Measures for Industrial Energy Conservation Supervision

Measures for Industrial Energy Conservation Supervision

(Issued by Order No. 58 of the Ministry of Industry and Information Technology on December 22, 2022, and coming into force on February 1, 2023)

Article 1 For the purposes of regulating industrial energy conservation supervision, promoting enterprises' energy conservation and improvement of energy utilization efficiency, accelerating green and low-carbon development and promoting carbon dioxide peaking and carbon neutrality in industrial fields, these Measures are developed in accordance with the Energy Conservation Law of the People's Republic of China and other relevant laws and administrative regulations.

Article 2 For the purpose of these Measures, “industrial energy conservation supervision” means industrial energy conservation supervision departments' legal supervisory inspection of the implementation of the laws, regulations and rules and compulsory national standards on energy conservation administration by energy production, utilization, service and other relevant enterprises in the field of industry and information technology, investigation and punishment of illegal energy utilization, and provision of suggestions on legal and rational energy utilization.

Article 3 The Ministry of Industry and Information Technology shall be responsible for industrial energy conservation supervision nationwide, organize the development and implementation of the annual work plans for industrial energy conservation supervision nationwide, and strengthen the guidance and overall coordination of industrial energy conservation supervision nationwide.
The departments of industry and information technology of the local people's governments at or above the county level or other industrial energy conservation supervision administrative departments determined by the local people's governments at or above the county level shall be responsible for industrial energy conservation supervision within their respective administrative regions, and develop and implement the annual work plans for industrial energy conservation supervision within their respective administrative regions.
The Ministry of Industry and Information Technology, the departments of industry and information technology of the local people's governments at or above the county level, and other industrial energy conservation supervision administrative departments determined by the local people's governments at or above the county level are collectively referred to as industrial energy conservation supervision departments.

Article 4 Industrial energy conservation supervision shall be conducted under the principles of legality, openness, fairness, impartiality and efficiency.
No fees shall be charged from the supervisees for conducting industrial energy conservation supervision.

Article 5 Supervisees shall support industrial energy conservation supervision, faithfully explain the circumstances, and provide relevant materials; and shall not conceal or fabricate facts, forge, conceal, destroy or tamper with relevant materials, or refuse or obstruct industrial energy conservation supervision.

Article 6 Industrial energy conservation supervision departments may, in accordance with the provisions of laws, regulations and rules, entrust in writing the organizations that meet the conditions as prescribed by laws with the industrial energy conservation supervision within the scope of their statutory powers.
The entrusted organizations shall, within the scope of entrustment, conduct industrial energy conservation supervision in the name of the entrusting departments, and report the information on industrial energy conservation supervision to the entrusting departments in a timely manner; and shall not entrust other organizations or individuals with the industrial energy conservation supervision.
The entrusting departments shall strengthen the supervision over the entrusted organizations' implementation of industrial energy conservation supervision.

Article 7 Industrial energy conservation supervision shall be conducted by two or more industrial energy conservation supervisors who have obtained administrative law enforcement qualifications.

Article 8 Where any industrial energy conservation supervisor has a direct interest relationship or any other relationship with the supervisee, which may affect the impartial supervision, the supervisor shall disqualify himself or herself.
If the supervisee considers that any energy conservation supervisor has a direct interest relationship or any other relationship with the supervisee, which may affect the impartial supervision, it shall have the right to apply for the supervisor's disqualification.

Article 9 Industrial energy conservation supervision departments and the organizations entrusted with the implementation of industrial e......