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)

The Energy Law of the People's Republic of China, as adopted at the 12th Session of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on November 8, 2024, is hereby issued, and shall come into force on January 1, 2025.

Xi Jinping, President of the People's Republic of China
November 8, 2024

Energy Law of the People's Republic of China
(Adopted at the 12th Session of the Standing Committee of the Fourteenth 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 Reserves and Emergency Response
Chapter VI Energy Science and Technology Innovation
Chapter VII Supervision and Administration
Chapter VIII Legal Liability
Chapter IX Supplemental Provisions
Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purposes of advancing the high-quality development of energy, safeguarding national energy security, promoting green and low-carbon transformation and sustainable development of economy and society, advancing carbon dioxide peaking and carbon neutrality in a proactive and steady manner, and adapting to the needs of building a modern socialist country in all respects.
Article 2 For the purpose of this Law, “energy” means various resources from which useful energy can be derived directly or through processing or conversion, including coal, oil, natural gas, nuclear energy, hydroenergy, wind energy, solar energy, biomass energy, geothermal energy, ocean energy, and electric power, heating power, and hydrogen energy, among others.
Article 3 In carrying out energy-related work, it is required to adhere to the leadership of the Communist Party of China, implement the new development philosophy and take a holistic approach to national security, ensure both development and security, implement a new energy security strategy that promotes energy consumption revolution, energy supply revolution, energy technology revolution, and energy system revolution and strengthens international cooperation in an all-round manner, always focus on domestic demands, provide diversified guarantees, give priority to conservation, promote green development, and accelerate the construction of a clean, low-carbon, safe and efficient new energy system.
Article 4 The state shall adhere to the principles of taking multiple measures, implementing precise policies, and conducting scientific management and social co-governance, improve energy conservation policies, strengthen the administration of energy conservation, and comprehensively adopt economic, technological, publicity, education and other measures to promote the overall reduction of energy consumption throughout the entire process and in all fields of economic and social development and prevent energy wastes.
Article 5 The state shall improve energy development and utilization policies, optimize energy supply structure and consumption structure, vigorously promote the clean and low-carbon development of energy, and improve utilization efficiency of energy.
The state shall establish a new mechanism for the comprehensive transformation from the dual control of the total amount and intensity of energy consumption to the dual control of the total amount and intensity of carbon emissions, and accelerate the construction of the institutional system on the dual control of the total amount and intensity of carbon emissions.
Article 6 The state shall accelerate the establishment of an energy market system featuring diversified market participants, unification and openness, orderly competition and effective regulation, regulate the order of the energy market in accordance with the law, and equally protect the lawful rights and interests of various participants in the energy market.
Article 7 The state shall improve the production, supply, storage, and marketing system for energy, improve the energy reservation system and the energy emergency mechanism, enhance energy supply capacity, and ensure the safe, stable, reliable and effective supply of energy.
Article 8 The state shall establish and improve the energy standard system, ensure energy security and transition to green and low-carbon development, and promote the development of new energy technologies, new industries and new forms of business.
Article 9 The state shall strengthen the capacity building for science and technology innovations, support scientific and technological research, application demonstration and industrialization of 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 benefits, and win-win cooperation, and proactively promote international energy cooperation.
Article 11 The people's governments at or above the county level shall strengthen the organization, leadership and overall coordination of the energy work, and study and solve major problems encountered during the energy work in a timely manner.
The people's governments at or above the county level shall incorporate the energy work into national economic and social development plans and annual plans.
Article 12 The energy department of the State Council shall be responsible for the energy work nationwide. Other relevant departments of the State Council shall be responsible for relevant energy work within the scope of their respective functions.
The energy departments of the local people's governments at or above the county level shall take charge of the energy work within their respective administrative regions. Other relevant departments of the local people's government at or above the county level shall be responsible for relevant energy work within their respective administrative regions within the scope of their respective functions.
Article 13 The people's governments at or above the county level and their relevant departments shall strengthen the publicity and education on energy conservation, energy security and the green and low-carbon development of energy in various forms, enhance the energy conservation awareness and energy security awareness of the whole society, and promote the formation of green and low-carbon ways of production and life.
News media shall conduct public welfare publicity on energy conservation, energy security and the green and low-carbon development of energy.
Article 14 Entities and individuals that have made outstanding contributions to the energy work shall be commended and rewarded in accordance with relevant provisions issued by the state.
Chapter II Energy Planning
Article 15 The state shall develop and improve energy planning and maximize the roles of energy planning in leading, guiding and regulating energy development.
Energy planning includes national comprehensive energy plans, national plans for energy resources by sectors, regional energy plans, and energy plans of provinces, autonomous regions, and municipalities directly under the Central Government, among others.
