Adopted at the Twelfth Session of the Standing Committee of the Fourteenth National People’s Congress on November 8, 2024
Effective: January 1, 2025
Table of 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 Scientific and Technological 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 high-quality energy development, safeguarding national energy security, facilitating the green and low-carbon transformation of the economy and society and sustainable development, actively yet prudently advancing the peaking of carbon emissions and carbon neutrality, and meeting the needs of building a modern socialist country in all respects.
Article 2 — For the purposes of this Law, “energy” means various resources from which useful energy is obtained directly or through processing or conversion, including coal, petroleum, natural gas, nuclear energy, hydropower, wind power, solar energy, biomass energy, geothermal energy, ocean energy, as well as electricity, heat and hydrogen energy, among others.
Article 3 — Energy work shall uphold the leadership of the Communist Party of China, implement the new development philosophy and the holistic approach to national security, coordinate development and security, implement the new energy security strategy of promoting the energy consumption revolution, energy supply revolution, energy technology revolution and energy system revolution and strengthening international cooperation in all respects, adhere to the principles of relying on domestic resources, diversifying safeguards, prioritizing conservation and pursuing green development, and accelerate the building of a clean, low-carbon, safe and efficient new energy system.
Article 4 — The state adheres to the principles of taking multiple measures, implementing precise policies, managing scientifically and governing through social participation, improves energy conservation policies, strengthens energy conservation management, and comprehensively adopts economic, technological, publicity and education measures to promote the comprehensive reduction of energy consumption across all processes and fields of economic and social development and prevent energy waste.
Article 5 — The state improves policies for energy development and utilization, optimizes the energy supply structure and consumption structure, actively promotes clean and low-carbon energy development, and raises energy utilization efficiency.
The state establishes a new mechanism for the comprehensive transformation from dual control of total energy consumption and intensity to dual control of total carbon emissions and intensity, and accelerates the building of the system of dual control of total carbon emissions and intensity.
Article 6 — The state accelerates the establishment of an energy market system with diverse entities, unified and open access, orderly competition and effective regulation, regulates energy market order in accordance with law, and equally protects the lawful rights and interests of all entities in the energy market.
Article 7 — The state improves the system of energy production, supply, storage and marketing, strengthens the energy reserve system and the energy emergency response mechanism, enhances energy supply capacity, and safeguards secure, stable, reliable and effective energy supply.
Article 8 — The state establishes and improves the energy standards system, safeguards energy security and the green and low-carbon transformation, and promotes the development of new energy technologies, new industries and new business forms.
Article 9 — The state strengthens capacity building for energy scientific and technological innovation, supports scientific and technological research, application demonstration and industrialization in energy development and utilization, and provides scientific and technological support for high-quality energy development.
Article 10 — The state adheres to the principles of equality, mutual benefit and win-win cooperation, and actively promotes international energy cooperation.
Article 11 — People’s governments at or above the county level shall strengthen organizational leadership, overall planning and coordination of energy work, and promptly study and resolve major issues in energy work.
People’s governments at or above the county level shall incorporate 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 energy work nationwide. Other relevant departments of the State Council shall be responsible for related energy work within the scope of their respective duties.
The energy departments of local people’s governments at or above the county level shall be responsible for energy work within their respective administrative regions. Other relevant departments of local people’s governments at or above the county level shall be responsible for related energy work within their respective administrative regions within the scope of their respective duties.
Article 13 — People’s governments at or above the county level and their relevant departments shall adopt various forms to strengthen publicity and education on energy conservation, energy security and green and low-carbon energy development, enhance public awareness of energy conservation and energy security, and promote the formation of green and low-carbon modes of production and living.
The news media shall carry out public-interest publicity on energy conservation, energy security and green and low-carbon energy development.
Article 14 — Entities and individuals that make outstanding contributions to energy work shall be commended and rewarded in accordance with the relevant state provisions.
Chapter II — Energy Planning
Article 15 — The state formulates and improves energy plans and gives play to the leading, guiding and regulating role of energy plans in energy development.
Energy plans include the national comprehensive energy plan, national energy plans by sector, regional energy plans, and energy plans of provinces, autonomous regions and municipalities directly under the Central Government.
Article 16 — The national comprehensive energy plan shall be organized and formulated by the energy department of the State Council together with the relevant departments of the State Council. The national comprehensive energy plan shall be formulated on the basis of the national economic and social development plan and shall be coordinated with territorial space plans and other related plans.
