Law of the People's Republic of China on energy conservation

Order of the President of the People's Republic of China

Number 77

The law of the People's Republic of China on energy conservation, as amended and adopted at the 30th session of the standing committee of the 10th National People's Congress on October 28, 2007, is hereby promulgated and shall come into force as of April 1, 2008.

Hu ***, President of the People's Republic of China

October 28, 2008

Law of the People's Republic of China on energy conservation

(adopted at the 28th meeting of the standing committee of the eighth National People's Congress on November 1, 1997 and amended at the 30th meeting of the standing committee of the tenth National People's Congress on October 28, 2007)

directory

Chapter I general provisions

Chapter two can be managed

Chapter iii rational use and conservation of energy

Section 1 general provisions

Section 2 industrial energy conservation

Section 3 building energy conservation

Section 4 energy conservation in transportation

Section 5 energy conservation in public institutions

Section 6 key energy-using units save energy

Chapter iv technical progress

Chapter v incentive measures

Chapter vi legal liability

Chapter vii supplementary provisions

Chapter I general provisions

Article 1 this law is formulated with a view to promoting energy conservation in the whole society, improving the efficiency of energy utilization, protecting and improving the environment, and promoting coordinated and sustainable economic and social development.

Article 2 "energy" as used in this law means coal, oil, natural gas, biomass energy, electric power, heat and other resources from which useful energy is obtained directly or through processing or conversion.

Referred to in article 3 to save energy (herein referred to as "energy saving"), refers to strengthen energy management and take technically feasible, economically rational, and environmental and social can take measures, from all aspects of energy production to consumption, consumption reduction, reduce the loss and pollutant emission, and stop wasting, effective and reasonable use of energy.

Article 4 resource conservation is the basic state policy of our country. The state implements an energy development strategy that combines conservation with development and puts conservation first.

Article 5 the state council and the local people's governments at or above the county level shall incorporate energy conservation into the plans and annual plans for national economic and social development, and shall organize the formulation and implementation of medium - and long-term special plans and annual energy conservation plans. The state council and the local people's governments at or above the county level shall report annually on energy conservation to the people's congresses or their standing committees at the corresponding levels.

Article 6 the state implements the responsibility system for energy conservation objectives and the system for energy conservation assessment and evaluation, and takes the achievement of energy conservation objectives as the content of the assessment and evaluation of local people's governments and their responsible persons.

The people's governments of provinces, autonomous regions and municipalities directly under the central government shall report annually to the state council on their performance of the energy conservation objectives.

Article 7 the state shall adopt industrial policies conducive to energy conservation and environmental protection, restrict the development of industries that consume after energy and cause after pollution, and develop industries that save energy and protect the environment.

The state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government should strengthen the energy conservation work, rationally adjust the industrial structure, enterprise structure, product structure and energy consumption structure, promote enterprises to reduce energy consumption per unit output value and energy consumption per unit product, eliminate backward production capacity, improve the energy of the development, processing, conversion, transmission, storage and supply, improve energy efficiency.

The state encourages and supports the development and utilization of new and renewable energy sources.

Article 8 the state encourages and supports the research, development, demonstration and dissemination of science and technology for energy conservation, and promotes innovation and progress in energy conservation technology.

The state carries out publicity and education on energy conservation, incorporates knowledge of energy conservation into the national education and training system, popularizes scientific knowledge on energy conservation, enhances the awareness of the whole people on energy conservation, and advocates an energy-saving consumption pattern.

Article 9 all units and individuals shall fulfill their obligation to conserve energy according to law and have the right to report any act of wasting energy.

The news media shall publicize laws, regulations and policies on energy conservation and give play to the role of public opinion supervision.

Article 10 the administrative department for energy conservation under the state council shall be responsible for the supervision and administration of energy conservation throughout the country. The relevant departments under the state council shall, within the scope of their respective functions and duties, be responsible for the supervision and administration of energy conservation and shall accept the guidance of the department in charge of energy conservation under the state council.

The administrative departments for energy conservation of the local people's governments at or above the county level shall be responsible for the supervision and administration of energy conservation within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of energy conservation within the scope of their respective functions and duties, and shall accept the guidance of the administrative departments for energy conservation at the corresponding levels.

