Regulation on the Administration of Urban Gas (2016 Revision)

Regulation on the Administration of Urban Gas (2016 Revision) Regulation on the Administration of Urban Gas (Promulgated by the Order NO. 583 of the State Council of the People's Republic of China on Nov. 19, 2010; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016) Chapter I General Provisions Article 1 This Regulation is formulated to strengthen the administration of urban gas, guarantee gas supply, prevent and reduce gas safety accidents, safeguard the life and property safety of citizens and the public safety, protect the legitimate rights and interests of gas operators and gas users and promote the healthy development of gas enterprise. Article 2 This Regulation shall apply to urban gas development plan and emergency guarantee, gas operation and service, gas using, gas facilities protection, prevention and disposal of gas safety accidents and the relevant administrative activities. This Regulation shall not apply to the production and import of natural gas and liquefied petroleum gas, pipeline transmission of natural gas outside city gate stations, the use of gas as raw material for industrial production, the production and use of methane and straw gas. The term “gas” as mentioned in this Regulation refers to gas fuel which is used as fuel and meets certain requirements, including natural gas (including coal-bed gas), liquefied petroleum gas, manufactured gas, etc. Article 3 The work concerning gas shall follow the principle of overall planning, safety assurance, supply guarantee, standard service and energy efficient. Article 4 The people's governments at or above the county level shall strengthen guidance to the work concerning gas and bring it into the plan for national economic and social development. Article 5 The department of housing and urban-rural development under the State Council shall be responsible for the nationwide gas administration. The gas administrative departments of the local people's governments at or above the county level shall be responsible for the gas administration within their respective administrative regions. Other relevant departments of the people's governments at or above the county level shall, in accordance with the provisions of this Regulation and other relevant laws and regulations, be responsible for the relevant work of gas administration within their respective functions. Article 6 The state shall encourage and support gas scientific and technological research, popularize the use of safe, energy efficient and environmentally friendly new technologies, new techniques and new products of gas. Article 7 The relevant departments of the people's governments at or above the county level shall establish a supervision and administration system on gas safety, publicize and popularize laws, regulations and safety knowledge on gas, and raise the gas safety awareness of the whole people. Chapter II Gas Development Plan and Emergency Guarantee Article 8 The department of housing and urban-rural development under the State Council shall, jointly with the relevant departments under the State Council, organize to formulate the national plan for gas development in accordance with the plan for national economic and social development, the overall plan of land utilization, urban and rural planning and the energy program and in light of the balance situation of the total amount of national gas resources and organize the implementation thereof. The gas administrative department of the local people's government at or above the county level shall, jointly with the relevant departments, organize to formulate the plan for gas development of its respective administrative region in accordance with the plan for national economic and social development, the overall plan for land utilization, the urban and rural planning, the energy program and the plan for gas development of the next higher level, organize the implementation thereof upon the approval of the people's government at the same level and file it with the gas administrative department of the people's government at the next higher level for archival purpose. Article 9 The contents of a plan for gas development shall include: gas source, gas type, method and scale of gas supply, layout and construction sequence of gas facilities, land for gas facilities construction, protection scope of gas facilities, safeguard measures for gas supply, safeguard measures for gas safety, etc. Article 10 The local people's governments at or above the county level shall, based on the requirements of the plans for gas development, increase funds in gas facilities construction and encourage social funds to be invested in the construction of gas facilities. Article 11 Supporting gas facilities shall be constructed or the land for gas facilities construction shall be reserved for the construction of new districts and the reconstruction of old districts in accordance with the urban and rural planning and the plan for gas development. As for gas facilities construction projects within the scope of the plan for gas development, the urban and rural planning administrative department shall, when issuing written proposals of location, solicit the opinions of the gas administrative department on whether the gas facilities construction conforms to the plan for gas development; where it is not necessary to issue a written proposal of location, the urban and rural planning administrative department shall, when issuing the license for construction land use planning or the permit for village construction planning, solicit the opinions of the gas administrative department on whether the gas facilities construction conforms to the plan for gas development. Upon the completion of a gas facilities construction project, the construction entity shall organize the completion acceptance in accordance with the law and file the completion acceptance information with the gas administrative department for archival purpose within 15 days as of the date on which it passes the completion acceptance. Article 12 The local people's governments at or above the county level shall establish and improve the gas emergency reserve system, organize to formulate gas emergency plans, and take comprehensive measures to improve the ability of gas emergency guarantee. A gas emergency plan shall clarify the gas source and type in case of emergency, method of emergent supply, emergency response procedure, emergency rescue measures, etc. The gas administrative departments of the local people's governments at or above the county level shall, jointly with the relevant departments, conduct monitoring, forecast and early warning on gas supply and demand situation. Article 13 After the occurrence of a serious shortage of gas supply, interruption of supply or any other emergency, the local people's government at or above the county level shall timely take such emergency measures as using the reserves, intervention schedule, etc., and gas operators and other relevant entities and individuals shall cooperate and undertake the relevant emergency tasks. Chapter III Gas Operation and Service Article 14 Gas operators shall be selected in the manner of bidding for gas facilities constructed with government investment. As for a gas facility constructed with social funds investment, the investor may operate it by himself, or may separately select gas operators. Article 15 The state applies a licensing system to gas operation. Enterprises engaged in gas operating activities shall meet the following requirements: 1. Meeting the requirements of the plans for gas development; 2. Having gas sources and gas facilities meeting the national standards; 3. Having a fixed place of business, a perfect safety management system and a sound operation plan; 4. The main principal, work safety manager and the operation, maintenance and repair personnel of enterprises being professionally trained and qualified in evaluation; and 5. Meeting other requirements prescribed by laws and regulations. An enterprise conforming to the provisions of the preceding paragraph shall be issued the Gas Business Certificate by the gas administrative department of the local people's government at or above the county level. Article 16 Any individual is prohibited from engaging in pipeline gas operating activities. An individual engaged in bottled gas operating activities shall comply with the relevant provisions of the province, autonomous region or municipality directly under the Central Government. Article 17 A gas operator shall supply gas which meets the national quality standards to gas users in a continuous, stable and safe way, guide them to use gas safely and economically, and regularly conduct safety inspection on gas facilities. A gas operator shall make public its business process, service commitment, charging standard, service hotline, etc., and provide services in accordance with the national gas service standard. Article 18 A gas operator shall not commit any of the following conducts: 1. Refusing to supply gas to any entity or individual that meets the gas using requirements within the coverage area of the municipal gas pipe network; 2. Reselling at a profit, mortgaging, leasing, lending, transferring or altering the Gas Business Certificate; 3. Suspending gas supply or adjusting gas supply amount without performing necessary informing duty, or terminating or suspending its business operations without approval; 4. Providing gas to be used for operation to any entity or individual that has not obtained the Gas Business Certificate; 5. Storing gas in places which do not meet the relevant requirements for work safety; 6. Requiring gas users to buy products designated by it or accept services provided by it; 7. Filling gas in non-self-owned gas bottles without approval; 8. Selling bottled gas filled by unauthorized filling entities or selling bottled gas filled in non-self-owned gas bottles by filling entities without approval; or 9. Engaging in gas operation or service activities by infringing other enterprises'......