National energy plans by sector shall be organized and formulated by the energy department of the State Council together with the relevant departments of the State Council on the basis of the national comprehensive energy plan.
The energy department of the State Council, together with the relevant departments of the State Council and the people’s governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government, may formulate regional energy plans spanning provinces, autonomous regions and municipalities directly under the Central Government in accordance with regional economic and social development needs, the endowment of energy resources, the characteristics of energy production and consumption, and ecological environment protection requirements. Regional energy plans shall conform to the national comprehensive energy plan and be coordinated with the relevant national energy plans by sector.
Article 17 — The energy departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, together with the relevant departments, organize the formulation of energy plans of their respective provinces, autonomous regions or municipalities directly under the Central Government on the basis of the national comprehensive energy plan, the relevant national energy plans by sector and the relevant regional energy plans.
Where people’s governments of cities divided into districts and county-level people’s governments need to formulate energy plans, the relevant provisions of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall apply.
Article 18 — The formulation of energy plans shall follow the laws of energy development, adhere to overall consideration and coordination, and strengthen scientific argumentation. The departments organizing the formulation of energy plans shall solicit the opinions of relevant departments, relevant enterprises, industry organizations and relevant experts.
Energy plans shall specify the goals, major tasks, regional layout, key projects and safeguard measures for energy development during the planning period.
Article 19 — Energy plans shall be implemented upon approval in accordance with the prescribed authority and procedures.
Approved energy plans shall be published in accordance with the relevant provisions.
Article 20 — The departments organizing the formulation of energy plans shall organize and carry out assessments of the implementation of energy plans. Where it is truly necessary to adjust an energy plan based on the assessment results, the adjustment shall be submitted to the original approving organ for approval, except as otherwise provided by the state.
Chapter III — Energy Development and Utilization
Article 21 — The state formulates and improves energy development and utilization policies by category in accordance with the endowment of energy resources and the needs of sustainable economic and social development, taking into account factors such as safeguarding energy security, optimizing the energy structure, promoting energy transformation, conserving energy and protecting the ecological environment.
Article 22 — The state supports the priority development and utilization of renewable energy, the rational development and clean and efficient utilization of fossil energy, promotes the safe, reliable and orderly substitution of fossil energy by non-fossil energy, and raises the proportion of non-fossil energy in consumption.
The energy department of the State Council, together with the relevant departments of the State Council, shall formulate 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 publish the results to the public.
Article 23 — The energy department of the State Council, together with the relevant departments of the State Council, shall formulate and organize the implementation of minimum proportion goals for renewable energy in energy consumption.
The state improves the guarantee mechanism for the consumption of renewable energy-based electricity. Power supply enterprises, electricity sales enterprises, relevant electricity users and enterprises supplying power from self-owned power plants shall, in accordance with the relevant state provisions, bear the responsibility for consuming electricity generated from renewable energy.
The energy department of the State Council, together with the relevant departments of the State Council, shall monitor and assess the implementation of the minimum proportion goals for renewable energy in energy consumption and the responsibility for the consumption of renewable energy-based electricity.
Article 24 — The state coordinates hydropower development and ecological protection, and strictly controls the development and construction of small hydropower stations.
The development, construction, renewal and renovation of hydropower stations shall conform to the relevant river basin plans and take into overall account the needs of flood control, ecology, water supply, irrigation and navigation.
Article 25 — The state promotes the development and utilization of wind power and solar energy, adheres to the parallel development of centralized and distributed generation, accelerates the construction of wind power and photovoltaic power generation bases, supports the nearby development and utilization of distributed wind power and photovoltaic power generation, develops offshore wind power in a rational and orderly manner, and actively develops solar thermal power generation.
Article 26 — The state encourages the rational development and utilization of biomass energy, developing biomass power generation, clean biomass heating and liquid biofuels and biomass natural gas in accordance with local conditions.
The state promotes the large-scale development and utilization of ocean energy, and develops geothermal energy in accordance with local conditions.
Article 27 — The state actively develops nuclear power in a safe and orderly manner.
The energy department of the State Council, together with the relevant departments of the State Council, shall coordinate the development and layout of nuclear power nationwide and, in accordance with their duties, strengthen the management and supervision of the planning, siting, design, construction and operation of nuclear power plants.
