Energy Law of the People's Republic of China
Energy Law of the People's Republic of China
Energy Law of the People's Republic of China
Order of the President of the People's Republic of China No. 37
November 8, 2024
The Energy Law of the People's Republic of China, which has been adopted at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024, is hereby promulgated and shall become effective from January 1, 2025.
The Energy Law of the People's Republic of China
(Adopted at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024)
Contents
Chapter I General Provisions
Chapter II Energy Planning
Chapter III Energy Development and Utilization
Chapter IV Energy Market System
Chapter V Energy Storage and Emergency Response
Chapter VI Energy Technology Innovation
Chapter VII Supervision and Administration
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purpose of promoting the high-quality development of energy, safeguarding national energy security, boosting economic and social transformation towards green, low-carbon, and sustainable development, and actively and steadily advancing carbon dioxide peaking and carbon neutrality in pursuit of building a modern socialist country in all aspects.
Article 2 For the purposes of this Law, "energy" refers to various resources from which usable energy is obtained, either directly or through processing and conversion, including coal, petroleum, natural gas, nuclear energy, hydropower, wind power, solar energy, biomass energy, geothermal energy, ocean energy, as well as electricity, thermal energy, hydrogen energy, among others.
Article 3 While implementing energy-related work, it is required to adhere to the leadership of the Communist Party of China, practice new development philosophy and a holistic approach to national security, coordinate development and security, and apply new strategies on energy security to promote revolutions of energy consumption, energy supply, energy technologies, energy system, and all-round international cooperation, and step up efforts to build a clean, low-carbon, safe, and efficient new energy system by respecting domestic conditions, providing guarantee from various aspects, giving priority to conservation, and pursuing green development.
Article 4 The State shall, guided by the principles of multi-pronged measures, targeted measures, scientific management, and social co-governance, improve energy-saving policies, strengthen energy-saving administration, and take economic, technological, publicity, and educational measures to reduce energy consumption and prevent energy waste in the entire process and all fields of economic and social development.
Article 5 The State shall improve energy development and utilization policies, optimize energy supply and consumption structures, actively promote clean and low-carbon energy development, and enhance energy utilization efficiency.
The State shall establish a new mechanism for driving the shift from dual control over total energy consumption and intensity towards dual control of total carbon emissions and intensity, and accelerate the establishment of dual control system for total carbon emissions and intensity.
Article 6 The State shall speed up the establishment of an energy market system featuring a great variety of entities, unified and open environment, orderly competition, and effective regulation, regulate the order of the energy market in accordance with the law, and safeguard the legitimate rights and interests of all entities in the energy market in an equal manner.
Article 7 The State shall improve energy production, supply, storage, and sales systems, perfect the energy reserve system and energy emergency response mechanism, improve energy supply capabilities, and ensure safe, stable, reliable, and effective energy supply.
Article 8 The State shall establish and improve its energy standards system, ensure energy security and green and low-carbon transformation, and promote the development of new technologies, new industries, and new business forms.
Article 9 The State shall strengthen the building of its capacity in technological innovation on energy, support the technological research, application demonstration, and industrialization on energy development and utilization, and provide scientific and technological support for high-quality energy development.
Article 10 The State shall adhere to the principles of equality, mutual benefit, and win-win cooperation, and shall actively promote international energy cooperation.
Article 11 The people's governments at or above the county level shall strengthen the organization, leadership, and overall coordination in energy-related work and shall study and solve major problems arising from the work in a timely manner.
The people's governments at or above the county level shall incorporate energy-related work into national economic and social development plans and annual plans.
Article 12 The energy administration under the State Council shall take charge of energy-related work nationwide. Other relevant authorities under the State Council shall be in charge of energy-related work within the scope of their respective duties.
The energy administration of the local people's governments at or above the county level shall take charge of energy-related work in their respective administrative regions. Other relevant departments of local people's governments at or above the county level shall be in charge of energy-related work in their respective administrative regions within the scope of their respective duties.
