmental protection enforcement matters shall be incorporated into the local integrated administrative law enforcement command-and‑dispatch platform for unified management, with active promotion of the “Internet Plus Unified Command Plus Comprehensive Law Enforcement” model. Efforts will be made to strengthen inter‑departmental coordination and collaboration, gradually achieving online record‑keeping throughout the entire process—covering enforcement actions, procedural steps, and outcomes—and reinforcing oversight over the exercise of administrative law enforcement authority.
　　VI. In accordance with the principles of prioritizing key areas and achieving tangible results, focus on administrative enforcement matters in the field of ecological and environmental protection that are most closely related to market entities and the general public, and work diligently to address the most pressing issues that have drawn widespread concern, ensuring that market entities and the public can truly experience the benefits of reform. Develop clear, easy-to-understand requirements for performing administrative enforcement duties, along with corresponding accountability measures, and intensify publicity efforts so that market entities, the public, and other stakeholders can readily understand and apply these guidelines, facilitating access, use, and oversight. Taking into account the current situation, tasks, and specific characteristics of ecological and environmental protection enforcement, explore and establish a quantifiable, comprehensive assessment framework for administrative enforcement performance, which will serve as an important basis for the coordinated allocation and optimized deployment of staffing resources. Ensure smooth channels for receiving complaints, tracking progress, and providing feedback on outcomes, and encourage and support market entities, the public, social organizations, and the media to exercise oversight over administrative enforcement activities.
　　VII. All regions and departments must attach great importance to deepening the reform of comprehensive administrative law enforcement for ecological and environmental protection, fully implement the reform measures related to clarifying, reducing, regulating, and publicly disclosing powers, and coordinate efforts to advance institutional reform, functional transformation, and style-of-work improvement. It is essential to strengthen organizational leadership, enforce accountability, specify timelines and requirements, and ensure that all tasks are meticulously planned and effectively carried out, so as to guarantee the successful implementation and effectiveness of the reform measures. The Ministry of Ecology and Environment shall enhance its business guidance to local ecological and environmental authorities, promote the refinement of enforcement procedures, rigorously enforce accountability, strengthen enforcement oversight, and continuously improve the efficiency of comprehensive administrative law enforcement in ecological and environmental protection and the level of law-based administration. The Central Institution Organization Commission shall, in coordination with the Ministry of Justice, reinforce overall planning, coordination, and quality control.

　　The “Guidance Catalogue” shall be issued by the Ministry of Ecology and Environment in accordance with the spirit of this notice.

　　General Office of the State Council

　　February 28, 2020

　　Since the launch of the central environmental inspection campaign, many enterprises have become increasingly apprehensive about environmental compliance, leading to widespread anxiety. While these inspections, which have been ongoing for years, have effectively cracked down on various environmental violations, they have also given rise to a significant number of one-size-fits-all enforcement measures.
　　On November 15, 2019, Li Ganjie, Secretary of the Party Group and Minister of the Ministry of Ecology and Environment, delivered a speech at the Exchange and Promotion Conference on Supporting and Serving the Green Development of Private Enterprises. He pointed out:
　　Ecological and environmental protection must be carried out in strict accordance with laws and regulations. We must avoid seeking short-term gratification and refrain from excessive theorizing or idealism. As long as we diligently implement the provisions set forth in laws, regulations, and standards, we can successfully win the battle against pollution and achieve our goals and tasks. Although there are still many issues that warrant attention, those that have not yet been elevated to the level of legal, regulatory, or standard requirements can be set aside for the time being. After all, problems do not arise overnight, nor can they be resolved in a single day.
　　The immediate priority is to ensure the effective implementation of the tasks mandated by existing laws, regulations, and standards. If there are other matters that genuinely require attention, they should first be addressed through the formulation or revision of relevant legal and regulatory frameworks. The same principle applies to enterprises: operating in full compliance with the law and established norms is not only a social responsibility but also conducive to their own sustainable development; otherwise, such practices are unsustainable, leaving companies unable to move forward smoothly, go far, or perform effectively in the future. All stakeholders must recognize this imperative.
　　The “one-size-fits-all” approach and crude, heavy-handed measures in the field of ecological and environmental protection are quintessential manifestations of formalism and bureaucratic practices. We have consistently adopted a clear-cut stance, firmly opposing and strictly prohibiting such practices; whenever they are detected, they are met with severe punishment, with zero tolerance. The so‑called “one-size-fits-all” approach and simplistic, heavy-handed methods mainly fall into two categories.
　　The first scenario is one of inaction during routine times and haphazard action when emergencies arise: neglecting responsibilities in normal circumstances, only to suspend operations temporarily upon the arrival of inspections, then reverting to the same old practices once the inspectors have departed—without distinguishing between violations and compliance, or between issues that are closely tied to public welfare and those that are not. This approach is deeply problematic; environmental protection efforts must be grounded in consistent, day-to-day work.
　　The second scenario is failing to provide adequate time for corrective action. Some issues are legacy problems; their accumulation has been a gradual process, and resolving them likewise requires time. For instance, if an enterprise’s pollutant emissions fall short of regulatory standards, it should be granted sufficient time to implement improvements and achieve compliance—whether one month, three months, six months, or even longer—so long as the enterprise takes concrete steps. After all, taking action is always better than doing nothing.
　　Of course, we also hope that enterprises will recognize that granting a period for corrective action does not mean the ecological and environmental authorities have relaxed their requirements; on the contrary, such requirements remain in force. If, by the agreed deadline, the issues have still not been resolved, we cannot be held responsible—nor would that constitute an arbitrary or overly simplistic approach. I wish to make these points clear to all, foster mutual understanding, and work together to get things done effectively.