Article 28 — The state optimizes the layout and industrial structure of coal development, encourages the development of circular economy in coal mining areas, optimizes the coal consumption structure, promotes the clean and efficient utilization of coal, and gives full play to the role of coal in basic guarantee and system regulation in the energy supply system.
Article 29 — The state takes multiple measures to intensify the exploration and development of petroleum and natural gas resources and enhance the domestic supply guarantee capacity of petroleum and natural gas.
The development of petroleum and natural gas adheres to giving equal emphasis to onshore and offshore development, and encourages the large-scale development of unconventional oil and gas resources such as tight oil and gas, shale oil, shale gas and coalbed methane.
The state optimizes the layout and structure of the petroleum processing and conversion industry, and encourages the adoption of advanced, intensive processing and conversion methods.
The state supports the rational development and utilization of new fuels and industrial raw materials that can substitute petroleum and natural gas.
Article 30 — The state promotes the clean and efficient development of coal-fired power generation, rationally lays out the construction of coal-fired power generation in accordance with the needs of stable operation of the power system and power supply guarantee, and enhances the regulation capability of coal-fired power generation.
Article 31 — The state accelerates the building of a new power system, strengthens the coordinated construction of power sources and power grids, promotes the intelligent transformation of power grid infrastructure and the construction of smart microgrids, and improves the capacity of power grids to accept, allocate and regulate renewable energy.
Article 32 — The state rationally lays out and actively and orderly develops and constructs pumped-storage power stations, promotes the high-quality development of new energy storage, and gives play to the regulating role of various types of energy storage in the power system.
Article 33 — The state actively and orderly promotes the development and utilization of hydrogen energy and facilitates the high-quality development of the hydrogen energy industry.
Article 34 — The state promotes the improvement of energy utilization efficiency, encourages the development of distributed energy and integrated energy services featuring multi-energy complementarity and multi-energy co-supply, actively promotes market-based energy conservation services such as energy performance contracting, and raises the level of cleanliness, low-carbon, efficiency and intelligence of end-use energy consumption.
The state establishes a promotion mechanism for green energy consumption by implementing systems such as renewable energy green electricity certificates, and encourages energy users to give priority to the use of renewable energy and other clean and low-carbon energy.
Public institutions shall give priority to procuring and using renewable energy and other clean and low-carbon energy as well as energy-saving products and services.
Article 35 — Energy enterprises and energy users shall, in accordance with the relevant state provisions, equip and use energy and carbon emission metering instruments.
Energy users shall use energy rationally in accordance with safe use norms and the relevant provisions on energy conservation, perform their energy conservation obligations in accordance with law, actively participate in energy demand response, expand green energy consumption, and consciously practice green and low-carbon modes of production and living.
The state strengthens demand-side energy management, and guides energy users to rationally adjust their energy use methods, time and quantity through improved tiered pricing, time-of-use pricing and other systems, so as to promote energy conservation and raise energy utilization efficiency.
Article 36 — Enterprises undertaking the supply of energy such as electricity, gas and heat shall, in accordance with laws, regulations and the relevant state provisions, ensure that energy users within their business areas have access to safe, sustained and reliable energy supply services, and shall not refuse or interrupt energy supply services without statutory or agreed grounds, and shall not raise prices without authorization, illegally collect fees, reduce supply quantity or restrict purchase quantity.
The enterprises specified in the preceding paragraph shall publicize their service standards, fee standards and complaint channels, and provide public inquiry services for energy users.
Article 37 — The state strengthens the construction and protection of energy infrastructure. No entity or individual may engage in activities endangering the safety of energy infrastructure.
The energy department of the State Council, together with the relevant departments of the State Council, shall coordinate the construction of energy infrastructure such as petroleum, natural gas and electricity transmission pipeline networks spanning provinces, autonomous regions and municipalities directly under the Central Government; the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with energy plans, reserve land and sea areas for the construction of energy infrastructure and incorporate them into territorial space plans.
Enterprises operating petroleum, natural gas, electricity and other energy transmission pipeline network facilities shall raise the operational safety level of energy transmission pipeline networks and ensure the operational safety of energy transmission pipeline network systems. Facilities, equipment and products connected to energy transmission pipeline networks shall conform to the requirements for the safe operation of the pipeline network systems.