Article 13 The people's governments at or above the county level and relevant departments thereof shall take various means to strengthen publicity and education on energy conservation, energy security, and green energy development to enhance the awareness of energy conservation and energy security within the society at large and promote a green and low-carbon mode of production and living.
News media shall carry out public welfare publicity on energy conservation, energy security, and green energy development.
Article 14 Entities and individuals with outstanding contributions in energy-related work shall be recognized and rewarded in accordance with the relevant regulations of the State.
Chapter II Energy Planning
Article 15 The State shall formulate and improve energy planning and give full play to the role of energy planning in leading, guiding, and regulating energy development.
Energy planning shall cover national comprehensive energy planning, national energy planning by sector, regional energy planning, and energy planning of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 16 The national comprehensive energy planning shall be compiled by the energy administration under the State Council in conjunction with relevant departments of the State Council. The national comprehensive energy planning shall be formulated in accordance with the national economic and social development plans and in line with the territorial spatial planning and other plans.
The national energy planning by sector shall be compiled by the energy administration under the State Council in conjunction with relevant departments of the State Council in accordance with the national comprehensive energy planning.
The energy administration under the State Council, in conjunction with relevant departments of the State Council and the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government, may formulate regional energy planning across provinces, autonomous regions, and municipalities directly under the Central Government as needed for regional economic and social development and based on energy resource endowment, energy production and consumption characteristics, and ecological and environmental protection requirements. Regional energy planning shall conform to the national comprehensive energy planning and be in line with relevant national energy planning by sector.
Article 17 The energy administration of the people's government of province, autonomous region, or municipality directly under the Central Government shall, in conjunction with relevant departments, organize the formulation of energy planning for the province, autonomous region, or municipality directly under the Central Government in accordance with the national comprehensive energy planning, relevant national energy planning by sector, and relevant regional energy planning.
If energy planning is to be formulated by the people's government of a city subdivided into districts or a county as needed, the relevant provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be followed.
Article 18 The energy planning shall be formulated by the law of energy development under overall consideration while strengthening scientific demonstration.
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Order of the President of the People's Republic of China No. 37
November 8, 2024
The Energy Law of the People's Republic of China, which has been adopted at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024, is hereby promulgated and shall become effective from January 1, 2025.
The Energy Law of the People's Republic of China
(Adopted at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024)
Contents
Chapter I General Provisions
Chapter II Energy Planning
Chapter III Energy Development and Utilization
Chapter IV Energy Market System
Chapter V Energy Storage and Emergency Response
Chapter VI Energy Technology Innovation
Chapter VII Supervision and Administration
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purpose of promoting the high-quality development of energy, safeguarding national energy security, boosting economic and social transformation towards green, low-carbon, and sustainable development, and actively and steadily advancing carbon dioxide peaking and carbon neutrality in pursuit of building a modern socialist country in all aspects.
Article 2 For the purposes of this Law, "energy" refers to various resources from which usable energy is obtained, either directly or through processing and conversion, including coal, petroleum, natural gas, nuclear energy, hydropower, wind power, solar energy, biomass energy, geothermal energy, ocean energy, as well as electricity, thermal energy, hydrogen energy, among others.
Article 3 While implementing energy-related work, it is required to adhere to the leadership of the Communist Party of China, practice new development philosophy and a holistic approach to national security, coordinate development and security, and apply new strategies on energy security to promote revolutions of energy consumption, energy supply, energy technologies, energy system, and all-round international cooperation, and step up efforts to build a clean, low-carbon, safe, and efficient new energy system by respecting domestic conditions, providing guarantee from various aspects, giving priority to conservation, and pursuing green development.
Article 4 The State shall, guided by the principles of multi-pronged measures, targeted measures, scientific management, and social co-governance, improve energy-saving policies, strengthen energy-saving administration, and take economic, technological, publicity, and educational measures to reduce energy consumption and prevent energy waste in the entire process and all fields of economic and social development.