Article 16 The preparation of the national comprehensive energy plan shall be organized by the energy department of the State Council in conjunction with relevant departments of the State Council.
The national comprehensive energy plan shall be prepared based on national economic and social development plans, and be aligned with relevant plans such as territorial spatial plans.
The preparation of the national plans for energy resources by sectors shall be organized by the energy department of the State Council in conjunction with relevant departments of the State Council based on the national comprehensive energy plan. The energy department of the State Council may, 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 and based on the needs of regional economic and social development, energy resource endowment, characteristics of energy production and consumption, and ecological and environmental protection requirements, among others, prepare regional energy plans across provinces, autonomous regions, and municipalities directly under the Central Government. Regional energy plans shall comply with the national comprehensive energy plan and be aligned with relevant national plans for energy resources by sectors.
Article 17 The energy departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in conjunction with relevant departments, organize the preparation of the energy plans of these provinces, autonomous regions, and municipalities directly under the Central Government based on the national comprehensive energy plan, relevant national plans for energy resources by sectors and relevant regional energy plans.
Where a people's government at the districted city or at the county level needs to prepare an energy plan, it shall be governed by the relevant provisions issued by the people's government of the province, autonomous region, or municipality directly under the Central Government.
Article 18 In the preparation of energy plans, the law of energy development shall be followed, overall planning shall be made and all factors shall be taken into consideration, and scientific demonstration shall be strengthened. The departments organizing the preparation of energy plans shall solicit opinions from relevant departments, relevant enterprises and industry organizations, relevant experts, and other parties.
Energy plans shall clarify the objectives, main tasks, regional layout, key projects, and guarantee measures of energy development, among others, during the planning period.
Article 19 Energy plans shall be implemented upon approval according to the prescribed limits of power and under relevant procedures.
The approved energy plans shall be issued in accordance with relevant provisions.
Article 20 The departments organizing the preparation of energy plans shall organize assessment of the implementation of energy plans. If it is truly necessary to adjust an energy plan according to the assessment result, such adjustment shall be reported to the original approval authority for approval, except as otherwise provided for by the state.
Chapter III Energy Development and Utilization
Article 21 The state shall develop and improve energy development and utilization policies in a classified manner based on the energy resource endowment and the needs of sustainable economic and social development and by taking into overall account the factors such as ensuring energy security, optimizing energy structure, promoting energy transition and energy conservation and protecting ecology and environment.
Article 22 The state shall support the priority development and utilization of renewable energy, develop in a reasonable manner and use in a clean and efficient way fossil energy, advance the safe, reliable and orderly replacement of fossil energy with non-fossil energy, and increase the proportion of non-fossil energy consumption.
The energy department of the State Council shall, in conjunction with relevant departments of the State Council, develop the medium- and long-term development goals for the development and utilization of non-fossil energy, monitor the development and utilization of non-fossil energy on an annual basis, and disclose relevant information to the public.
Article 23 The energy department of the State Council shall, in conjunction with relevant departments of the State Council, set and organize the implementation of the targets of minimum proportions of renewable energy in energy consumption.
The state shall improve the guarantee mechanism for the consumption and absorption of electricity generated from renewable energy sources. Electricity supply enterprises, electricity sales enterprises, relevant electricity users, and enterprises using self-supply power plants for power supply, among others, shall assume the responsibility for consuming and absorbing electricity generated from renewable energy sources in accordance with relevant provisions issued by the state.
The energy department of the State Council shall, in conjunction with relevant departments of the State Council, monitor and assess the implementation of the targets of minimum proportions of renewable energy in energy consumption and the fulfillment of responsibilities for consumption and absorption of electricity generated from renewable energy sources.
Article 24 The state shall properly balance hydropower development and ecological conservation, and strictly control the development and construction of small hydropower stations.
The development and construction and the upgrading and renovations of hydropower stations shall comply with the relevant planning for river basins, and take into account the needs of flood control, ecology, water supply, irrigation, and shipping, among others.
Article 25 The state shall promote the development and utilization of wind energy and solar energy, adhere to both centralized and distributed development, accelerate the construction of wind power and photovoltaic power generation bases, support the nearby development and utilization of distributed wind power and photovoltaic power generation, develop offshore wind power in a rational and orderly manner, and vigorously develop solar thermal power generation.
Article 26 The state shall encourage the rational development and utilization of biomass energy, and develop biomass power generation, clean heating supply with biomass energy, and bio-liquid fuels and bio-natural gas.
The state shall promote the large-scale development and utilization of ocean energy, and develop geothermal energy based on local conditions.
Article 27 The state shall develop nuclear power in a proactive, safe and orderly manner.
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