Electricity Law of the People's Republic of China (1995)

(adopted at the 17th meeting of the Standing Committee of the Eighth National People's Congress on December 28, 1995 and promulgated by order No. 60 of the president of the people's Republic of China on December 28, 1995)

    Chapter I General Provisions

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

Article 2 this Law shall apply to the construction, production, supply and use of electric power within the territory of the people's Republic of China.

Article 3 the electric power industry shall adapt to the needs of national economic and social development and develop appropriately in advance. The State encourages and guides economic organizations and individuals at home and abroad to invest in the development of power sources and set up power production enterprises according to law.

The principle of "who invests, who gains" shall be implemented in the investment of power industry.

Article 4 power facilities shall be protected by the state.

It is prohibited for any unit or individual to endanger the safety of power facilities or illegally occupy or use electric energy.

Article 5 the construction, production, supply and use of electric power shall protect the environment according to 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 energy and clean energy for power generation.

Article 6 the electric power administration department under the State Council shall be responsible for the supervision and administration of the national electric power industry. The relevant departments under the State Council shall be responsible for the supervision and administration of the electric power industry within the scope of their respective functions and duties.

The comprehensive economic departments of the local people's governments at or above the county level are the power administration departments within their respective administrative regions and are 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 the power industry within the scope of their respective duties.

Article 7 power construction enterprises, power production enterprises and power grid operation enterprises shall, in accordance with the law, operate independently, be responsible for their own profits and losses, and accept the supervision of the power administration department.

Article 8 the state helps and supports minority areas, remote areas and poverty-stricken areas to develop electric power industry.

Article 9 the State encourages the use of advanced science and technology and management methods in the construction, production, supply and use of electric power, and rewards units and individuals that have made remarkable achievements in research, development and use of advanced science and technology and management methods.

Chapter II power construction

    Chapter II power construction

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

Power development planning shall embody the principles of rational use of energy, coordinated development of power sources and power grids, improvement of economic benefits and environmental protection.

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

No unit or individual may illegally occupy the land for power transformation facilities, transmission line corridors and cable channels.

Article 12 the State supports and promotes electric power construction by formulating relevant policies.

The local people's Government shall, in accordance with the power development plan and in light of local conditions, take various measures to develop power sources and develop power construction.

Article 13 power investors shall enjoy legal rights and interests in the power generated by their investment. In case of grid connected operation, power investors have priority to use; The self provided power plants that are not connected to the grid are at the disposal of power investors.

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

Power construction projects shall not use power equipment and technologies that have been explicitly eliminated by the state.

Article 15 power transmission and transformation projects, dispatching and communication automation projects and other grid supporting projects and environmental protection projects shall be designed, constructed, accepted and put into use at the same time as power generation projects.

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

The principle of protecting cultivated land and using land economically shall be implemented in power construction.

The local people's governments shall provide support and assistance to the power industry in the use of land and the relocation of residents according to law.

Article 17 the local people's governments shall support power enterprises in exploring water sources and in drawing and using water according to law for the construction of power generation projects. Power enterprises shall conserve water.

   Chapter III power production and grid management

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

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

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

Power enterprises shall conduct regular inspection and maintenance of power facilities to ensure their normal operation.

Article 20 power generation fuel supply enterprises, transportation enterprises and power production enterprises shall supply, transport and unload fuel in accordance with the relevant provisions of the State Council or the contract.

Article 21 the operation of power grids shall be subject to unified dispatching and hierarchical management. No unit or individual may illegally interfere with power grid dispatching.

Article 22 The State advocates the integration of power production enterprises with power grids and power grids with power grids. If an electric power production enterprise with independent legal personality requests to connect the power it produces to the grid, the power grid operation enterprise shall accept it.

The grid connected operation must comply with national standards or power industry standards.

Both parties to the grid connection shall sign a grid connection agreement in accordance with the principles of unified dispatching, hierarchical management, equality, mutual benefit and consensus through consultation to determine the rights and obligations of both parties; If the two parties fail to reach an agreement on grid connection, the power management department at or above the provincial level shall coordinate and decide.

Article 23 measures for the administration of power grid 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 applies the management principles of safe, economical and planned use of electricity to the supply and use of electricity.

The measures for the supply and use of electricity 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 within the approved power supply business areas.

The division of power supply business areas shall take into account such factors as the structure of the power grid and the rationality of power supply. Only one power supply business organization shall be established in a power supply business area.

For the establishment and change of power supply business areas within the scope of provinces, autonomous regions and municipalities directly under the central government, the power supply enterprise shall submit an application, and the power management department of the people's Government of the province, autonomous region and municipality directly under the central government shall issue a power supply business license after examination and approval by the power management department of the people's Government of the province, autonomous region and municipality directly under the central government in conjunction with the relevant departments at the same level. The establishment and alteration of power supply business areas spanning provinces, autonomous regions and municipalities directly under the central government shall be examined and approved by the power administration department under the State Council and issued with a power supply business license. A power supply business institution may only operate after applying to the administrative department for Industry and Commerce for a business license with the power supply business license.

