1995年12月28日第八届全国人民代表大会常务委员会第十七次会议通过 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正 根据2015年4月24日第十二届全国人民代表大会常务委员会第十四次会议《关于修改〈中华人民共和国电力法〉等六部法律的决定》第二次修正 根据2018年12月29日第十三届全国人民代表大会常务委员会第七次会议《关于修改〈中华人民共和国电力法〉等四部法律的决定》第三次修正
Electric Power Law of the People’s Republic of China (2018 Revision)
（1995年12月28日第八届全国人民代表大会常务委员会第十七次会议通过 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正 根据2015年4月24日第十二届全国人民代表大会常务委员会第十四次会议《关于修改〈中华人民共和国电力法〉等六部法律的决定》第二次修正 根据2018年12月29日第十三届全国人民代表大会常务委员会第七次会议《关于修改〈中华人民共和国电力法〉等四部法律的决定》第三次修正）
(Adopted at the 17th Session of the Standing Committee of the 8th National People's Congress on December 28, 1995; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time according to the Decision on Revising Six Laws including the Electric Power Law of the People's Republic of China passed at the 14th Session of the Standing Committee of the 12th National People's Congress on April 24, 2015; and amended for the third time according to the Decision on Revising Four Laws including the Electric Power Law of the People's Republic of China passed at the 7th Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
第一章 总 则
Chapter 1 General Provisions
Article 1. This Law is formulated in order to safeguard and promote the development of electric power operations, to protect the legal rights and interests of investors, operators and consumers of electric power and to ensure the safe operation of electric power.
Article 2. This Law applies to electric power construction, power generation and electricity supply and consumption within the territory of the People's Republic of China.
Article 3. Electric power operations must meet national economic and social development requirements and must be developed in advance to be appropriate to circumstances. The State encourages and provides guidance to domestic and foreign economic organisations and to individuals to invest in the development of power sources in accordance with the law and to establish power generation enterprises.
The principle of "whoever invests will benefit therefrom" shall apply to investment in the power industry.
Article 4 Electric power facilities are under the protection of the State.
No unit or individual will be permitted to endanger the safety of electric power facilities or illegally seize or use electric power.
Article 5. Electric power construction, power generation and electricity supply and consumption must safeguard the environment in accordance with the law. New technologies must be adopted to reduce the release of harmful substances and prevent pollution and the resulting social detriment.
The State encourages and supports the use of renewable and clean energy resources for electricity generation.
Article 6 The administrative department of electric power under the State Council shall be responsible for the supervision and control of the electric power industry in the whole country. The relevant State Council departments are responsible for the supervision and control of electric power operations within their respective areas of responsibility.
The overall economic management departments of the local people's governments at county level or above are the authorities in charge of electric power operations within their respective administrative regions and are responsible for the supervision and control of electric power operations. The relevant departments of the local people's governments at county level or above are responsible for the supervision and control of electric power operations within their respective areas of responsibility.
Article 7 Electricity construction enterprises, power generation enterprises and power grid operating enterprises will, in accordance with the law, have autonomy over their operations and be responsible for their own profits and losses and will accept the supervision of the departments in charge of electric power.
Article 8 The state assists and supports minority nationality regions, remote border areas, and poverty-stricken areas to develop their electric power industries.
Article 9 The state encourages the adoption of advanced science and technology and management methods in the construction, production, supply, and utilization in relation to electric power, and shall give awards to those units and individuals that achieve remarkable successes in such respects as research, development, and adoption of advanced science and technology and management methods.
Chapter 2 Construction of Electric Power
Article 10. An electric power development plan will be formulated in accordance with the requirements of national economic and social development and will be incorporated in the national economic and social development plans.
An electric power development plan must embody the principles of rational energy use, coordinated development of power sources and grids and achieving sound economic results while at the same time favoring environmental protection.
