Law of the People's Republic of China on Renewable Energies (Amended in 2009)

Law of the People's Republic of China on Renewable Energies (Amended in 2009)
Law of the People's Republic of China on Renewable Energies (Amended in 2009)

Order of the Chairman of the People's Republic of China No. 23

December 26, 2009

Adopted at the 14th session of the Standing Committee of the 10th National People's Congress on February 28, 2005, and amended by the Decision on Amending the Law of the People's Republic of China on Renewable Energies passed at the 12th session of the Standing Committee of the 11th National People's Congress on December 26, 2009, with effect from April 1, 2010.

Table of Contents
Chapter I General Provisions
Chapter II Resource Investigation and Development Planning
Chapter III Industrial Guidance and Technical Support
Chapter IV Popularization and Application
Chapter V Price Controls and Compensation for Costs
Chapter VI Economic Incentives and Supervisory Measures
Chapter VII Legal Liability
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 a sustainable economic and social development.

Article 2 For the purpose of this Law, "renewable energy" 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 set forth by the administrative department of energy of 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 cooking range.

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 subjects of different ownership 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 administrative department of energy of the State Council shall conduct unified administration of the development and utilization of renewable energy throughout the country. Other relevant departments of the State Council shall, according to their respective functions and duties, conduct administration of the development and utilization of the relevant renewable energy.
The administrative departments in charge of the energy work of the local people's governments at and above the county level shall conduct administration of the development and utilization of renewable energy in their respective administrative regions. Other relevant departments of the local people's governments at and above the county level shall, according to their respective functions and duties, conduct administration of the development and utilization of the relevant renewable energy.

Chapter II Resources Investigation and Development Planning

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

Article 7 The administrative department of energy of the State Council shall, in light of the energy demand and the status of the renewable energies throughout the country, formulate a national long- and medium-term total target for the development and utilization of renewable energies, submit it to the State Council for approval, and publish and implement it after it has been approved by the State Council.
The administrative department of energy of the State Council shall, according to the total target as set according to the preceding paragraph and in light of the economic development and the conditions about the renewable energies of each province, autonomous region and municipality directly under the Central Government, and in conjunction with the people's government of each province, autonomous region and municipality directly under the Central Government, fix and publish a long- and medium-term target for the development and utilization of renewable energies for each administrative region.
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