Article 26 power supply business institutions in power supply business areas shall have the obligation to supply power to users in their business areas in accordance with state regulations; It is not allowed to refuse power supply to the units and individuals applying for power in their business areas in violation of state regulations.

Applications for new installation, temporary use, increase of power capacity, change of power use and termination of power use shall be handled in accordance with the prescribed procedures.

Power supply enterprises shall announce the procedures, systems and charging standards for power use at their business premises, and provide information on the instructions to users.

Article 27 the power supply and use parties shall, on the principle of equality, voluntariness and consensus through consultation, sign a power supply and use contract in accordance with the power supply and use measures formulated by the State Council to determine the rights and obligations of both parties.

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

Where users have special requirements for power supply quality, the power supply enterprise shall provide corresponding power according to its necessity and the possibility of the power grid.

Article 29 power supply enterprises shall continuously supply power to users without interruption under normal conditions of power generation and power supply systems. When power supply needs to be interrupted due to maintenance of power supply facilities, power rationing according to law, or illegal use of electricity by users, the power supply enterprise shall notify users in advance in accordance with the relevant provisions of the state.

If the user has any objection to the interruption of power supply by the power supply enterprise, he may complain to the power management department; The power administrative department that accepts the complaint shall handle it according to law.

Article 30 when emergency power supply is required due to emergency rescue and disaster relief, the power supply enterprise must arrange power supply as soon as possible, and the required power supply engineering costs and electricity charges payable shall be implemented in accordance with the relevant provisions of the state.

Article 31 users shall install electricity metering devices. The electric power and quantity used by users shall be subject to the records of the electric metering devices recognized by the metrological verification institution according to law.

The design, construction, installation and operation management of power receiving devices of users shall comply with the national standards or the standards of the power industry.

Article 32 power consumption by users shall not endanger the safety of power supply and use, or disrupt the order of power supply and use.

The power supply enterprise has the right to stop those who endanger the safety of power supply and use and disrupt the order of power supply and use.

Article 33 power supply enterprises shall calculate and collect electricity fees from users in accordance with the electricity price approved by the state and the records of electricity metering devices.

When the power supply enterprise's power inspectors and meter reading and charging personnel enter the users to conduct power use safety inspection or meter reading and charging, they shall produce relevant certificates.

Users shall pay electricity fees on time according to the electricity price approved by the state and the records of electricity metering devices; Convenience shall be provided for power supply enterprises' power inspectors, meter readers and toll collectors to perform their duties in accordance with the law.

Article 34 power supply enterprises and users shall abide by the relevant provisions of the state and take effective measures to do a good job in the safe, economical and planned use of electricity.

   Chapter V electricity price and tariff

Article 35 for the purposes of this law, the term "electricity price" refers to the on grid price of power production enterprises, the mutual supply price between power grids, and the sales price of power grids.

The electricity price shall be subject to unified policy, unified pricing principle and hierarchical management.

Article 36 when setting the electricity price, it shall reasonably compensate the cost, reasonably determine the income, include it in the tax according to law, adhere to the fair burden, and promote power construction.

Article 37 The on grid electricity price shall be of the same quality and price for the same grid. The specific measures and implementation steps shall be formulated by the State Council.

Where an electric power production enterprise needs to formulate a separate on grid price under special circumstances, the specific measures shall be formulated by the State Council.

Article 38 The on grid price of power grids across provinces, autonomous regions, municipalities directly under the central government and within provincial power grids shall be proposed by power production enterprises and power grid operation enterprises through consultation and submitted to the competent price administration department under the State Council for approval.

For the on grid price within an independent power grid, the power production enterprise and the power grid operation enterprise shall negotiate and propose a scheme, which shall be submitted to the competent price administrative department with the power of management for approval.

The electricity price of electricity produced by locally invested power production enterprises that form independent power grids in various regions of the province or are used by themselves may be managed by the people's governments of provinces, autonomous regions and municipalities directly under the central government.

Article 39 for the mutual supply price between power grids spanning provinces, autonomous regions and municipalities directly under the central government and independent power grids, and between provincial power grids and independent power grids, the two parties shall propose a plan through consultation and submit it to the competent price administration department under the State Council or its authorized department for approval.

The mutual supply price between the independent power grid and the independent power grid shall be proposed by both parties through consultation and submitted to the competent price administrative department with the power of management for approval.

Article 40 for the sale price of power grids across provinces, autonomous regions, municipalities directly under the central government and provincial power grids, the power grid operation enterprise shall propose a plan and submit it to the competent price administration department under the State Council or its authorized department for approval.