Article 11. Urban power grid construction and upgrading plans must be incorporated in overall urban plans. People's governments of cities shall, in accordance with the plans, arrange land for transformation facilities, transmission line corridors, and electric cable channels.
No unit or individual will be permitted to illegally seize sites for transformer substation facilities, corridors for electricity transmission lines or channels for electric cables.
Article 12 The state supports and promotes electric power construction by formulating relevant policies.
Local people's governments shall adopt various measures in light of local conditions to develop power sources and promote power construction on the basis of the electric power development plans.
Article 13 Investors in the electric power shall enjoy statutory rights and interests on electric power produced from their investment. If electricity generated is inter-connected to a power grid, the investor will have the right of first refusal. If electricity generated by its own power plant is not inter-connected to a power grid, the investor itself will control the electricity generated for its own use.
Article 14 An electric power construction project shall be in conformity to the planning for electric power development as well as the state policy on the electric power industry.
No electric equipment or technology declared expressly by the state to be eliminated may be used in any electric power construction project.
Article 15 Such auxiliary projects for electric networks as transmission and transformation projects, automatic dispatch and communication projects, as well as environmental protection projects shall be designed, constructed, checked and accepted, and put into operation together with the electricity-generating projects.
Article 16. Land used for electricity construction projects will be dealt with in accordance with the provisions of relevant laws and statutory regulations. Where land is expropriated in accordance with the law, a land compensation fee and compensation money for resettlement must be paid in accordance with the law and resettlement of displaced residents must be carried out effectively.
In power construction the principles of giving practical protection to cultivated land and economizing on land shall be applied.
Local people's governments shall give support and assistance to the electric power industry in using land and relocating the residents concerned according to law.
Article 17 Local people's governments shall give support to electric power enterprises in prospecting water sources, drawing and using water according to law for the electricity-generating projects. Electric power enterprises shall economize on the use of water.
Chapter III Generation of Electric Power and Management of Power Networks
Article 18 Power generation and power grid operation must be conducted in accordance with the principles of safety, quality and economy.
Power grid operation must be continuous and stable to ensure the reliability of electricity supply.
Article 19 An electric power enterprise must improve control over the safe generation of electricity, adhere to the policy of safety first and the importance of accident prevention, and establish and perfect a responsibility system for generation safety.
Electric power enterprises shall regularly examine and maintain their power facilities to ensure their normal operation.
Article 20. Enterprises supplying fuel for electricity generation, transportation enterprises and power generation enterprises must supply, transport and unload fuel pursuant to relevant State Council regulations or the provisions of contracts.
Article 21 Power grid operations must implement a unified system of control and level-by-level management. No entity or individual will be permitted to illegally interfere in power grid management.
Article 22 The State advocates the inter-connection of power grids and inter-connection between power grids. Where a power-producing enterprise qualified as an independent legal person requests for the hookup of electric power it has produced with an electric network, the electric network operating enterprise shall accept it.
Operation of the power grid must comply with national standards or power industry standards.
The two parties involved in the merger shall, in accordance with the principles of unified control, level-by-level administration, equality, mutual benefit and achieving agreement through consultation, sign an agreement, in which they shall stipulate the rights and obligations of each party; where the two parties fail to reach an agreement, a decision shall be made by the administrative department of electric power at provincial level or above through coordination.
Article 23 Administrative measures on power grid management will be formulated by the State Council in accordance with the provisions of this Law.
Chapter 4: Supply and Use of Power
Article 24 The state carries out the principle of safety, economy, and planning in the supply and utilization of electric power.
Measures on electricity supply and consumption will be formulated by the State Council in accordance with the provisions of this Law.
Article 25 Power-supplying enterprises shall supply electricity to the users within their approved service areas.
In the division of electricity service areas, such factors as the structure of power networks and the rationality of electricity supply shall be taken into account. There is only one power supply operation institution in one power supply operation area.