Chapter two can be managed

Article 11 the state council and the local people's governments at or above the county level shall strengthen highership over the work of energy conservation, and shall make arrangements for, coordinate, supervise, inspect and promote the work of energy conservation.

Article 12 the administrative departments for energy conservation and the relevant departments of the people's governments at or above the county level shall, within the scope of their respective functions and duties, strengthen supervision and inspection of the implementation of laws, regulations and standards on energy conservation, and investigate and deal with ACTS of illegal use of energy according to law. No fees shall be charged to the objects under supervision and administration for the performance of their duties of supervision and administration of energy conservation.

Article 13 the standardization authority under the state council and the relevant departments under the state council shall, in accordance with the law, organize the formulation and timely revision of the national and trade standards for energy conservation, and establish and improve the system of standards for energy conservation. The department in charge of standardization under the state council shall, in conjunction with the department in charge of energy conservation under the state council and the relevant departments under the state council, formulate mandatory energy efficiency standards for energy-using products and equipment and quotas for energy consumption per unit product for products with after energy consumption in the production process. The state encourages enterprises to formulate energy conservation standards stricter than the national and industrial standards.

Where a province, autonomous region or municipality directly under the central government formulates a local energy conservation standard that is stricter than the mandatory national or trade standards, the people's government of the province, autonomous region or municipality directly under the central government shall submit it to the state council for approval. Except as otherwise provided for in this law.

Article 14 the national and trade standards for energy conservation in buildings shall be formulated by the competent construction department under the state council and promulgated in accordance with legal procedures.

The competent construction departments of the people's governments of the provinces, autonomous regions and municipalities directly under the central government may, in light of the local actual conditions, formulate local standards for energy conservation for buildings that are stricter than the national or trade standards, and report them to the standardization department under the state council and the construction department under the state council for the record.

Article 15 the state applies a system of evaluation and review of energy conservation for fixed assets investment projects. For projects that do not meet mandatory energy conservation standards, the authorities in charge of project approval or approval according to law may not approve or approve construction; Construction units may not start construction; Those already built may not be put into production or use. The specific measures shall be formulated by the administrative department for energy conservation under the state council in conjunction with the relevant departments under the state council.

Article 16 the state shall adopt an elimination system for backward energy-using products, equipment and production processes that consume too much energy. The list of obsolete energy-using products, equipment and production processes and the measures for their implementation shall be formulated and promulgated by the administrative department for energy conservation under the state council in conjunction with the relevant departments under the state council. Producers of products that consume a after amount of energy in the course of production shall implement the quota for energy consumption per unit product. The administrative department for energy conservation shall, within the limits of its authority prescribed by the state council, order the production units that use energy in excess of the quota for energy consumption per unit product to control the problem within a time limit.

For special equipment with after energy consumption, energy conservation shall be examined and supervised in accordance with the provisions of the state council.

Article 17 it shall be prohibited to produce, import or sell energy-using products and equipment that are eliminated by state decrees or do not meet mandatory energy efficiency standards; It is prohibited to use energy-using equipment or production techniques that have been eliminated by explicit decree of the state.

Article 18 the state shall exercise management of energy efficiency labels for household appliances and other energy-using products that are widely used and consume large amounts of energy. The catalogue of products subject to the administration of energy efficiency labels and the measures for their implementation shall be formulated and promulgated by the administrative department for energy conservation under the state council in conjunction with the department for product quality supervision under the state council.

Article 19 the producers and importers shall be included in the national energy efficiency identity management catalogue of energy-using products with energy efficiency label, shall indicate in the product packaging or manual, and submitted to the product quality supervision department under the state council in accordance with the relevant provisions and the management of energy saving work department under the state council jointly authorized institutions for the record.

Producers and importers shall be responsible for the accuracy of their energy efficiency labels and related information. The sale of products that should be labeled but do not have an energy efficiency label is prohibited.

It is prohibited to use or falsely use energy efficiency labels or use them for false publicity.

Article 20 producers and sellers of energy-using products may, on a voluntary basis and in accordance with the relevant provisions of the state concerning the certification of energy-conserving products, submit applications for the certification of energy-conserving products to institutions recognized by the certification and accreditation supervision and administration department under the state council; passing the certification, the certification certificate for energy conservation products shall be obtained, and the certification mark for energy conservation products may be used on the energy-using products or the packaging materials thereof.