The sale price of an independent power grid shall be proposed by the power grid operation enterprise and submitted to the competent price administrative department with the power of management for approval.

Article 41 The State applies classified electricity price and time of use electricity price. The classification standards and time sharing measures shall be determined by the State Council.

The same electricity price standard shall be implemented for users with the same voltage level and the same power consumption category in the same power grid.

Article 42 the charging standards for power capacity increase of users shall be formulated by the price administration department under the State Council in conjunction with the power administration department under the State Council.

Article 43 No unit shall set the electricity price beyond the authority of electricity price management. Power supply enterprises shall not change the electricity price without authorization.

Article 44 it is prohibited for any unit or individual to add other fees to the electricity bill; However, where laws and administrative regulations provide otherwise, the provisions shall prevail.

Where a local fund-raising office charges additional fees for electricity, the people's Government of a province, autonomous region or municipality directly under the central government shall formulate measures in accordance with the relevant provisions of the State Council.

Power supply enterprises are prohibited from collecting other fees when collecting electricity fees.

Article 45 the measures for the administration of electricity prices shall be formulated by the State Council in accordance with the provisions of this law.

    Chapter VI Rural 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 national economic and social development plans.

Article 47 The State shall implement preferential policies for rural electrification and give key support to rural power construction in ethnic minority areas, remote areas and poverty-stricken areas.

Article 48 The State advocates the development of hydropower resources in rural areas, the construction of small and medium-sized hydropower stations and the promotion of rural electrification.

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

Article 49 local people's governments at or above the county level and their competent departments in charge of comprehensive economic affairs shall ensure an appropriate proportion of electricity for agriculture and rural areas, and give priority to ensuring electricity for rural drainage, drought resistance and seasonal agricultural production.

Electric power enterprises shall implement the power utilization arrangement mentioned in the preceding paragraph, and shall not reduce the quota of agricultural and rural power utilization.

Article 50 the price of agricultural electricity shall be determined in accordance with the principle of breakeven and low profit.

The electricity price for farmers' domestic use and that for local urban residents' domestic use shall be gradually the same.

Article 51 the measures for the administration of electricity for 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 power generation facilities, power transformation facilities, power line facilities and their relevant auxiliary facilities.

Blasting and other operations that may endanger the safety of power facilities around power facilities shall be carried out only after approval and measures to ensure the safety of power facilities are taken in accordance with the provisions of the State Council on the protection of power facilities.

Article 53 The administrative department of electric power shall set up signs for the protection areas of electric power facilities in accordance with the provisions of the State Council on the protection of electric power facilities.

No unit or individual may build buildings or structures that may endanger the safety of power facilities within the power facilities protection zone designated according to law, plant plants that may endanger the safety of power facilities, or stack objects that may endanger the safety of power facilities.

Plants that have been planted before the power facilities protection zone is demarcated according to law and that hinder the safety of power facilities shall be pruned or cut down.

Article 54 when any unit or individual needs to carry out operations that may endanger the safety of power facilities within the power facilities protection zone designated according to law, it shall obtain the approval of the power administration department and take safety measures before carrying out operations.

Article 55 when power facilities and public works, greening projects and other projects interfere with each other in the process of construction, reconstruction or expansion, the units concerned shall negotiate in accordance with the relevant provisions of the state and reach an agreement before construction.

   Chapter VIII Supervision and inspection

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

Article 57 the administrative department of electric power may, according to the needs of its work, allocate electric power supervision and inspection personnel.

Power supervision and inspection personnel shall be fair and honest, enforce the law impartially, be familiar with power laws and regulations, and master relevant power professional technology.

Article 58 When conducting supervision and inspection, power supervision and inspection personnel shall have the right to learn about the implementation of power laws and administrative regulations from power enterprises or users, consult relevant materials, and have the right to enter the site for inspection.

Power enterprises and users shall provide convenience for power supervision and inspection personnel performing supervision and inspection tasks.

Power supervision and inspection personnel shall show their certificates when conducting supervision and inspection.

   Chapter IX Legal Liability

    Article 59 If an electric power enterprise or user violates the power supply and consumption contract and causes losses to the other party, it shall be liable for compensation according to law.

Where an electric power enterprise violates the provisions of Article 28 and paragraph 1 of Article 29 of this law by failing to guarantee the quality of power supply or interrupting power supply without notifying users in advance, thereby causing losses to users, it shall be liable for compensation according to law.

Article 60 where power operation accidents cause damages to users or third parties, power enterprises shall be liable for compensation according to law.

The power enterprise 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.

If the fault of a user or a third party causes damage to the power enterprise or other users, the user or the third party shall be liable for compensation according to law.