An application for the establishment of or change to an electricity supply district will be lodged by the electricity supply enterprise. The department in charge of electric power will, in conjunction with the relevant departments at the same level, examine and approve the application in accordance with their duties and administrative jurisdiction. A Permit to Engage in Electric Power Business will be issued. Specific measures on the establishment or change of electric power supply areas shall be formulated by the administrative department of electric power under the State Council.
Article 26. An electricity supply operating body situated within an electricity supply district has the obligation to supply electricity to consumers within that district pursuant to State regulations. It is not permitted to refuse, in violation of State regulations, to supply electricity to a unit or individual who applies to use electricity within the electricity supply district.
New electricity users, temporary users, users who wish to have the electric capacity increased, to alter or terminate their use of electricity shall go through the formalities in accordance with stipulated procedures.
An electricity supply enterprise must publicly announce the procedures for electricity consumption, the electricity consumption system and fee standards at its business premises and provide necessary information to consumers.
Article 27 The supplier and user of electric power shall sign a contract for the supply and use of electricity to stipulate for the rights and obligations of each party under the principles of equality, voluntariness and achieving agreement through consultation and in accordance with the measures for the supply and use of electricity formulated by the State Council.
Article 28 Power-supplying enterprises shall guarantee that the quality of electricity supplied to the users is in conformity with the national standards. Problems of electricity quality caused by public facilities of electricity supply shall be solved without delay.
If a user has special requirement on the quality of electricity supply, the power supplier shall, according to its degree of necessity and the capacity of the power grid, supply electricity, accordingly.
Article 29 Power-supplying enterprises shall supply electricity continuously without shut-off if the electricity generating and supply systems function normally. If it is necessary to suspend electricity supply due to overhaul of power supply facilities, restricted supply of electricity in accordance with the law or illegal use of electricity by the user or for other reasons, the power suppliers shall notify users in advance in accordance with relevant State regulations.
Any user disagreeing with a power shut-off by a power-supplying enterprise may complain to the administrative department of electric power; the administrative department of electric power accepting the complaint shall handle it according to law.
Article 30 When an urgent supply of electricity is required for rescue work or disaster relief, an electricity supply enterprise must promptly arrange the supply. The expenses incurred on electricity supply, engineering and electricity charges payable will be handled pursuant to relevant State regulations.
Article 31 A consumer must install electricity consumption measurement equipment. The quantity of electricity consumed shall be based on the records of the metering devices recognized by the metering organization in accordance with law.
The design, installation and operation of current-collecting devices shall meet State standards or the standards of the power industry.
Article 32 Any user shall be forbidden to endanger the safety or disturb the order of electricity supply and consumption.
Power-supplying enterprises shall have the right to stop anyone from endangering the safety or disturbing the order of electricity supply and consumption.
Article 33 Power-supplying enterprises shall calculate and collect the electricity fees from users according to the electricity price approved by the state and the records of the electricity metering apparatus.
Safety inspectors, meter checkers and fee collectors shall present their identification papers when entering consumers' houses to conduct safety inspections, read the meters or collect fees.
A consumer must pay electricity charges on time and in accordance with the State-approved electricity tariff and the electricity consumption measurement equipment recording. A consumer must accommodate the safety inspectors, meter checkers and fee collectors of the electricity supply enterprise in the performance of their duties in accordance with the law.
Article 34 Power-supplying enterprises and users shall observe the relevant regulations of the state, and take effective measures to achieve the safe, economical, and planned use of electricity.
Chapter 5 Electricity Rates and Fees
Article 35 For the purposes of this Law, electricity tariff refers to the price of electricity inter-connected to the grid by the power generation enterprise, the price of electricity mutually supplied by one power grid to another and the price of electricity sold from the power grid.
The electricity price shall be based on the principle of unified policy and unified pricing, and be managed at different levels.
Article 36 The formulation of electricity tariffs must reflect a reasonable compensation for costs, a determination of revenue which is reasonable, a calculation of tax which is in accordance with the law, an adherence to equitable burden-sharing principles and must promote electric power construction.