Certification marks for energy saving products that are prohibited to be used or that are falsely used.

Article 21 the statistical departments of the people's governments at or above the county level shall, together with the relevant departments at the same level, establish and improve the energy statistical system, improve the energy statistical index system, improve and standardize the energy statistical methods, and ensure the truth and integrity of the energy statistical data.

The statistical department under the state council shall, in conjunction with the department in charge of energy conservation under the state council, publish to the public on a regular basis information on energy consumption and energy conservation in all provinces, autonomous regions, municipalities directly under the central government and major energy-consuming industries.

Article 22 the state encourages the development of service institutions for energy conservation and supports them in carrying out such services as consultation, design, evaluation, testing, auditing and certification.

The state supports energy conservation service institutions in disseminating knowledge and training on energy conservation techniques, and in providing information, demonstration and other public welfare energy conservation services.

Article 23 the state encourages trade associations to play their roles in energy conservation planning, formulation and implementation of energy conservation standards, promotion of energy conservation technologies, statistics on energy consumption, publicity and training on energy conservation, and information consultation.

Chapter iii rational use and conservation of energy

Section 1 general provisions

Article 24 energy-using units shall, in accordance with the principle of rational use of energy, strengthen the administration of energy conservation, formulate and implement energy conservation plans and technical measures to reduce energy consumption.

Article 25 energy-using units shall establish a targeted responsibility system for energy conservation, and reward collectives and individuals that have made achievements in energy conservation.

Article 26 energy-using units shall regularly carry out education in energy conservation and on-the-job training in energy conservation.

Article 27 energy-using units shall strengthen the administration of energy measurement and, in accordance with the relevant provisions, equip and use energy measuring instruments that have been verified and qualified according to law.

Energy-using units shall establish a system for the statistics of energy consumption and the analysis of the utilization of energy, conduct classified measurement and statistics on the consumption of various types of energy, and ensure that the statistical data on energy consumption are true and complete.

Article 28 energy production and business operation entities shall not provide free energy to their employees. No unit may impose a fee system on energy consumption.

Section 2 industrial energy conservation

Article 29 the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall promote the optimized development, utilization and rational allocation of energy resources, promote the restructuring of industries conducive to energy conservation, and optimize the structure of energy use and the distribution of enterprises.

Article 30 the administrative department for energy conservation under the state council shall, in conjunction with the relevant departments under the state council, formulate policies on energy conservation technologies for major energy-consuming industries such as electric power, iron and steel, non-ferrous metals, building materials, petroleum processing, chemical industry and coal, so as to promote the technological transformation of energy conservation in enterprises.

Article 31 the state encourages industrial enterprises to adopt after-efficiency and energy-saving electric motors, boilers, kilns, fans, pumps and other equipment, and adopt technologies such as co-generation of heat and power, utilization of residual heat and pressure, clean coal and advanced monitoring and control of energy use.

Article 32 power grid enterprises shall, in accordance with the relevant departments under the State Council, formulate energy-saving power generation dispatching management regulation, clean, efficient and in conformity with the provisions pressure cogeneration, use of waste heat power generation units, and other comprehensive utilization of resources conformity with the provisions of generators and power grid parallel operation, feed-in tariffs to perform the relevant provisions of the state.

Article 33 it is prohibited to build new coal-fired power generating units, oil-fired power generating units and coal-fired thermal power units that do not conform to state regulations.

Section 3 building energy conservation

Article 34 the competent construction department under the state council shall be responsible for the supervision and administration of energy conservation in buildings throughout the country.

The competent construction departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of energy conservation in buildings within their respective administrative areas.

The competent construction departments of the local people's governments at or above the county level shall, in conjunction with the administrative departments for energy conservation at the corresponding levels, formulate plans for energy conservation in buildings within their respective administrative areas. Plans for energy conservation in buildings shall include plans for energy conservation renovation of existing buildings.

Article 35 the construction, design, construction and supervision units of construction projects shall abide by the building energy conservation standards.

For construction projects that do not meet the standards for energy conservation in buildings, the competent construction departments shall not approve the commencement of construction; Where construction has already begun, it shall order the suspension of construction and rectification within a time limit; Those already built may not be sold or used.