Article 5 The State shall improve energy development and utilization policies, optimize energy supply and consumption structures, actively promote clean and low-carbon energy development, and enhance energy utilization efficiency.
The State shall establish a new mechanism for driving the shift from dual control over total energy consumption and intensity towards dual control of total carbon emissions and intensity, and accelerate the establishment of dual control system for total carbon emissions and intensity.
Article 6 The State shall speed up the establishment of an energy market system featuring a great variety of entities, unified and open environment, orderly competition, and effective regulation, regulate the order of the energy market in accordance with the law, and safeguard the legitimate rights and interests of all entities in the energy market in an equal manner.
Article 7 The State shall improve energy production, supply, storage, and sales systems, perfect the energy reserve system and energy emergency response mechanism, improve energy supply capabilities, and ensure safe, stable, reliable, and effective energy supply.
Article 8 The State shall establish and improve its energy standards system, ensure energy security and green and low-carbon transformation, and promote the development of new technologies, new industries, and new business forms.
Article 9 The State shall strengthen the building of its capacity in technological innovation on energy, support the technological research, application demonstration, and industrialization on energy development and utilization, and provide scientific and technological support for high-quality energy development.
Article 10 The State shall adhere to the principles of equality, mutual benefit, and win-win cooperation, and shall actively promote international energy cooperation.
Article 11 The people's governments at or above the county level shall strengthen the organization, leadership, and overall coordination in energy-related work and shall study and solve major problems arising from the work in a timely manner.
The people's governments at or above the county level shall incorporate energy-related work into national economic and social development plans and annual plans.
Article 12 The energy administration under the State Council shall take charge of energy-related work nationwide. Other relevant authorities under the State Council shall be in charge of energy-related work within the scope of their respective duties.
The energy administration of the local people's governments at or above the county level shall take charge of energy-related work in their respective administrative regions. Other relevant departments of local people's governments at or above the county level shall be in charge of energy-related work in their respective administrative regions within the scope of their respective duties.
Article 13 The people's governments at or above the county level and relevant departments thereof shall take various means to strengthen publicity and education on energy conservation, energy security, and green energy development to enhance the awareness of energy conservation and energy security within the society at large and promote a green and low-carbon mode of production and living.
News media shall carry out public welfare publicity on energy conservation, energy security, and green energy development.
Article 14 Entities and individuals with outstanding contributions in energy-related work shall be recognized and rewarded in accordance with the relevant regulations of the State.
Chapter II Energy Planning
Article 15 The State shall formulate and improve energy planning and give full play to the role of energy planning in leading, guiding, and regulating energy development.
Energy planning shall cover national comprehensive energy planning, national energy planning by sector, regional energy planning, and energy planning of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 16 The national comprehensive energy planning shall be compiled by the energy administration under the State Council in conjunction with relevant departments of the State Council. The national comprehensive energy planning shall be formulated in accordance with the national economic and social development plans and in line with the territorial spatial planning and other plans.
The national energy planning by sector shall be compiled by the energy administration under the State Council in conjunction with relevant departments of the State Council in accordance with the national comprehensive energy planning.
The energy administration under the State Council, in conjunction with relevant departments of the State Council and the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government, may formulate regional energy planning across provinces, autonomous regions, and municipalities directly under the Central Government as needed for regional economic and social development and based on energy resource endowment, energy production and consumption characteristics, and ecological and environmental protection requirements. Regional energy planning shall conform to the national comprehensive energy planning and be in line with relevant national energy planning by sector.
Article 17 The energy administration of the people's government of province, autonomous region, or municipality directly under the Central Government shall, in conjunction with relevant departments, organize the formulation of energy planning for the province, autonomous region, or municipality directly under the Central Government in accordance with the national comprehensive energy planning, relevant national energy planning by sector, and relevant regional energy planning.
If energy planning is to be formulated by the people's government of a city subdivided into districts or a county as needed, the relevant provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be followed.
Article 18 The energy planning shall be formulated by the law of energy development under overall consideration while strengthening scientific demonstration.
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