Article 38 — The state encourages and supports rural energy development in accordance with the principles of urban-rural integration, adapting to local conditions, multi-energy complementarity, comprehensive utilization and improved services, gives priority support to energy development in rural areas of old revolutionary base areas, ethnic minority areas, border areas and underdeveloped areas, and raises the energy supply capacity and service level in rural areas.
Local people’s governments at or above the county level shall coordinate the construction of urban and rural energy infrastructure and public service systems, and promote the interconnection of urban and rural energy infrastructure.
Where temporary energy supply shortages occur in rural areas, the relevant local people’s governments shall take measures to give priority to guaranteeing energy for rural living and agricultural production.
Article 39 — Those engaged in energy development and utilization activities shall abide by the provisions of laws and regulations on ecological environment protection, work safety and occupational disease prevention, reduce pollutant and greenhouse gas emissions, prevent damage to the ecological environment, and prevent and reduce work safety accidents and occupational disease hazards.
Chapter IV — Energy Market System
Article 40 — The state encourages and guides various business entities to invest in energy development and utilization and energy infrastructure construction in accordance with law, and promotes the development of the energy market.
Article 41 — The state promotes the independent operation of natural monopoly segments and the market-oriented reform of competitive segments in the energy sector, strengthens the supervision and regulation of natural monopoly businesses in the energy sector in accordance with law, and supports various business entities in fairly participating in competitive businesses in the energy sector in accordance with market rules and law.
Article 42 — The energy department of the State Council, together with the relevant departments of the State Council, shall coordinate and promote the construction of a unified national energy trading market for coal, electricity, petroleum, natural gas and other energy sources, promote the establishment of market trading institutions or trading platforms with sound functions and standardized operation, expand trading methods and the scope of trading products in accordance with law, and improve trading mechanisms and trading rules.
Article 43 — People’s governments at or above the county level and their relevant departments shall strengthen overall coordination and dispatch organization to ensure smooth energy transport.
Enterprises operating energy transmission pipeline network facilities shall improve the mechanism for fair access and use, publicize information on the access and transmission capacity and operation of energy transmission pipeline network facilities in accordance with the relevant provisions, and provide energy transmission services to qualified enterprises and other business entities in a fair and non-discriminatory manner.
Article 44 — The state encourages upstream and downstream enterprises in the energy sector to strengthen cooperation and coordinated development in a market-based manner in accordance with law through means such as entering into long-term agreements, so as to enhance their ability to respond to energy market risks.
The state promotes the high-quality development of energy resource exploration, design and construction, equipment manufacturing, project financing, circulation and trade, and information services in a coordinated manner, and enhances the supporting capacity of the whole-chain services of upstream and downstream segments in the energy sector.
Article 45 — The state promotes the establishment of an energy price formation mechanism compatible with the socialist market economy and determined mainly by factors such as the state of energy resources, the costs of products and services, market supply and demand, and the state of sustainable development.
For energy prices subject to government pricing or government-guided pricing in accordance with law, the pricing authority and the specific scope of application shall be based on the pricing catalogues of the central and local governments. The formulation and adjustment of energy prices subject to government pricing or government-guided pricing shall comply with the Price Law of the People’s Republic of China and other laws, administrative regulations and the relevant state provisions. Energy enterprises shall, in accordance with the relevant provisions, provide price, cost and other relevant data in a timely, truthful and accurate manner.
The state improves the energy price regulation system, enhances the effectiveness of energy price regulation, and builds mechanisms for preventing and responding to the risk of abnormal fluctuations in energy market prices.
Article 46 — The state actively promotes international investment and trade cooperation in the energy sector, and effectively prevents and responds to risks in the international energy market.
Chapter V — Energy Reserves and Emergency Response
Article 47 — In accordance with the principles of government leadership, joint construction by society and multi-party complementarity, the state establishes and improves an efficient and coordinated energy reserve system, scientifically and rationally determines the types, scale and methods of energy reserves, and gives play to the functions of energy reserves in strategic guarantee, macro-regulation and responding to urgent needs.
Article 48 — Energy reserves shall combine government reserves with enterprise reserves, and coordinate physical reserves with production-capacity reserves and mineral-reserve-site reserves.
Government reserves include central government reserves and local government reserves; enterprise reserves include enterprise social responsibility reserves and other production and operation inventories of enterprises.
