China Legal Framework - Energy Laws and Regulations
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In China, the legal environment for ppp energy projects has rapidly progressed. The legal framework is a sophisticated system with distinctive hierarchies.
There are national laws, ministerial regulations, guiding opinions, measures and procedures, local rules and regulations, self-regulation rules of the industry and internal governance rules for each of the state-owned power companies and grid companies. Interestingly, use is also made of the concept of 'trial' rules and procedures, whereby new concepts are introduced for stakeholder comment, before becoming fully effective.
The national laws provide broad guidance and are procedurally more difficult to amend. Accordingly, it is the secondary regulations and rules that truly drive the reforms in the industry. The NDRC regulates pricing. The SERC focuses on administration and market regulations. The SASAC, in turn, supervises power corporations. Other specific regulations, such as environment issues and land use rights, are developed by the corresponding governmental bodies.
The main laws and regulations in the power sector are listed below, including some of the proposed rules and procedures, but it should be noted that this list is subject to change due to ongoing reforms.
With: - Model Contract of Direct Purchase of Electricity by Major Users (Trial) 《大用户与发电企业直接交易购售电合同(示范文本)(试行)》 - Model Contract of Direct Purchase of Transmission and Distribution of Electricity by Major Users (Trial) 《大用户与发电企业直接交易输配电服务合同(示范文本)(试行)》National Laws (Approved by the National People’s Congress)
Central Governmental Regulations
State Council Regulations
Market Supervision Regulations
Pricing Regulations
输配电价管理暂行办法
跨区域输电价格审核暂行规定Grid Operation Regulations
跨区跨省电力优化调度暂行规则Regulations on State-Owned Enterprises
发电权交易监管暂行办法
新建发电机组进入商业运营管理办法(试行)
供电企业信息公开实施办法(试行)Other Administrative Regulations
能源领域行业标准化管理办法(试行)
Examples of Local Rules
Examples of Self-Regulation Rules of the CEC and of the State-Owned Power Companies and Grid Companies
Updated: October 10, 2021