Energy Conservation Law of the People's Republic of China (Revised in 2016)
Energy Conservation Law of the People's Republic of China (Revised in 2016)
Energy Conservation Law of the People's Republic of China (Revised in 2016)
Order of the President No.48
July 2, 2016
(Adopted at the 28th Session of the Standing Committee of the 8th National People's Congress on November 1, 1997, amended and adopted at the 30th Session of the Standing Committee of the 10th National People's Congress on October 28, 2007, and amended according to the Decision of the Standing Committee of the National People's Congress on Amending the Energy Conservation Law of the People's Republic of China and Other Five Laws that was adopted by the 21st session of the Standing Committee of the 12th National People's Congress on July 2, 2016)
Contents
Chapter I General Provisions
Chapter II Energy Conservation Administration
Chapter III Rational Energy Use and Conservation
Section 1 General Rules
Section 2 Industrial Energy Conservation
Section 3 Building Energy Efficiency
Section 4 Energy Conservation in Transportation
Section 5 Energy Conservation by Public Bodies
Section 6 Energy Conservation by Key Energy-Using Units
Chapter IV Advancement in Energy-Saving Technologies
Chapter V Incentives
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated with the view to promoting energy conservation in the whole society, improving energy utilization efficiency, protecting and improving the environment, and advancing an all-round coordinated and sustainable development of the economy and the society.
Article 2 For the purposes of this Law, the term "energy resources" refers to coal, petroleum, natural gas, biomass energy and electricity, thermal power and all other types of resources from which usable energy may be obtained directly or through their processing or transformation.
Article 3 For the purposes of this Law, the term "energy conservation" refers to enhanced energy utilization management through the adoption of measures that are technologically feasible, economically viable and environmentally and socially affordable for purposes of lowering consumption, reducing losses and pollutant discharges, and stopping wastefulness in all phases from energy production to its consumption, so as to realize an efficient and rational utilization of energy resources.
Article 4 Resource conservation is a fundamental policy of our nation. The energy development strategy of the State is to conserve and develop energy resources at the same time, with priorities placed on energy conservation.
Article 5 The State Council and the local people's governments at the county level or above shall include energy conservation in national socio-economic development plans and annual plans; they shall also oversee the formulation and implementation of medium- and long-term special plans on energy conservation and annual energy conservation plans.
The State Council and the local people's governments at the county level or above shall report their work in energy conservation to the People's Congress or its Standing Committee at the same level.
Article 6 The State shall implement a responsibility system and a performance evaluation system for the fulfillment of energy conservation targets. The status in achieving energy conservation targets shall be included in the performance evaluation of local people's governments and the corresponding personnel in charge.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as "centrally-governed municipalities") shall report annually to the State Council on their performance of responsibilities in respect of achieving energy conservation targets.
Article 7 The State shall implement industrial policies that are conducive to energy conservation and environmental protection, limit the development of industries that are high in energy consumption and pollution discharge, and develop industries that are energy-saving and environmentally friendly.
The State Council and the people's governments of provinces, autonomous regions and centrally governed municipalities shall step up efforts in energy conservation; rationally adjust industrial structures, enterprise structures, product structures and energy consumption structures; encourage enterprises to lower their energy consumption per unit of output value and energy consumption per product; eliminate backward production capabilities; improve energy development, processing, transformation, transportation, storage and its supply; and increase energy utilization efficiency.
The State shall encourage and support the development and utilization of new energy resources and renewable energy resources.
Article 8 The State shall encourage and support the research, development, demonstration and dissemination of energy conservation science and technologies, and shall promote innovation and advancement of energy-saving technologies.
The State shall carry out energy conservation campaigns and education, include the knowledge of energy conservation in its national education and training systems, disseminate scientific knowledge of energy conservation among the people, enhance the nation's awareness of energy conservation, and advocate energy-saving consumption patterns.
Article 9 All organizations and individuals shall perform their obligation of energy conservation and have the right to report acts of wastefulness of energy resources.
The news media shall publicize the laws, regulations, and policies in relation to energy conservation, and shall fulfill its supervisory function.
Article 10 The department in charge of energy conservation (hereinafter referred to as the "department of energy conservation") under the State Council shall be responsible for the supervision and administration of energy conservation throughout the nation. The relevant departments under the State Council shall be responsible for the supervision and administration of energy conservation within their respective areas of responsibility and shall be guided by the department of energy conservation under the State Council.
