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Electricity law of the People's Republic of China

Chapter I general provisions



Article 1 this law is formulated for the purpose of safeguarding and promoting the development of electric power undertakings, safeguarding the legitimate rights and interests of power investors, operators and users, and ensuring the safe operation of electric power.



Article 2 this law shall be applicable to the construction, production, supply and use of electric power within the territory of the People's Republic of China.



Article 3 electric power enterprises shall adapt themselves to the needs of national economic and social development and advance in advance. The state encourages and guides economic organizations and individuals at home and abroad to invest and develop power sources in accordance with the law, and set up power production enterprises.



Investment in electric power, the principle of who invests and who gains.



Article 4 power facilities shall be protected by the state.



No unit or individual may endanger the safety of electric power facilities or illegally occupy or use electricity.



Article 5 power construction, production, supply and use shall protect the environment in accordance with the law, adopt new technologies, reduce the discharge of harmful substances, and prevent and control pollution and other public hazards.



The state encourages and supports the use of renewable and clean energy to generate electricity.



Article 6 the power administration department under the state council shall be responsible for the supervision and administration of the national power industry. The relevant departments under the state council shall be responsible for the supervision and administration of electric power enterprises within their respective functions and responsibilities.



The economic comprehensive administrative department of the local people's government at or above the county level shall be the power management department within the administrative region and shall be responsible for the supervision and administration of the power industry. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of electric power enterprises within their respective functions and responsibilities.



Article 7 power construction enterprises, power production enterprises and power grid operation enterprises shall exercise their own independent management, assume their own profits and losses, and accept the supervision of the power management departments.



Article 8 the state shall help and support the development of electric power in minority areas, remote areas and poverty-stricken areas.



Article 9 the state shall encourage in electric power construction, production, supply and use process, USES the advanced technology and scientific management methods, in the research, development and adoption of advanced science and technology and management methods to make significant achievements of the units and individuals rewarded.



Chapter ii electric power construction.



Article 10 the power development plan shall be formulated in accordance with the needs of the national economy and social development and shall be incorporated into the national economic and social development plan.



The power development plan should reflect the principle of rational utilization of energy, power supply and power grid supporting development, economic benefit and environmental protection.



Article 11 the construction and renovation plan of urban power grid shall be incorporated into the overall urban planning. The urban people's government shall, in accordance with the plan, arrange the land for substation facilities, transmission line corridors and cable channels.



No unit or individual shall illegally occupy the land of substation, transmission line corridors and cable channels.



Article 12 the state adopts relevant policies to support and promote electric power construction.



Local people's governments shall adopt various measures to develop power sources and develop electric power according to the power development plan and local conditions.



Article 13 power investors shall enjoy legal rights and interests in the electricity generated by their investment. The power investors shall have the prior right of use. Unconnected power plant, power investors themselves use.



Article 14 power construction projects shall conform to the power development plan and conform to the national power industry policy.



Power equipment and technology shall not be used in power construction projects.



Article 15 the grid facilities, such as power transmission and transformation projects, scheduling communication automation engineering and environmental protection engineering, should with electricity generation projects at the same time, design, construction and acceptance, at the same time put into use.



Article 16 the use of land for power construction projects shall be handled in accordance with relevant laws and administrative regulations; If the land is requisitioned according to law, land compensation fees and resettlement fees shall be paid in accordance with the law, and the relocation of residents shall be completed.



Electric power construction shall carry out the principle of effectively protecting cultivated land and saving land.



The local people's governments shall give support and assistance to the use of land and the migration of residents in accordance with the law.



Article 17 the local people's governments shall support power enterprises in the construction of water sources for power generation projects and for the use of water and water according to law. Power enterprises shall economize on water.



Chapter iii power production and power grid management.



Article 18 power production and power grid operation shall follow the principles of safety, quality and economy.



The operation of power grid shall be continuous and stable to ensure the reliability of power supply.



Article 19 power enterprises shall strengthen the management of safe production, adhere to the principle of safety first and prevention, and establish and improve the system of responsibility for production safety.



Power enterprises shall maintain and maintain the power facilities on a regular basis to ensure their normal operation.