Article 61 Whoever, in violation of the provisions of the second paragraph of Article 11 of this law, illegally occupies land for power transformation facilities, transmission line corridors or cable channels shall be ordered by the local people's government at or above the county level to make corrections within a time limit; If it fails to correct within the time limit, the obstacles shall be forcibly removed.

Article 62 Where an electric power construction project, in violation of the provisions of Article 14 of this law, does not conform to the electric power development plan or industrial policy, the administrative department of electric power shall order it to stop construction.

If, in violation of the provisions of Article 14 of this law, an electric power construction project uses electric power equipment and technology that the state has explicitly eliminated, the administrative department of electric power shall order it to stop using it, confiscate the electric power equipment that the state has explicitly eliminated, and impose a fine of not more than 50000 yuan.

Article 63 If anyone, in violation of the provisions of Article 25 of this law, engages in power supply or changes the business area of power supply without permission, the administrative department of electric power shall order him to make corrections, confiscate the illegal income, and may also impose a fine of not more than five times the illegal income.

Article 64 Whoever, in violation of the provisions of Articles 26 and 29 of this law, refuses or interrupts power supply shall be ordered by the administrative department of electric power to make corrections and given a warning; If the circumstances are serious, the relevant person in charge and the person directly responsible shall be given administrative sanctions.

Article 65 If anyone, in violation of the provisions of Article 32 of this law, endangers the safety of power supply and use or disturbs the order of power supply and use, the administrative department of electric power shall order him to make corrections and give him a warning; If the circumstances are serious or they refuse to make corrections, they may suspend power supply and may also be fined not more than 50000 yuan.

Article 66 Whoever, in violation of the provisions of articles 33, 43 and 44 of this law, fails to collect electricity fees from users in accordance with the electricity prices and records of electricity metering devices approved by the state, sets electricity prices beyond his authority, or adds other fees to the electricity fees, shall be warned by the competent department of price administration, ordered to return the fees illegally collected, and may also be fined not more than five times the fees illegally collected; If the circumstances are serious, the relevant person in charge and the person directly responsible shall be given administrative sanctions.

Article 67 If anyone, in violation of the provisions of the second paragraph of Article 49 of this law, reduces the quota for agricultural and rural electricity use, the administrative department of electric power shall order him to make corrections; If the circumstances are serious, the relevant person in charge and the person directly responsible shall be given administrative sanctions; If losses are caused, it shall be ordered to compensate for the losses.

Article 68 If anyone, in violation of the provisions of the second paragraph of Article 52 and Article 54 of this law, conducts operations around power facilities or within the power facilities protection zone designated according to law without approval or taking safety measures, thus endangering the safety of power facilities, the power administrative department shall order him to stop the operations, restore the status quo ante and compensate for the losses.

Article 69 Whoever, in violation of the provisions of Article 53 of this law, builds buildings, structures or plants or piles up objects in the power facilities protection zone designated according to law, endangering the safety of power facilities, shall be ordered by the local people's government to forcibly dismantle, cut down or remove them.

Article 70 anyone who commits one of the following acts and should be punished for public security administration shall be punished by the public security organ in accordance with the relevant provisions of the regulations on administrative penalties for public security; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Hindering power construction or emergency repair of power facilities, so that power construction or emergency repair of power facilities cannot proceed normally;

（2） Disrupting the order of power production enterprises, substations, power dispatching agencies and power supply enterprises, so that production, work and business cannot be carried out normally;

（3） Beating or openly insulting electricity inspectors or meter readers and fee collectors performing their duties;

（4） Refusing or hindering the power supervision and inspection personnel from performing their duties according to law.

Article 71 whoever steals electric energy shall be ordered by the administrative department of electric power to stop the illegal act, pursue the payment of the electricity fee and impose a fine of not more than five times the payable electricity fee; If a crime is constituted, criminal responsibility shall be investigated in accordance with the provisions of Article 151 or Article 152 of the criminal law.

Article 72 whoever steals power facilities or damages power facilities by other means, thereby endangering public safety, shall be investigated for criminal responsibility in accordance with the provisions of Article 109 or Article 110 of the criminal law.

Article 73 any staff member of the administrative department of electric power who abuses his power, neglects his duty or engages in malpractices for personal gain, which constitutes a crime, shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, administrative sanctions shall be imposed according to law.

Article 74 Any employee of an electric power enterprise who violates rules and regulations, dispatches in violation of regulations, or disobeys dispatching instructions, thus causing a major accident, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 114 of the criminal law.

Any employee of an electric power enterprise who intentionally delays the emergency repair of power facilities or the power supply for emergency rescue and disaster relief, resulting in serious consequences, shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 114 of the criminal law.

If the management personnel, power inspectors, meter readers and toll collectors of electric power enterprises extort users or use electricity for personal gain, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, administrative sanctions shall be imposed according to law.

    Chapter X supplementary provisions

    Article 75 this Law shall enter into force as of April 1st, 1996.