Circular on Seeking Public Comments on the Law of the People's Republic of China on Atomic Energy (Draft for Comment)
Circular on Seeking Public Comments on the Law of the People's Republic of China on Atomic Energy (Draft for Comment)
Circular on Seeking Public Comments on the Law of the People's Republic of China on Atomic Energy (Draft for Comment)
September 20, 2018
For the purpose of increasing the openness and transparency of legislation and improving the legislative quality, the Law of the People's Republic of China on Atomic Energy (Draft for Comment) as well as the instructions thereon, drafted by the State Administration of Science, Technology and Industry for National Defense ("SASTIND"), is hereby published for opinions from all walks of life. The general public may log on to the respective official website of the Ministry of Justice, the Legal Services of China and the Legislative Affairs Office of the State Council or follow the official WeChat account of the Ministry of Justice, to read the Draft for Comment and the instructions thereon. Entities concerned and all walks of life may submit their opinions by any of the following three means, by October 19, 2018.
1. Visiting the official website of the Legal Services of China (address: www.12348.gov.cn) or that of the Legislative Affairs Office of the State Council (address: www.chinalaw.gov.cn), to give opinions through the Column "Comments Sought on the Legislation" under the main menu on the home page.
2. Sending opinions by post to the Department of Politics, Law and National Defense of the Ministry of Justice at No.6 Chaoyangmen Avenue South, Chaoyang District, Beijing 100020, and specifying the phrase "Public Consultation for the Law on Atomic Energy" on the envelop.
3. Sending opinions by email to yznf2018@chinalaw.gov.cn.
Law of the People's Republic of China on Atomic Energy (Draft for Comment)
Chapter I General Provisions
Article 1 This Law is formulated in order to regulate and strengthen the atomic energy research, development and utilization activities, promote the scientific and technological advancements and industry upgrading, safeguard the national security, and facilitate national economic growth and social development.
Article 2 The atomic energy research, development and utilization activities carried out within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China shall be governed by this Law.
Article 3 The development of the atomic energy science and technology and the atomic energy industry shall remain committed to the strategies of military-civilian integration, innovation-driven development and sustainable development. The State encourages and supports the application of atomic energy in the national economy, social development and other fields.
Article 4 Carrying out atomic energy research, development and utilization activities requires the implementation of the Overall National Security Outlook, equal consideration to the development and security, protection of ecological environment, and guarantee of human health.
Article 5 The competent authority of nuclear industry under the State Council shall take charge of supervising and administering the atomic energy research, development and utilization activities.
The competent authority of energy and other relevant departments, under the State Council, shall take charge of supervising and administering the atomic energy research, development and utilization activities, within their respective duties.
The local people's government above the county level shall take charge of supervising and administering the atomic energy utilization activities carried out within its jurisdiction.
Article 6 The State encourages and supports the publicity and education of knowledge about atomic energy, in order to popularize scientific knowledge about atomic energy.
Article 7 The State offers policy-level support in respect of scientific and technological awards, industries, fiscal affairs, taxes and fees, etc., in accordance with State provisions, to the atomic energy research, development and utilization activities.
Article 8 Relevant State organs, enterprises and public institutions shall work effectively on the disclosure of information about the supervision and administration of the security in the atomic energy research, development and utilization activities, and the environmental impact assessment.
For important matters affecting the public interests, in the atomic energy research, development and utilization activities, relevant State organs, enterprises and public institutions shall strengthen the communication with the public, seek comments of the stakeholders, and give the feedback in a proper form.
Article 9 The State encourages and supports international exchange and cooperation for the peaceful utilization of atomic energy.
Article 10 Organizations and individuals that have made prominent contributions in the atomic energy research, development and utilization activities shall be commended and awarded under the relevant State provisions.
Chapter II Scientific Research and Technological Development
Article 11 The State strengthens the scientific research and technological development of atomic energy, improves the basic research, explores cutting-edge technologies, and promotes the building of a team of professionals with specialized expertise in the atomic energy field.
Article 12 The State builds scientific and technological innovation bases and platforms for fields relating to the atomic energy, gives play to the leading role of scientific research and technological development, intensifies the building of capacity to guarantee necessary facilities and conditions for the scientific research of atomic energy, and promotes the transformation of research achievements and the opening-up and sharing of scientific and technological resources.
Article 13 The State formulates a special plan for the scientific research and technological development of atomic energy, and mainly strengthens the research and development of advanced technologies in certain fields, such as nuclear fuel cycle, reactors and nuclear power, nuclear security and protection against nuclear radiation, application of nuclear technologies, nuclear basis and other supporting technologies.
The special plan for scientific research and technological development of atomic energy shall give consideration to development needs of relevant atomic energy enterprises, highlight the technological research and development of urgently needed projects, and improve the economical efficiency and security of the atomic energy industry.
Article 14 The State makes public the special plan for scientific research and technological development of atomic energy and the guide to project application, and inspires scientific research institutes and academies, institutions of higher learning, and enterprises to conduct the scientific research and technological development of atomic energy.
The State gives play to the guiding role of fiscal funds to encourage and stimulate entities undertaking research to increase their investment of funds in the research and development of atomic energy and boost the investment returns.
The State supports enterprises in organizing the development of scientific research programs on atomic energy, gives play to the role of enterprises as subjects in the application of and innovations in technologies, provides enterprises with subsidies, in accordance with relevant State provisions, for their advanced nuclear technologies achieved through independent research and development, and gives priority to the demonstrative application of such technologies.
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