Article 20 the power generation fuel supply enterprises, transport enterprises and power producers shall supply, transport and discharge the fuel in accordance with the relevant provisions of the state council or the contract.



Article 21 unified dispatching and grading management shall be implemented in the operation of the power grid. No unit or individual may illegally intervene in the dispatch of power networks.



Article 22 the state advocates the parallel operation of power production enterprises and power grids, power grids and power grids. If the power production enterprises with independent legal person qualification require the production of power grid operation, the enterprise shall accept the power grid operation.



Parallel operation must conform to national standards or power industry standards.



The two parties shall, in accordance with the principles of unified dispatching, hierarchical management of peace and other mutually beneficial and consensual principles, sign a parallel network agreement to determine the rights and obligations of both parties; If there is no agreement between the two parties, the power management department at or above the provincial level shall coordinate the decision.



Article 23 the administrative measures for power network dispatching shall be formulated by the state council in accordance with the provisions of this law.



Chapter iv power supply and use.



Article 24 the state shall adopt the principle of safe, economical and planned electricity supply and use.



The power supply and utilization measures shall be formulated by the state council in accordance with the provisions of this law.



Article 25 power supply enterprises shall supply power to users in the approved power supply business areas.



The division of power supply business district should consider the structure of the power grid and the rationality of power supply. Only one power supply business unit is established in a power supply business district.



Within the scope of a province, autonomous region or municipality directly under the central government of the establishment, modification of the power supply service areas, by the power supply enterprise, the power administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government in conjunction with the examination and approval of relevant departments at the same level by the people's governments of provinces, autonomous regions and municipalities directly under the central government administrative departments of electric power to the power supply business permit. The establishment and alteration of the power supply business districts of provinces, autonomous regions and municipalities directly under the central government shall be examined and approved by the power management department under the state council and issued to the power supply business license. The power supply business entity shall apply for the business license to the administrative department for industry and commerce with the power supply business license.



Article 26 the power supply business units in the power supply business areas shall have the obligation to supply electricity to the users in the business area according to the state regulations; No power supply shall be provided to units or individuals who apply for electricity in their business areas in violation of state regulations.



Application for new installation of electricity, temporary electricity consumption, increase of capacity, change of electricity consumption and termination of electricity consumption shall be conducted in accordance with the prescribed procedures.



The power supply enterprise shall, in its place of business, announce the procedure, system and charging standards for electricity utilization and provide the user information.



Article 27 the power supply and use the two sides should be based on the principle of equality, voluntary, consensus, by the state council, formulate measures of power supply and use a power supply contract, determine the rights and obligations of both sides.



Article 28 power supply enterprises shall ensure that the quality of power supply to users conforms to national standards. The quality of power supply caused by public power supply facilities shall be handled in a timely manner.



If the user has special requirements for the quality of power supply, the power supply enterprise shall provide the corresponding power according to its necessity and the possibility of the power grid.



Article 29 in the case of normal power generation and power supply system, power supply enterprises shall continuously supply power to users without interruption. The power supply enterprises shall notify the users in advance in accordance with the relevant state regulations for the reasons for the maintenance of power supply facilities, power rationing or the illegal use of electricity by users.



If the user disagrees with the interruption of power supply to the power supply enterprise, he may complain to the power management department; The power management departments handling complaints shall handle them according to law.



Article 30 when emergency power supply is required for rescue and disaster relief, the power supply enterprises shall arrange the power supply as soon as possible, and the cost of power supply and the electricity bill payable shall be carried out in accordance with relevant state regulations.



Article 31 the user shall install electricity meters. The amount of electricity used by the user shall be subject to the records of the electricity meters approved by the metrological verification institution according to law.



The design, installation and operation management of the user shall conform to the national standards or the standards of the electric power industry.



Article 32 the electricity consumption of the users shall not endanger the safety of power supply, the safety of electricity or the order of electricity consumption.



The power supply enterprises shall have the right to stop the power supply, the safety of electricity, and the disturbance of power supply and order.



Article 33 a power supply enterprise shall, in accordance with the record of the electricity price and electricity metering equipment approved by the state, charge the user the electricity bill.



