Law of the People's Republic of China on Renewable Energy

Law of the People's Republic of China on Renewable Energy

Order of the President [2005] No.33

February 28, 2005

Adopted at the 14th session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on February 28, 2005, the Law of the People's Republic of China on Renewable Energy is hereby promulgated and shall come into force as of January 1, 2006.

Hu Jintao President of the People's Republic of China

Appendix: Law of the People's Republic of China on Renewable Energy

Contents
Chapter I General Provisions
Chapter II Resources Investigation and Development Planning
Chapter III Industrial Guidance and Technical Support
Chapter IV Promotion and Application
Chapter V Price Control and Cost Apportionment
Chapter VI Economic Incentives and Supervisory Measures
Chapter VII Legal Responsibilities
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purpose of promoting the development and utilization of renewable energy, increasing the supply of energy, improving the structure of energy, safeguarding the safety of energy, protecting environment and realizing sustainable economic and social development.

Article 2 "Renewable energy" mentioned in this Law refers to non-fossil energies, such as wind energy, solar energy, hydroenergy, bioenergy, geothermal energy and ocean energy, etc.
The application of this Law relating to hydropower shall be regulated by the competent department of energy under the State Council and be submitted to the State Council for approval.
This Law shall not apply to the utilization of straws or stalks, firewood or dung in the form of direct burning through an inefficient stove.

Article 3 This Law shall apply to the territory and other sea areas under the jurisdiction of the People's Republic of China.

Article 4 The state shall give priority to the development and utilization of renewable energy in energy development and promote the establishment and development of the renewable energy market by setting an overall target for the development and utilization of renewable energy and adopting corresponding measures.
The state shall encourage economic entities of different ownerships to participate in the development and utilization of renewable energy and shall protect the legitimate rights and interests of those who develop and utilize renewable energy.

Article 5 The competent department of energy under the State Council shall conduct unified administration over the development and utilization of renewable energy throughout the country. Relevant departments under the State Council shall, according to their respective functions and duties, be responsible for administration over the development and utilization of relevant renewable energy.
The energy administrative departments of local governments at and above county level shall be responsible for administration over the development and utilization of renewable energy in their respective administrative regions. Relevant departments of local governments at and above county level shall, according to their respective functions and duties, be responsible for administration over the development and utilization of relevant renewable energy.

Chapter II Resources Investigation and Development Planning

Article 6 The competent department of energy under the State Council shall organize and coordinate the investigation of renewable energy throughout the country and, in conjunction with relevant departments under the State Council, organize the formulation of the technical criteria for resources investigations.
Relevant departments under the State Council shall, according to their respective functions and duties, take charge of the investigation of relevant renewable energy and submit the investigation results to the competent department of energy under the State Council.
All results of the investigation of renewable energy shall be disclosed except those that the state requires to be kept confidential.

Article 7 The competent department of energy under the State Council shall, according to the energy demand and the status of the renewable energy throughout the country, set up long-term and medium-term targets for the development and utilization of renewable energy, submit such targets to the State Council for approval, and publish and implement them upon approval.
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