The competent construction departments shall strengthen the supervision and inspection of the implementation of building energy efficiency standards for construction projects under construction.

Article 36 a real estate development enterprise shall, when selling a house, make clear to the purchaser such information as the energy saving measures and the warranty period of the heat preservation works of the house it sells, which shall be stated in the house sales contract, the quality guarantee and the operation manual, and shall be responsible for its authenticity and accuracy.

Article 37 public buildings that use air conditioning for heating and cooling shall adopt an indoor temperature control system. The specific measures shall be formulated by the competent department for construction under the state council.

Article 38 the state shall take measures to implement a system of measuring heat supply by household and charging for heat use in buildings subject to central heating step by step. When a new building is to be built or an existing building is to be retrofitted for energy conservation, thermal metering devices, indoor temperature control devices and heating system control devices shall be installed in accordance with relevant regulations. The specific measures shall be formulated by the competent department for construction under the state council in conjunction with the relevant departments under the state council.

Article 39 the relevant departments of the local people's governments at or above the county level shall strengthen the administration of energy conservation in urban areas and strictly control the energy consumption for decorative landscape lighting of public facilities and large buildings.

Article 40 the state encourages the use of energy-saving building materials such as new wall materials and energy-saving equipment in new buildings and in the energy-saving renovation of existing buildings, and the installation and use of solar energy and other renewable energy utilization systems.

Section 4 energy conservation in transportation

Article 41 the relevant competent transport departments under the state council shall, in accordance with their respective functions and duties, be responsible for the supervision and administration of energy conservation in the transport related fields throughout the country. The relevant competent departments of communications and transportation under the state council shall, in conjunction with the administrative department for energy conservation under the state council, formulate energy conservation plans in related fields.

Article 42 the state council and its relevant departments shall guide and promote the coordinated development and effective connection of various modes of transport, optimize the structure of transport and build an energy-saving comprehensive transport system.

Article 43 local people's governments at or above the county level shall give priority to the development of public transport, increase input in public transport, improve the public transport service system, and encourage the use of public transport for travel. Non-motorized vehicles are encouraged.

Article 44 the relevant competent departments of transport under the state council shall strengthen the organization and management of transport, guide road, waterway and air transport enterprises to improve the organization and intensification of transport, and improve the efficiency of energy utilization.

Article 45 the state encourages the development, production and use of energy-saving and environment-friendly automobiles, motorcycles, railway rolling ***, ships and other means of transport, and implements a system of scrapping and updating old means of transport. The state encourages the development and popularization of clean fuels and alternative fuels for petroleum used in means of transportation.

Article 46 the relevant departments under the state council shall formulate the limit standards for fuel consumption of transport operating vehicles and vessels; Those failing to meet the standards shall not be used for operation. The relevant competent transport departments under the state council shall strengthen supervision and administration of the detection of fuel consumption of transport operating vehicles and vessels.

Section 5 energy conservation in public institutions

Article 47 public institutions shall practise strict economy, eliminate waste, take the high in the use of energy-saving products and equipment, and improve the efficiency of energy utilization. "Public institutions" as mentioned in this law refers to state organs, institutions and public organizations that use all or part of the financial ***.

Article 48 the state council and the organs in charge of government offices affairs of the local people's governments at or above the county level shall, in conjunction with the relevant departments at the same level, formulate and organize the implementation of energy conservation plans for public institutions at the same level. Energy conservation plans for public institutions shall include energy conservation renovation plans for existing buildings of public institutions.

Article 49 public institutions shall formulate annual targets for energy conservation and implementation plans, strengthen measurement, monitoring and management of energy consumption, and submit the energy consumption report of the previous year to the organ in charge of government offices affairs of the people's government at the corresponding level. The state council and the organs in charge of government offices affairs of the local people's governments at or above the county level shall, in conjunction with the relevant departments at the same level, set energy consumption quotas for public institutions at the corresponding level according to their administrative authority.

Article 50 a public institution shall strengthen the management of its energy-using system and ensure that the operation of the system complies with the relevant state standards. Public institutions shall conduct energy audits in accordance with relevant regulations and, based on the results of energy audits, take measures to improve the efficiency of energy utilization.