The power supply enterprise shall produce the relevant certificates when it enters the users and the charging personnel of the meter reading list shall enter the user and carry out the electricity security inspection or meter reading.



The user shall pay the electric bill on time according to the state approved electricity price and the record of the electricity metering device; It shall be convenient for the power supply enterprises to inspect the electricity and meter - meter toll collectors to perform their duties according to law.



Article 34 power supply enterprises and users shall abide by the relevant state regulations and take effective measures to ensure the safe utilization of electricity, save electricity and plan the use of electricity.

    

Chapter v electricity prices and electricity charges.



Article 35 the term "electricity price" as mentioned in this law refers to the feed-in tariff of electric power production enterprises, the exchange of electricity price between the power grid and the electricity price of the power grid.



The electricity price should be unified, unified pricing principle and hierarchical management.



Article 36 when setting the price of electricity, it shall reasonably compensate the cost, reasonably determine the income, calculate the tax according to law, insist on the fair burden, and promote the construction of electric power.



Article 37 the price of the Internet shall be the same as that of the network. Specific measures and implementation procedures shall be formulated by the state council.



If the power production enterprises have special circumstances to set up the feed-in tariff, the specific measures shall be formulated by the state council.



Article 38 across provinces, autonomous regions and municipalities directly under the central government and provincial networks within a feed-in tariff, negotiated by power production enterprises and power grid management enterprises put forward solution, the competent administrative department for price under the state council for approval.



The feed-in tariff in the independent power grid shall be submitted by the electric power production enterprise and the power grid operation enterprise to submit the plan for approval by the price administration department with the right of management.



Local investment in the production of electricity power production enterprises, belonging to the formation of independent power networks between regions of the province or spontaneous for private use, its price can be managed by the people's governments of provinces, autonomous regions and municipalities directly under the central government.



Article 39 across provinces, autonomous regions and municipalities directly under the central power grid and between independent power networks, the provincial power grid and the mutual-supply electricity price among independent power networks, a proposal shall be made through consultation by the two parties, to quote the price administration department of the state council or its authorized department for approval.



The mutual power price between the independent power grid and the independent power grid shall be submitted by the parties through consultation and shall be submitted to the competent department of price administration for approval.



Article 40 the provinces, autonomous regions and municipalities directly under the central government and provincial networks of sales of electricity, the power grid management enterprises put forward solutions, to quote the price administration department of the state council or its authorized department for approval.



The sale price of the independent power grid shall be put forward by the power grid operation enterprise and shall be approved by the administrative department of price administration with the right of management.



Article 41 the state shall implement the classification of electricity prices and time-sharing prices. Classification standards and time-sharing methods shall be determined by the state council.



The same electricity price standard shall be applied to users of the same voltage grade and same power category within the same power grid.



Article 42 the charging standards for the use of electricity by users shall be formulated by the department of price administration under the state council in conjunction with the power management department under the state council.



Article 43 no unit shall set the price of electricity beyond the authority of the power price administration. The power supply enterprise shall not change the electricity price without authorization.



Article 44 any unit or individual shall be forbidden to charge other fees in the electricity bill. However, other provisions of laws and administrative regulations shall be carried out in accordance with the provisions.



Where a local fund collects fees for electricity charges, the people's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate measures in accordance with the relevant provisions of the state council.



Power supply enterprises are forbidden to collect other fees when collecting electricity.



Article 45 the administrative measures for electricity price shall be formulated by the state council in accordance with the provisions of this law.



Chapter vi rural electric power construction and agricultural power consumption.



Article 46 the people's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate plans for the development of rural electrification and incorporate them into local power development plans and plans for national economic and social development.



Article 47 the state applies preferential policies to rural electrification and gives priority to rural power construction in minority areas, remote areas and poverty-stricken areas.



Article 48 the state advocates rural development of hydropower resources, construction of small hydropower stations and the promotion of rural electrification.



The state encourages and supports rural use of solar energy, wind power, geothermal energy, biomass energy and other energy sources to build rural power supply and increase rural power supply.



Article 49 the local people's governments at or above the county level and their comprehensive economic departments when arranging electricity quotas, shall guarantee the proper proportion of electricity for rural and agricultural utilization, ensure the electricity for rural floodwater drainage, combat of drought, and seasonal agricultural production.