The collection, rotation and use of energy reserves shall be implemented in accordance with laws, administrative regulations and the relevant state provisions.
The state improves the market regulation mechanism for government reserves and takes effective measures to respond to risks such as sharp market fluctuations.
Article 49 — The institutions undertaking the storage and operation of government reserves shall, in accordance with laws, administrative regulations and the relevant state provisions, establish and improve internal management systems, strengthen reserve management and ensure the safety of government reserves.
Enterprise social responsibility reserves shall be established in accordance with the principles of enterprise ownership, policy guidance and effective supervision. Energy enterprises undertaking social responsibility reserves shall fulfill their reserve responsibilities in accordance with the prescribed types and quantities, and accept the supervision and administration of the relevant government departments.
The specific measures for energy production-capacity reserves shall be formulated by the energy department of the State Council together with the finance department of the State Council and other relevant departments.
The specific measures for energy mineral-reserve-site reserves shall be formulated by the natural resources department of the State Council together with the energy department of the State Council, the finance department of the State Council and other relevant departments.
Article 50 — The state improves the energy reserve supervision system, accelerates the construction of energy reserve facilities, raises the professional level of energy reserve operators, strengthens the informatization of energy reserves, and continuously enhances the comprehensive effectiveness of energy reserves.
Article 51 — The state establishes and improves the energy forecast and early warning system, raises the capacity and level of energy forecast and early warning, and provides timely and effective forecast and early warning of changes in energy supply and demand, energy price fluctuations and energy security risks.
Energy forecast and early warning information shall be published by the energy department of the State Council.
Article 52 — The state establishes an energy emergency management system featuring unified leadership, hierarchical responsibility and coordination and linkage.
People’s governments at or above the county level shall take effective measures to strengthen the construction of the energy emergency response system, regularly carry out energy emergency drills and training, and raise energy emergency response capacity.
Article 53 — The energy department of the State Council, together with the relevant departments of the State Council, shall draft the national energy emergency response plan, which shall be implemented upon approval by the State Council.
The energy department of the State Council, together with the relevant departments of the State Council, shall strengthen guidance and coordination of energy emergency response work spanning provinces, autonomous regions and municipalities directly under the Central Government.
The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate energy emergency response plans for their respective administrative regions in accordance with the actual circumstances of those regions.
The formulation of energy emergency response plans by people’s governments of cities divided into districts and county-level people’s governments shall be decided by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
Larger energy enterprises and energy-consuming entities shall formulate energy emergency response plans for their own entities in accordance with state provisions.
Article 54 — When energy emergency states such as serious energy supply shortages or supply interruptions occur, the relevant people’s governments shall promptly initiate emergency response in accordance with their authority and may, in accordance with the actual circumstances and needs, take the following emergency response measures in accordance with law:
(1) publishing information on energy supply and demand and other related information;
(2) implementing emergency dispatch of energy production, transport and supply, or directly organizing energy production, transport and supply;
(3) requisitioning relevant energy products, energy reserve facilities, means of transport and other materials for guaranteeing energy supply;
(4) implementing price intervention measures and emergency price measures;
(5) organizing the release of energy reserves in accordance with the relevant provisions;
(6) organizing energy supply in accordance with the order of energy supply guarantee;
(7) other necessary measures.
After the energy emergency state is eliminated, the relevant people’s governments shall promptly terminate the implementation of the emergency response measures.
Article 55 — When the energy emergency states specified in Article 54 of this Law occur, energy enterprises, energy users and other relevant entities and individuals shall obey the unified command and arrangements of the relevant people’s governments, bear the corresponding energy emergency obligations in accordance with the relevant provisions, cooperate in taking emergency response measures, and assist in maintaining energy market order.
Where losses are caused to relevant entities or individuals as a result of implementing energy emergency response measures, the relevant people’s governments shall compensate them in accordance with law.
Chapter VI — Energy Scientific and Technological Innovation
Article 56 — The state formulates policies and measures to encourage and support energy scientific and technological innovation, and promotes the establishment of an energy scientific and technological innovation system led by national strategic scientific and technological forces, with enterprises as the main body, the market as the orientation, and deep integration of production, education and research.
Article 57 — The state encourages and supports research, development, demonstration, promotion, application and industrialization of major basic, key and frontier technologies, equipment and related new materials in the fields of energy resource exploration and development, clean and efficient utilization of fossil energy, development and utilization of renewable energy, safe utilization of nuclear energy, development and utilization of hydrogen energy, as well as energy storage and energy conservation.
