Drafting Instructions for the Energy Law of the People’s Republic of China (Call for Comments)

03/06/2020

 The National Development and Reform Commission and the National Energy Administration revised the draft of the Energy Law of the People’s Republic of China (Draft for Examination) to form the new Energy Law of the People’s Republic of China (Exposure Draft).

  1. The necessity of enacting the Energy Law

Energy development in the new era plays an important role in supporting and driving the transformation of the social production lifestyle and the construction of a modern economic system. But in China, there has been a long lack of basic laws for energy. The Energy Law will be enacted due to the following reasons:

First, the urgent need to advance the new energy security strategy of China. Facing the new situation of energy development, the Central Committee of the Communist Party of China put forward the new strategy. Besides, the Fourth Plenary Session of the 19th Central Committee of the CPC also claimed to promote the energy revolution and build a clean, low-carbon, safe and efficient energy system. After that, the Energy Production and Consumption Revolution Strategy (2016-2030), the 13th Five-Year Plan for Energy Development and 14 special energy plans have been issued by the State Council. But, the direction, target and top-level design of China’s energy development and reform still need to be clearly defined in the law to ensure the stability of the energy development direction and basic system.

Second, the urgent need to promote high-quality energy development.

Third, the urgent need to promote the modernization of energy governance systems and capacity.

  1. The main legal system to be established

The legal system to be established will mainly:

  • Guide energy development and utilization activities, promote clean and low-carbon development of energy through strategy and planning;
  • Scientifically promote energy development and energy infrastructure construction, and improve energy supply capacity;
  • Improve the universal energy service mechanism guided by the need to ensure people’s daily energy use;
  • Comprehensively promote the drive of scientific and technological innovation, improve the level of energy standardization, and accelerate the progress of energy technology;
  • Support the reform of the energy system and mechanism, and comprehensively promote the marketization of energy;
  • Establish an energy reserve system, strengthen emergency capacity building and ensure energy security;
  • Strengthen the supervision and management of energy development and utilization, improve the supervision system, and modernize the energy governance system and capacity.
  1. Drafting process

Since 2017, under the guidance of the former Legislative Affairs Office of the State Council and the Ministry of Justice, the National Development and Reform Commission and the National Energy Administration have set up an expert group to conduct in-depth research. The revised version of the Energy Law of the People’s Republic of China (Draft for Examination) has been further improved and is now an exposure draft.

For the Chinese version of the  Energy Law of  China, please see: http://www.gov.cn/ziliao/flfg/2007-10/28/content_788493.htm

 

By Luna ZHAO on June 3, 2020.