Electric power enterprises shall implement the electric power arrangement mentioned in the preceding paragraph and shall not reduce the agricultural and rural electricity consumption indicators.



Article 50 the price of agricultural electricity shall be determined according to the principle of guarantee and profit.



Farmers living with electricity and local urban residents should gradually adopt the same electricity price.



Article 51 measures for the administration of electricity in agriculture and rural areas shall be formulated by the state council in accordance with the provisions of this law.



Chapter vii protection of power facilities.



Article 52 no unit or individual may endanger the power generation facilities, substation facilities and power line facilities and their related auxiliary facilities.



Around the electric power facilities or demolition and other may endanger the safe operation of power facilities, under the state council shall, in accordance with the provisions regarding the protection of power facilities, approved and adopt measures to ensure the safety of power facilities, is in for operation.



Article 53 the electric power management departments shall set up signs for the power facilities protected areas in accordance with the provisions of the state council concerning the protection of electric power facilities.



No unit or individual shall not be built in the legally demarcated power facility protection zones may endanger the safety of power facilities, buildings, structures, is not allowed to grow plants may endanger the safety of power facilities, shall not be objects may endanger the safety of power facilities.



Any plant that has been planted before the establishment of an electric power facility protected area in accordance with the law shall prevent the safety of power facilities and should be trimmed or cut down.



Article 54 no unit and individual needs in the legally demarcated power facility protection zones, when may endanger the safety of power facilities, shall be approved by the administrative departments of electric power and safety measures are taken, before work.



Article 55 electric power facilities and utilities, greening projects, and other engineering interfere with each other in the process of building, rebuilding or expansion, the relevant units shall, in accordance with relevant state regulations, negotiation and agreement rear can construction.



Chapter viii supervision and inspection.



Article 56 the power management department shall supervise and inspect the implementation of power laws and administrative regulations by power enterprises and users according to law.



Article 57 electric power management departments may, according to their work needs, be equipped with electric power supervisory and inspection personnel.



The power supervision and inspection personnel shall be impartial and incorruptible, enforce the law impartially, be familiar with electric power laws and regulations, and master relevant power technology.



Article 58 when conducting supervision and inspection, electric power supervisory and inspective personnel shall have the right to the electric power enterprises or users understand the executive power of the laws and administrative regulations, access to relevant information, and shall have the right to enter the site inspection.



Power enterprises and users shall provide convenience for the power supervision and inspection personnel who perform supervision and inspection tasks.



The power supervision and inspection personnel shall produce their certificates when conducting supervision and inspection.



Chapter ix legal responsibility.



Article 59 if a power enterprise or a user violates the contract of power supply and power and causes losses to the other party, it shall be liable for compensation according to law.



The electric power enterprise in violation of the provisions of article 28, paragraph 1 of article 29 of, does not guarantee the quality of power supply or power supply without notifying the user interrupt, losses to the user, shall be liable for compensation according to law.



Article 60 the power enterprises shall be liable for compensation according to law for the damage caused to users or the third party caused by the power operation accidents.



Electric power enterprises shall not be liable for compensation if the power operation accident is caused by one of the following reasons:



(1) force majeure;



(2) the user's own fault.



The user or the third party shall be liable for compensation in accordance with the law if the fault of the user or the third party causes damage to the power enterprise or other users.



In violation of the provisions of article sixty-one of the second paragraph of article 11 of the regulations, illegally occupy or utilize the land designated to substation facilities, transmission line corridors, and cable channels, the local people's governments at or above the county level shall order correction within a time limit; If no correction is made after the time limit, the obstacle shall be removed.



Article 62 in violation of the provisions of article 14 of this law, the power construction project shall be ordered to stop construction by the power management department if it fails to meet the power development planning and industrial policy.



In violation of the provisions of article 14 of this law, the electric power construction projects using the power equipment and technology declared obsolete by formal decree of the state, shall be ordered to stop the use by the administrative departments of electric power, confiscated declared obsolete by formal decree of the state electric power equipment, and be fined fifty thousand yuan.