Energy scientific and technological innovation shall be included in the key supported fields of the relevant plans for national scientific and technological development and high-tech industry development.
Article 58 — The state formulates and improves industrial, financial and government procurement policies to encourage and guide social capital into energy scientific and technological innovation.
Article 59 — The state establishes major energy scientific and technological innovation platforms, supports the construction of major energy scientific and technological infrastructure and public service platforms for energy technology research and development, testing, inspection and certification, and raises the capacity for and level of energy scientific and technological innovation and services.
Article 60 — The state supports concentrated scientific and technological research and integrated application demonstration based on major energy projects, and promotes collaborative innovation among production, education and research as well as upstream and downstream industrial chains and supply chains in the energy sector.
Article 61 — The state supports the application of advanced information technology in the energy sector, and promotes the digital and intelligent development of energy production and supply as well as the coordinated conversion and integrated complementarity of multiple energy sources.
Article 62 — The state intensifies the cultivation of professional energy science and technology talents, and encourages and supports cooperation among educational institutions, scientific research institutions and enterprises in cultivating high-quality professional energy science and technology talents.
Chapter VII — Supervision and Administration
Article 63 — The energy departments and other relevant departments of people’s governments at or above the county level shall, in accordance with the division of duties, strengthen supervision and inspection of the relevant energy work and promptly investigate and deal with illegal acts.
Article 64 — The energy departments and other relevant departments of people’s governments at or above the county level shall perform their supervision and inspection duties in accordance with the division of duties and law, and may take the following measures:
(1) entering energy enterprises, dispatch agencies, energy market trading institutions, energy users and other entities to conduct on-site inspections;
(2) questioning personnel involved in the matters under inspection and requiring them to provide explanations of the relevant matters;
(3) consulting and copying documents, materials and electronic data relevant to the matters under inspection;
(4) other measures prescribed by laws and regulations.
The inspected entities and their relevant personnel shall cooperate with the supervision and inspection lawfully carried out by the energy departments and other relevant departments, and shall not refuse or obstruct them.
The energy departments and other relevant departments and their staff shall, in accordance with law, have the obligation to keep confidential the state secrets, trade secrets, personal privacy and personal information learned in the course of supervision and inspection.
Article 65 — The energy departments and other relevant departments of people’s governments at or above the county level shall strengthen the coordination of energy regulation, enhance regulatory effectiveness, and may establish energy regulatory information systems as needed for their work.
Relevant entities shall, in accordance with the relevant provisions, submit relevant information to the energy departments and other relevant departments.
Article 66 — The energy department of the State Council, together with the relevant departments of the State Council, shall strengthen the building of the credit system in the energy industry and establish a credit record system in accordance with the relevant state provisions.
Article 67 — Disputes arising from the access to and use of energy transmission pipeline network facilities may be coordinated by the energy departments of people’s governments at or above the provincial level; where coordination fails, the parties may institute litigation in a people’s court; the parties may also directly institute litigation in a people’s court.
Article 68 — Any entity or individual shall have the right to report acts in violation of this Law and other laws and regulations on energy to the energy departments or other relevant departments of people’s governments at or above the county level. The departments receiving the reports shall handle them in a timely manner in accordance with law.
Chapter VIII — Legal Liability
Article 69 — Where staff of the energy departments or other relevant departments of people’s governments at or above the county level, in violation of this Law, abuse power, neglect duty or commit malpractice for personal gain, they shall be given sanctions in accordance with law.
Article 70 — Where, in violation of this Law, an enterprise undertaking the supply of energy such as electricity, gas and heat refuses or interrupts energy supply services to energy users within its business area without statutory or agreed grounds, or raises prices without authorization, illegally collects fees, reduces supply quantity or restricts purchase quantity, the energy departments or other relevant departments of people’s governments at or above the county level shall, in accordance with the division of duties, order it to make corrections and impose administrative penalties in accordance with law; where the circumstances are serious, sanctions shall be imposed on the relevant responsible persons and directly liable persons in accordance with law.
