Notice on Issuing the Interim Measures for Social Stability Risk Assessment of Major Fixed Asset Investment Projects
Article 1 To promote scientific, democratic, and law-based decision-making, prevent and resolve social conflicts, and establish and standardize the social stability risk assessment mechanism for major fixed asset investment projects, these Measures are formulated.
Article 2 These Measures apply to fixed asset investment projects constructed and implemented within the People's Republic of China that are examined and approved, approved, or submitted to the State Council for approval by the National Development and Reform Commission (hereinafter referred to as Projects).
Article 3 When organizing preliminary work for major projects, project units shall investigate and analyze social stability risks, solicit opinions from relevant residents, identify and list risk points, likelihood of occurrence, and degree of impact, propose measures to prevent and resolve risks, and recommend the level of social stability risk after relevant measures are taken.
Social stability risk analysis shall be included as an important part of the project feasibility study report and project application report, and shall be presented as a separate chapter.
Article 4 The social stability risk levels of major projects are classified into three levels:
High risk: Most residents have objections to the project and react strongly, which may trigger large-scale collective incidents.
Medium risk: Some members of the public have concerns about the project and strong reactions, which may lead to conflicts.
Low risk: Most members of the public understand and support the project, while a minority have concerns; effective measures can prevent and resolve conflicts.
Article 5 The assessment body designated by the people's government where the project is located or its relevant departments shall organize assessment and demonstration of the social stability risk analysis prepared by the project entity. Depending on actual conditions, it may adopt methods such as public notice, questionnaire surveys, field visits, symposiums, and hearings to solicit opinions from all parties, analyze and determine the risk level, and prepare a social stability risk assessment report. The report shall mainly cover the legality, rationality, feasibility, and controllability of project construction and implementation, possible social stability risks, opinions from all parties and their adoption, risk assessment conclusions and recommendations, risk prevention and resolution measures, and emergency response plans.
Article 6 Relevant departments of the State Council, provincial-level development and reform departments, and centrally administered enterprises shall, when submitting project feasibility study reports and project application reports to the National Development and Reform Commission, include opinions on the project's social stability risk assessment report in the submission documents and attach the report.
Article 7 When commissioning engineering consulting institutions to evaluate project feasibility study reports and project application reports, the National Development and Reform Commission may, as appropriate, require consulting opinions on the social stability risk analysis and assessment report in the commissioning letter.
Article 8 The social stability risk assessment report prepared by the assessment body shall serve as an important basis for the National Development and Reform Commission to approve, verify, or submit projects to the State Council for approval or verification. If the report finds that the project involves high or medium risk, the National Development and Reform Commission shall not approve, verify, or submit it. If the report finds low risk with reliable prevention and control measures, the National Development and Reform Commission may approve, verify, or submit it to the State Council, and shall require relevant parties to implement risk prevention and resolution measures in the approval document.
Article 9 If the National Development and Reform Commission fails to comply with these Measures in approving project feasibility study reports and project application reports, causing relatively large or major losses to the interests of the Party, the State, the people, and public property, relevant units and responsible persons shall be held accountable in accordance with laws and discipline.
If the assessment body fails to conduct assessment in accordance with prescribed procedures and requirements, resulting in decision-making errors, or conceals facts or falsifies information, causing relatively large or major losses to the interests of the Party, the State, the people, and public property, relevant responsible persons shall be held accountable in accordance with laws and discipline.
Article 10 The National Development and Reform Commission, relevant departments and institutions, and their staff shall observe work discipline and confidentiality requirements.
Article 11 Local development and reform departments at all levels may refer to these Measures to establish and improve the social stability risk assessment mechanism for major projects in their respective regions.
Article 12 These Measures shall be interpreted by the National Development and Reform Commission.
Article 13 From the date of issuance of these Measures, projects accepted by the National Development and Reform Commission shall be subject to these Measures.