Article 51 when purchasing energy-using products and equipment, public institutions shall give priority to purchasing the products and equipment listed in the government procurement list of energy-saving products and equipment. It is prohibited to purchase energy-using products and equipment that have been eliminated by explicit decree of the state.

The list of government procurement of energy saving products and equipment shall be formulated and published by the government procurement supervision and administration departments of the people's governments at or above the provincial level together with the relevant departments at the same level.

Section 6 key energy-using units save energy

Article 52 the state shall strengthen the administration of energy conservation in key energy-using units. The following energy-using units are the key energy-using units:

(1) units using energy whose total annual comprehensive energy consumption is above 10,000 tons of standard coal;

(2) units designated by the relevant departments under the state council or the administrative departments for energy conservation of the people's governments of provinces, autonomous regions and municipalities directly under the central government for the total annual comprehensive energy consumption of more than 5,000 tons but less than 10,000 tons of standard coal. Measures for the administration of energy conservation in key energy-using units shall be formulated by the administrative department for energy conservation under the state council in conjunction with the relevant departments under the state council.

Article 53 key energy-using units shall submit annual reports on the utilization of energy for the preceding year to the administrative department for energy conservation. The state of energy utilization includes the state of energy consumption, the efficiency of energy utilization, the achievement of energy conservation targets, the analysis of energy conservation benefits and measures for energy conservation.

Article 54 the administrative department for energy conservation shall examine the energy utilization reports submitted by key energy-using units. With regard to the key energy-using units whose energy conservation management system is not sound, whose energy conservation measures are not implemented, and whose energy utilization efficiency is low, the department in charge of energy conservation shall conduct on-site investigations, organize and carry out energy efficiency tests on energy-using equipment, order them to carry out energy audit, and put forward written requirements for rectification, which shall be rectified within a time limit.

Article 55 key energy-using units shall set up posts in energy management and appoint persons in charge of energy management among those with professional knowledge and practical experience in energy conservation and those with technical titles at or above the intermediate level, which shall be reported to the department in charge of energy conservation and other relevant departments for the record. The person in charge of energy management shall be responsible for organizing the analysis and evaluation of the energy use status of the unit, and organizing the compilation of the report on the energy use status of the unit.

Put forward the improvement measures of energy saving work and organize the implementation. Persons in charge of energy management shall receive training in energy conservation.

Chapter iv technical progress

Article 56 the administrative department for energy conservation under the state council shall, in conjunction with the department in charge of science and technology under the state council, issue a policy outline on energy conservation technologies to guide the research, development, dissemination and application of energy conservation technologies.

Article 57 people's governments at or above the county level shall take the research and development of energy-saving technologies as a key field of government input in science and technology, support scientific research institutions and enterprises in carrying out research on the application of energy-saving technologies, formulate energy conservation standards, develop common and key technologies for energy conservation, and promote innovation in energy conservation technologies and the transformation of their achievements.

Article 58 the administrative department for energy conservation under the state council shall, in conjunction with the relevant departments under the state council, formulate and publish a catalogue for the popularization of energy-saving technologies and energy-saving products, and guide energy-using units and individuals to use advanced energy-saving technologies and energy-saving products. The administrative department for energy conservation under the state council shall, in conjunction with the relevant departments under the state council, organize and implement major scientific research projects, demonstration projects and key energy conservation projects.

Article 59 people's governments at or above the county level shall, in accordance with the principles of adapting measures to local conditions, complementing each other with multiple energies, making comprehensive use of them and stressing efficiency, strengthen the work of energy conservation in agriculture and rural areas and increase the input of *** in the promotion and application of energy conservation technologies and products in agriculture and rural areas.

The competent departments in charge of agriculture, science and technology shall support and promote the application of energy-saving technologies and products in agricultural production, processing, storage and transportation of agricultural products, and encourage the upgrading and elimination of agricultural machinery and fishery vessels that consume after energy. The state encourages and supports developing biogas in the rural areas, promote the biomass energy, solar energy and wind power and other renewable energy technologies, development in accordance with the principle of scientific planning, and orderly development of small hydropower, promoting rural residential energy-saving and cooking range, encourage using non-cultivated land cultivation of energy plants, and vigorously develop energy such as firewood forests.