The departments of energy conservation under the local people's governments at or above the county level shall be responsible for the supervision and administration of energy conservation within their respective administrative areas. The relevant departments under the local people's governments at or above the county level shall take responsibility for the supervision and administration of energy conservation within their respective areas of responsibility and shall be guided by the departments of energy conservation at the same level.
Chapter II Energy Conservation Administration
Article 11 The State Council and local people's governments at or above the county level shall strengthen the leadership for energy conservation work and shall plan, coordinate, supervise, inspect and promote energy conservation work.
Article 12 The departments of energy conservation and other relevant departments under the people's governments at or above the county level shall, within their respective areas of responsibility, step up supervision and inspection of the implementation of energy conservation laws, regulations and standards and investigate and deal with illegal acts of energy use in accordance with the law.
The performance of energy conservation supervisory and administrative duties shall not involve any fees charged to the subject of supervision and administration.
Article 13 The department of standardization under the State Council and other relevant departments under the State Council shall formulate and timely revise the relevant national and industrial standards for energy conservation and establish a system of energy conservation standards and make improvements thereto.
The department of standardization under the State Council shall, in conjunction with the department for the management of energy conservation under the State Council and other relevant departments under the State Council, establish mandatory energy efficiency standards for energy-using products and equipment and mandatory energy consumption limits per unit of products on products with high energy consumption in the production process.
The State shall encourage enterprises to establish energy conservation standards that are stricter than the national or industrial standards.
Except where otherwise stipulated in this Law, where provinces, autonomous regions, and centrally governed municipalities establish regional energy conservation standards that are stricter than the mandatory national or industrial standards, they shall be reported by the people's governments of the provinces, autonomous regions, and centrally governed municipalities to the State Council for approval.
Article 14 The national and industrial building energy conservation standards shall be formulated by the department of construction under the State Council and be published in accordance with the statutory procedures.
The departments of construction under the people's governments of provinces, autonomous regions, and centrally governed municipalities may formulate regional building energy conservation standards that are stricter than the national or industrial standards based on actual local conditions and file such regional standards with the department of standardization and the department of construction under the State Council for the record.
Article 15 The State shall implement an energy conservation assessment and review system on fixed asset investment projects.
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Order of the President No.48
July 2, 2016
(Adopted at the 28th Session of the Standing Committee of the 8th National People's Congress on November 1, 1997, amended and adopted at the 30th Session of the Standing Committee of the 10th National People's Congress on October 28, 2007, and amended according to the Decision of the Standing Committee of the National People's Congress on Amending the Energy Conservation Law of the People's Republic of China and Other Five Laws that was adopted by the 21st session of the Standing Committee of the 12th National People's Congress on July 2, 2016)
Contents
Chapter I General Provisions
Chapter II Energy Conservation Administration
Chapter III Rational Energy Use and Conservation
Section 1 General Rules
Section 2 Industrial Energy Conservation
Section 3 Building Energy Efficiency
Section 4 Energy Conservation in Transportation
Section 5 Energy Conservation by Public Bodies
Section 6 Energy Conservation by Key Energy-Using Units
Chapter IV Advancement in Energy-Saving Technologies
Chapter V Incentives
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated with the view to promoting energy conservation in the whole society, improving energy utilization efficiency, protecting and improving the environment, and advancing an all-round coordinated and sustainable development of the economy and the society.
Article 2 For the purposes of this Law, the term "energy resources" refers to coal, petroleum, natural gas, biomass energy and electricity, thermal power and all other types of resources from which usable energy may be obtained directly or through their processing or transformation.
Article 3 For the purposes of this Law, the term "energy conservation" refers to enhanced energy utilization management through the adoption of measures that are technologically feasible, economically viable and environmentally and socially affordable for purposes of lowering consumption, reducing losses and pollutant discharges, and stopping wastefulness in all phases from energy production to its consumption, so as to realize an efficient and rational utilization of energy resources.
Article 4 Resource conservation is a fundamental policy of our nation. The energy development strategy of the State is to conserve and develop energy resources at the same time, with priorities placed on energy conservation.
Article 5 The State Council and the local people's governments at the county level or above shall include energy conservation in national socio-economic development plans and annual plans; they shall also oversee the formulation and implementation of medium- and long-term special plans on energy conservation and annual energy conservation plans.