Article 71 — Where, in violation of this Law, an enterprise operating energy transmission pipeline network facilities fails to provide energy transmission services to qualified enterprises and other business entities in a fair and non-discriminatory manner, the energy departments or other relevant departments of people’s governments at or above the provincial level shall, in accordance with the division of duties, order it to make corrections and give a warning or circulate a notice of criticism; where it refuses to make corrections, a fine of not more than twice the amount of the economic losses of the relevant business entities shall be imposed; where the circumstances are serious, sanctions shall be imposed on the relevant responsible persons and directly liable persons in accordance with law.
Article 72 — Where, in violation of this Law, any of the following circumstances occurs, the energy departments or other relevant departments of people’s governments at or above the county level shall, in accordance with the division of duties, order correction and give a warning or circulate a notice of criticism; where correction is refused, a fine of not less than 100,000 yuan and not more than 200,000 yuan shall be imposed:
(1) an enterprise undertaking the supply of energy such as electricity, gas and heat fails to publicize its service standards, fee standards and complaint channels, or fails to provide public inquiry services for energy users;
(2) an enterprise operating energy transmission pipeline network facilities fails to publicize information on the access and transmission capacity and operation of energy transmission pipeline network facilities in accordance with the relevant provisions;
(3) an energy enterprise fails to provide price, cost and other relevant data in accordance with the relevant provisions;
(4) a relevant entity fails to submit relevant information to the energy departments or other relevant departments in accordance with the relevant provisions.
Article 73 — Where, in violation of this Law, energy enterprises, energy users or other relevant entities or individuals fail to obey the unified command and arrangements of the relevant people’s governments, fail to bear energy emergency obligations in accordance with the relevant provisions, or fail to cooperate in taking emergency response measures during energy emergency states, the energy departments or other relevant departments of people’s governments at or above the county level shall, in accordance with the division of duties, order correction and give a warning or circulate a notice of criticism; where correction is refused, a fine of not less than 10,000 yuan and not more than 50,000 yuan shall be imposed on individuals, a fine of not less than 100,000 yuan and not more than 500,000 yuan shall be imposed on entities, and the offender may, based on the seriousness of the circumstances, be ordered to suspend business for rectification or have relevant permits and licences revoked in accordance with law.
Article 74 — Where a violation of this Law causes property losses or other damage, civil liability shall be borne in accordance with law; where it constitutes a violation of public security administration, public security administration penalties shall be imposed in accordance with law; where it constitutes a crime, criminal liability shall be pursued in accordance with law.
Chapter IX — Supplementary Provisions
Article 75 — For the purposes of this Law, the following terms shall have the following meanings:
(1) “fossil energy” means energy formed from ancient animal and plant fossils through geological processes, including coal, petroleum and natural gas;
(2) “renewable energy” means energy that can be continuously replenished and regenerated through natural processes within a relatively short period of time, including hydropower, wind power, solar energy, biomass energy, geothermal energy and ocean energy;
(3) “non-fossil energy” means energy obtained without relying on fossil fuels, including renewable energy and nuclear energy;
(4) “biomass energy” means energy converted from plants and urban and rural organic waste in nature through biological, chemical or physical processes;
(5) “hydrogen energy” means energy released when hydrogen serves as an energy carrier to undergo chemical reactions.
Article 76 — The administration of energy development and utilization by the military shall be implemented in accordance with the relevant provisions of the state and the military.
Where the state has otherwise provided for the development and utilization of nuclear energy, such provisions shall apply.
Article 77 — Where international treaties on energy concluded by or acceded to by the People’s Republic of China contain provisions different from this Law, the provisions of the international treaties shall apply, except for provisions on which the People’s Republic of China has declared reservations.
Article 78 — Where any country or region adopts discriminatory prohibitions, restrictions or other similar measures against the People’s Republic of China in the renewable energy industry or other energy fields, the People’s Republic of China may take corresponding measures against that country or region in accordance with the actual circumstances.
Article 79 — Organizations and individuals outside the territory of the People’s Republic of China that commit acts endangering the national energy security of the People’s Republic of China shall be pursued for legal liability in accordance with law.
Article 80 — This Law shall come into force on January 1, 2025.
Disclaimer: This is an unofficial English translation of the Energy Law of the People’s Republic of China, provided for general informational and reference purposes only. It is not an official translation and does not constitute legal advice. The official Chinese text shall prevail in all cases. For matters concerning your specific situation, please consult qualified legal and tax professionals.
Free PDF download of the complete article.