Chapter v incentive measures

Article 60 the central and provincial governments shall arrange special *** for energy conservation to support research and development of energy conservation technologies, demonstration and dissemination of energy conservation technologies and products, implementation of key energy conservation projects, publicity and training on energy conservation, information services, commendations and awards, etc.

Article 61 the state shall implement preferential taxation and other supportive policies for the production and use of energy-saving technologies and energy-saving products that need to be supported and are included in the catalogue of popularization prescribed in article 58 of this law. The state supports the promotion and use of energy-saving products such as energy-saving lighting appliances through financial subsidies.

Article 62 the state shall implement tax policies conducive to the conservation of energy and resources, improve the system of compensated use of energy and mineral resources, and promote the conservation of energy and resources and the improvement of their exploitation and utilization.

Article 63 the state shall, by means of taxation and other policies, encourage the import of advanced energy-saving technologies and equipment and control the export of products that consume after amounts of energy and cause heavy pollution in the course of production.

Article 64 the supervision and administration department of government procurement shall, in conjunction with the relevant departments, formulate the list of government procurement of energy saving products and equipment, and shall give priority to the products and equipment that have obtained certificates of energy saving products.

Article 65 the state shall guide financial institutions to increase credit support for energy conservation projects, and provide concessional loans for the research and development of qualified energy conservation technologies, the production of energy conservation products, and the transformation of energy conservation technologies. The state promotes and guides relevant sectors of society to increase investment in energy conservation and speed up technological transformation for energy conservation.

Article 66 the state shall adopt a price policy conducive to energy conservation and guide energy-using units and individuals to conserve energy. The state adopts fiscal, taxation and pricing policies to support the promotion of power demand side management, contractual energy management and voluntary agreements on energy conservation.

The state implements the system of tou, seasonal electricity price and interruptible load price to encourage power users to adjust their electricity load rationally. For enterprises in the steel, non-ferrous metals, building materials, chemical industry and other major energy-consuming industries, a policy of differential electricity prices shall be implemented for those that are eliminated, restricted, permitted or encouraged.

Article 67 the people's governments at various levels shall commend and reward units and individuals that have made outstanding achievements in the administration of energy conservation, the study of energy conservation science and technology, the popularization and application of energy conservation, and have reported serious waste of energy.

Chapter vi legal liability

Article 68 where the organ in charge of examining and approving or approving a fixed asset investment project, in violation of the provisions of this law, approves or approves the construction of a project that does not meet the mandatory standards for energy conservation, the persons directly in charge and other persons directly responsible shall be punished according to law. If the construction unit of a fixed assets investment project starts construction of a project that does not meet the mandatory energy conservation standards or puts the project into production or use, the administrative department for energy conservation shall order it to stop the construction or stop the production or use and make the transformation within a time limit. Where a productive project cannot be transformed or fails to be transformed within the time limit, the administrative department for energy conservation shall report it to the people's government at the corresponding level for order to close it down within the limits of authority prescribed by the state council.

Article 69 whoever produces, imports or sells energy-using products or equipment that the state has explicitly decreed to be obsolete and USES the certification marks for energy-conserving products or falsely USES the certification marks for energy-conserving products shall be punished in accordance with the provisions of the product quality law of the People's Republic of China.

Article 70 whoever produces, imports or sells energy-using products or equipment that do not meet mandatory energy efficiency standards shall be ordered by the product quality supervision department to stop the production, import or sale of such energy-using products or equipment, and to confiscate the illegally produced, imported or sold energy-using products or equipment and the illegal gains, and shall be imposed a fine of not less than one time but not more than five times the illegal gains; If the circumstances are serious, the administrative department for industry and commerce shall revoke the business license.

Article 71 those who use energy-using equipment or production processes that have been explicitly eliminated by the state shall be ordered to stop using them by the administrative department for energy conservation, and the energy-using equipment that has been explicitly eliminated by the state shall be confiscated. If the circumstances are serious, the administrative department for energy conservation may put forward an opinion and submit it to the people's government at the corresponding level to order it to suspend business for rectification or to close it down within the limits of authority prescribed by the state council.

Article 72 where a production unit USES energy in excess of the limit limit for energy consumption per unit product, if the circumstances are serious, and the unit fails to do so within the time limit or fails to meet the control requirements, the department in charge of energy conservation may put forward an opinion and submit it to the people's government at the corresponding level to order it to suspend business for rectification or to close down according to the limits of authority prescribed by the state council.