The State Council and the local people's governments at the county level or above shall report their work in energy conservation to the People's Congress or its Standing Committee at the same level.
Article 6 The State shall implement a responsibility system and a performance evaluation system for the fulfillment of energy conservation targets. The status in achieving energy conservation targets shall be included in the performance evaluation of local people's governments and the corresponding personnel in charge.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as "centrally-governed municipalities") shall report annually to the State Council on their performance of responsibilities in respect of achieving energy conservation targets.
Article 7 The State shall implement industrial policies that are conducive to energy conservation and environmental protection, limit the development of industries that are high in energy consumption and pollution discharge, and develop industries that are energy-saving and environmentally friendly.
The State Council and the people's governments of provinces, autonomous regions and centrally governed municipalities shall step up efforts in energy conservation; rationally adjust industrial structures, enterprise structures, product structures and energy consumption structures; encourage enterprises to lower their energy consumption per unit of output value and energy consumption per product; eliminate backward production capabilities; improve energy development, processing, transformation, transportation, storage and its supply; and increase energy utilization efficiency.
The State shall encourage and support the development and utilization of new energy resources and renewable energy resources.
Article 8 The State shall encourage and support the research, development, demonstration and dissemination of energy conservation science and technologies, and shall promote innovation and advancement of energy-saving technologies.
The State shall carry out energy conservation campaigns and education, include the knowledge of energy conservation in its national education and training systems, disseminate scientific knowledge of energy conservation among the people, enhance the nation's awareness of energy conservation, and advocate energy-saving consumption patterns.
Article 9 All organizations and individuals shall perform their obligation of energy conservation and have the right to report acts of wastefulness of energy resources.
The news media shall publicize the laws, regulations, and policies in relation to energy conservation, and shall fulfill its supervisory function.
Article 10 The department in charge of energy conservation (hereinafter referred to as the "department of energy conservation") under the State Council shall be responsible for the supervision and administration of energy conservation throughout the nation. The relevant departments under the State Council shall be responsible for the supervision and administration of energy conservation within their respective areas of responsibility and shall be guided by the department of energy conservation under the State Council.
The departments of energy conservation under the local people's governments at or above the county level shall be responsible for the supervision and administration of energy conservation within their respective administrative areas. The relevant departments under the local people's governments at or above the county level shall take responsibility for the supervision and administration of energy conservation within their respective areas of responsibility and shall be guided by the departments of energy conservation at the same level.
Chapter II Energy Conservation Administration
Article 11 The State Council and local people's governments at or above the county level shall strengthen the leadership for energy conservation work and shall plan, coordinate, supervise, inspect and promote energy conservation work.
Article 12 The departments of energy conservation and other relevant departments under the people's governments at or above the county level shall, within their respective areas of responsibility, step up supervision and inspection of the implementation of energy conservation laws, regulations and standards and investigate and deal with illegal acts of energy use in accordance with the law.
The performance of energy conservation supervisory and administrative duties shall not involve any fees charged to the subject of supervision and administration.
Article 13 The department of standardization under the State Council and other relevant departments under the State Council shall formulate and timely revise the relevant national and industrial standards for energy conservation and establish a system of energy conservation standards and make improvements thereto.
The department of standardization under the State Council shall, in conjunction with the department for the management of energy conservation under the State Council and other relevant departments under the State Council, establish mandatory energy efficiency standards for energy-using products and equipment and mandatory energy consumption limits per unit of products on products with high energy consumption in the production process.
The State shall encourage enterprises to establish energy conservation standards that are stricter than the national or industrial standards.
Except where otherwise stipulated in this Law, where provinces, autonomous regions, and centrally governed municipalities establish regional energy conservation standards that are stricter than the mandatory national or industrial standards, they shall be reported by the people's governments of the provinces, autonomous regions, and centrally governed municipalities to the State Council for approval.
Article 14 The national and industrial building energy conservation standards shall be formulated by the department of construction under the State Council and be published in accordance with the statutory procedures.
The departments of construction under the people's governments of provinces, autonomous regions, and centrally governed municipalities may formulate regional building energy conservation standards that are stricter than the national or industrial standards based on actual local conditions and file such regional standards with the department of standardization and the department of construction under the State Council for the record.
Article 15 The State shall implement an energy conservation assessment and review system on fixed asset investment projects.
......