Article 37. The tariff of electricity inter-connected to a power grid will be on the basis of the same price for the same quality in the one grid. Specific measures and implementation procedures shall be formulated by the State Council.
Where a power generation enterprise has special circumstances requiring the separate determination of tariffs for electricity within a grid, detailed measures will be formulated by the State Council.
Article 38. The power generation enterprise in consultation with the power grid operating enterprise will propose a scheme for tariffs for electricity within a grid which straddles provincial, autonomous regional or directly administered municipal boundaries or a grid at provincial level. This scheme must be submitted to the State Council department in charge of commodity prices for examination and approval.
The price of electricity hooked up with the independent electric network shall be proposed through consultation by the power-producing enterprise and the electric network operating enterprise, and be reported to the authoritative price administrative department for approval.
Where the electric power generated by a local investment power generation enterprise is part of an independent power grid formed in one of the various areas within a province, or is generated by the enterprise for its own use, the tariff for that enterprise may be controlled by the provincial, autonomous regional or directly administered municipal people's government.
Article 39 The price of inter-supply electricity between the electric network involving two or more provinces, autonomous regions, or municipalities directly under the central government and the independent electric network, or between the electric network at provincial level and the independent electric network, shall be proposed through consultation by the two parties, and be reported to the administrative department of price under the State Council or its authorized department for approval.
With regard to the rates of electricity mutually supplied between independent power networks, a plan shall be proposed through consultation by the two parties and shall be examined for approval by the authorized department in charge of price control.
Article 40 The power grid operating enterprise will propose a scheme for tariffs for electricity sold from a trans-provincial, autonomous regional or centrally-administered municipal power grid or power grid at provincial level. This scheme must be submitted to the department in charge of commodity prices under the State Council or its authorized department for examination and approval.
The power grid operating enterprise will propose a scheme for tariffs for electricity sold from an independent power grid. This scheme must be submitted to the department in charge of commodity prices with price control authority for examination and approval.
Article 41 The State will implement classified tariffs and time tariffs. Classification standards and measures for division of time shall be determined by the State Council.
The same electricity rates shall be applied to the same kind of consumers at the same voltage level within the same power grid.
Article 42. Standard charges for increased electricity consumption by consumers will be formulated by the State Council department in charge of commodity prices in conjunction with the State Council department in charge of electric power.
Article 43 No unit may set the electricity price beyond its authority over electricity price control. No power-supplying enterprise may change the electricity rates without authorization.
Article 44 No unit or individual will be permitted to add on extra fees when collecting electricity charges except if otherwise stipulated in laws and statutory regulations.
Measures will be formulated by the provincial, autonomous regional or directly administered municipal people's governments pursuant to relevant regulations of the State Council if, for the purpose of raising funds to develop electric power in local areas, extra fees are added on when electricity charges are collected.
When collecting electricity fees, no power supply enterprises may collect other fees on behalf of others.
Article 45 The State Council shall formulate measures for control of the electricity price in accordance with the provisions of this Law.
Chapter 6 Rural Electric Power Construction and Agricultural Use of Electricity
Article 46 A provincial, autonomous regional or directly administered municipal people's government must formulate a rural electrification development plan which will be incorporated in the local electric power development plan and the national economic and social development plan.
Article 47. The State will implement preferential policies on rural electrification and will give key support to rural electric power construction in minority nationality regions, outlying areas and poor areas.
Article 48 The State advocates the development of hydropower resources in rural areas and the construction of medium- and small-sized hydropower stations to promote rural electrification.
The State encourages and supports the rural utilization of solar energy, wind energy, geothermal energy, biomass energy and other energy for rural electric power construction and to increase the rural supply of electricity.
Article 49. When arranging electricity consumption quotas, a local people's government at county level or above and its overall economic management department must ensure an appropriate proportion of agricultural and rural electricity consumption and ensure priority supply of electricity to be used to drain flooded fields, combat drought or for seasonal agricultural production.