Sixty-third article in violation of the provisions of article 25 of this law, without permission, engage in power supply or alteration of electricity service areas, by the administrative departments of electric power shall be ordered to correct, confiscate the illegal income derived therefrom and may concurrently be fined five times the illegal income.



Article 64 in violation of the provisions of article 26 and article 29 of this law, the power management department shall order correction and give warning to those who refuse to supply power or interrupt the power supply. If the circumstances are serious, administrative sanctions shall be imposed on the competent personnel and the persons directly responsible.



Article 65 any person who, in violation of the provisions of article 32 of this law, endangers the power supply, the safety of electricity or disturbs the order of power supply or electricity, shall be ordered by the power management department to make corrections and give warning; If the circumstances are serious or refuse to be corrected, the power supply may be suspended and a fine of not more than 50,000 yuan may be imposed.



Article sixty-six in violation of the provisions of article 33 and article 43 and 44, is not in accordance with the electricity price approved by the state and the records of electricity meters to the user set the price of electricity fees, beyond the scope of authorization or other fees in electricity charge, by the pricing administrative department to give warning, shall be ordered to return the illegal collection of fees, can be concurrently fined not more than five times illegal fees; If the circumstances are serious, administrative sanctions shall be imposed on the competent personnel and the persons directly responsible.



Article 67 in violation of the provisions of the second paragraph of article 49 of this law, the administrative department for electric power shall order them to make corrections. If the circumstances are serious, administrative sanctions shall be imposed on the competent personnel and the personnel directly responsible; Whoever causes losses shall be ordered to compensate for the losses.



In violation of the provisions of article sixty-eight of the second paragraph of article 52 and article 54 regulation, without approval or not take the safety measures around the electric power facilities or to operate in the legally demarcated power facility protection zones, endanger the safety of power facilities, shall be ordered to stop operation, restore to its original state by the administrative departments of electric power and compensate for the losses.



The sixty-ninth article in violation of the provisions of article 53 of this law, in the legally demarcated power facility protection zones to build buildings, structures or planting plants, pile, endanger the safety of power facilities, the local people's government shall be ordered to forced demolition, cut or removed.



Article 70 whoever commits any of the following ACTS shall be punished by the public security organs in accordance with the relevant provisions of the regulations on administrative penalties for public security. If the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law:



(1) obstructing electric power construction or emergency repair of power facilities, resulting in the failure of power construction or emergency repair of power facilities;



(2) disturbing the order of power production enterprises, substations, power dispatching organs and power supply enterprises, resulting in the failure of normal production, work and business operations;



(3) those who have beaten or publicly insulted the personnel who have performed their duties or paid staff on the meter;



(4) refusing or hindering the power supervision and inspection personnel to perform their duties according to law.



Article 71 if the power is stolen, the power management department shall order it to stop the illegal act, and pay the electricity fee and pay a fine of less than five times of the electricity bill. Whoever commits a crime shall be investigated for criminal responsibility in accordance with the provisions of article 151 or article 152 of the criminal law.



Article seventy-two whoever steals or damage by other means electric power facilities, power facilities of endangering public security, in accordance with the provisions of article one hundred and nine or article one hundred and ten of the criminal law shall be investigated for criminal responsibility according to law.



Article 73 any functionary of an electric power management department who abuses his power, neglects his duty or engages in malpractices for personal gain shall be investigated for criminal responsibility in accordance with the law. If the crime is not constituted, administrative sanctions shall be imposed according to law.



Article seventy-four of the electric power enterprise employees in violation of the rules and regulations, illegally scheduling or do not obey the dispatch instructions, cause serious accident, shall be investigated for criminal responsibility according to the provisions of article one hundred and fourteen of the criminal law.



If the employees of an electric power enterprise intentionally delay the repair of power facilities or provide power for rescue and relief work, and cause serious consequences, they shall be investigated for criminal responsibility in accordance with the provisions of article 114 of the criminal law.



The administrative personnel of the electric power enterprises and the personnel who check the electricity of the electric power company, and the payers of the meter reading, extorting users and using electricity for personal gain, shall be investigated for criminal responsibility according to law. If the crime is not constituted, administrative sanctions shall be imposed according to law.



Chapter x supplementary provisions



Article 75 this law shall come into force as of April 1, 1996.