Article 73 whoever, in violation of the provisions of this law, fails to mark the energy efficiency label shall be ordered to make corrections by the product quality supervision department and be imposed a fine of not less than 30,000 yuan but not more than 50,000 yuan.

Those who, in violation of the provisions of this law, fail to file energy efficiency labels, or whose energy efficiency labels are not in conformity with the provisions, shall be ordered by the product quality supervision department to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 30,000 yuan.

Whoever falsely USES energy efficiency labels or USES them for false publicity shall be ordered by the product quality supervision department to make corrections and shall be fined not less than 50,000 yuan but not more than 100,000 yuan; If the circumstances are serious, the administrative department for industry and commerce shall revoke the business license.

Article 74 where an energy-using unit fails to equip or use energy measuring instruments as prescribed, the department in charge of product quality supervision shall order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

Article 75 whoever conceals or falsifies energy statistics or fabricates false energy statistics shall be punished in accordance with the provisions of the statistics law of the People's Republic of China.

Article 76 where an institution providing services such as consultation, design, evaluation, testing, audit and certification for energy conservation provides false information, the department in charge of energy conservation shall order it to make corrections, confiscate its illegal gains and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.

Article 77 whoever, in violation of the provisions of this law, supplies energy to the staff and workers of his unit without compensation or applies the system of charging for energy consumption shall be ordered by the administrative department for energy conservation to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan.

Article 78 if a power grid enterprise fails to arrange, in accordance with the provisions of this law, cogeneration of heat and power and generating units using surplus heat and excess voltage in conformity with the provisions of this law to operate with the power grid, or fails to implement the relevant provisions of the state grid price, it shall be ordered to make corrections by the state power regulatory agency. If economic losses are caused to the power generation enterprise, it shall be liable for compensation according to law.

Article 79 where a construction unit violates the standards for energy conservation in a building, the competent construction department shall order it to make corrections and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan. If the design unit, construction unit or supervision unit violates the building energy conservation standards, the competent construction department shall order it to make corrections and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; If the circumstances are serious, the department that issued the qualification certificate shall lower the qualification level or revoke the qualification certificate; If losses are caused, the party shall be liable for compensation according to law.

Article 80 where a real estate development enterprise, in violation of the provisions of this law, fails to make clear to the purchaser information such as the energy conservation measures and the warranty period of the heat preservation works of the house it is selling, it shall be ordered by the competent construction department to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be imposed a fine of not less than 30,000 yuan but not more than 50,000 yuan; Any person who falsely propagandizes the above information shall be ordered by the competent construction department to make corrections and be imposed a fine of not less than 50,000 yuan but not more than 200,000 yuan.

Article 81 where a public institution purchases energy-using products or equipment, but does not give priority to purchasing such products or equipment listed in the government procurement list of energy-conserving products or equipment, or purchases such energy-using products or equipment that the state has explicitly eliminated, the government procurement supervision and administration department shall give a warning and may concurrently impose a fine; The persons in charge directly responsible and other persons directly responsible shall be given sanctions according to law and shall be circulated a notice.

Article 82 where a key energy-using unit fails to submit a report on the utilization of energy in accordance with the provisions of this law or the contents of the report are inaccurate, the administrative department for energy conservation shall order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan.

Article 83 if a key energy-using unit refuses to implement the rectification requirements stipulated in article 54 of this law without justified reasons or the rectification fails to meet the requirements, the administrative department for energy conservation shall impose a fine of not less than 100,000 yuan but not more than 300,000 yuan.

Article 84 if a key energy-using unit fails to establish an energy management post in accordance with the provisions of this law, appoint a person in charge of energy management, and report the matter to the department in charge of energy conservation and other relevant departments for the record, the department in charge of energy conservation shall order it to make corrections; Those who refuse to make corrections shall be fined not less than 10,000 yuan but not more than 30,000 yuan.

Article 85 anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.

Article 86 any state functionary who abuses his power, neglects his duty or engages in malpractices for personal gain in the administration of energy conservation, if the case constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, punishment shall be given according to law.

Chapter vii supplementary provisions

Article 87 this law shall come into force as of April 1, 2008.