An electric power enterprise must implement the electricity consumption arrangements stipulated in the preceding paragraph and is not permitted to reduce agricultural and rural electricity consumption quotas.
Article 50 The price of electricity for agriculture shall be set under the principles of "breaking even" and "marginal profit".
The same rates of electricity shall gradually be applied to the electricity used by the peasants in everyday life and the electricity used by the local urban residents in everyday life.
Article 51 The State Council shall, in accordance with the provisions in this Law, formulate measures for the management of electricity for agriculture and rural uses.
Chapter 7 Protection of Electric Power Facilities
Article 52 No unit or person may damage electricity-generating, current transformation and electric power line facilities, or other relevant auxiliary facilities.
If any explosion or other operation that might endanger the safety of electric facilities is to be conducted in the surrounding area of electric facilities, approval shall be obtained and measures for ensuring the safety of electric facilities shall be taken in accordance with the regulations of the State Council regarding the protection of electric facilities before such an operation may be started.
Article 53 The administrative departments of electric power shall, in accordance with the regulations of the State Council concerning the protection of electric facilities, set up signs in the protective zones of electric facilities.
No unit or individual will be permitted, within a legally delimited electric power facility protection area, to construct buildings or structures, to cultivate plants or to store goods where this may endanger the safety of electric power facilities.
Vegetation already planted before the demarcation of the protective zone of electric facilities according to law shall be trimmed or chopped if such vegetation imperils the safety of electric facilities.
Article 54 Any unit or person that needs to carry out an operation within the protective zone of electric facilities demarcated according to law, which might endanger the safety of electric facilities, shall obtain approval from the administrative department of electric power and shall take safety measures before such an operation may be started.
Article 55 If the construction, reconstruction or expansion of electric facilities interferes with that of public service projects, afforestation projects, or other projects, the units involved shall negotiate according to relevant regulations of the State and may start the construction only after an agreement is reached through negotiation.
Chapter 8 Supervision and Inspection
Article 56 The administrative departments of electric power shall, according to law, supervise and inspect the implementation of electric power laws and administrative regulations by electric power enterprises and users.
Article 57 The administrative departments of electric power may have electric power supervisors and inspectors if required in the work.
Electricity supervision and inspection personnel must be fair and honest, enforce the law impartially, be familiar with electric power laws and statutory regulations and master relevant specialised electric power technology.
Article 58 When carrying out supervision and inspection, electricity supervision and inspection personnel will have the right to know the details of the implementation of electric power laws and statutory regulations by electric power enterprises and consumers, to consult relevant data and to enter the facility for inspection.
Electric power enterprises and users shall provide convenience to electric power supervisors and inspectors who are carrying out their tasks of supervision and inspection.
When carrying out supervision and inspection, electric power supervisors and inspectors shall produce their identification papers.
Chapter 9 Legal Liabilities
Article 59 An electric power enterprise or consumer who is in violation of the electricity supply and consumption contract, thus causing the other party to incur losses, will bear liability for compensation in accordance with the law.
An electric power enterprise which, in violation of the provisions of Article 28 or the first paragraph of Article 29 of this Law, fails to guarantee the quality of electricity or interrupts the supply of electricity without prior notice and thereby causes a loss to the user, shall bear compensation liability according to law.
Article 60 An electric power enterprise which causes damage to the user or a third party due to an electric power operation accident shall bear compensation liability according to law.
The electric power enterprise is exempt from compensation liability if an electric power operation accident is caused by one of the following factors:
1. Force majeure;
(II) fault of a user.
If damage or loss is incurred by an electric power enterprise or other consumer due to the fault of a consumer or third party, that consumer or third party will bear liability for compensation in accordance with the law.
Article 61 If a party illegally seizes a site for substation facilities, corridor for power transmission lines or channel for electric cables in violation of the provisions of paragraph two of Article 11 of this Law, the local people's government at county level or above will order that party to rectify the matter within a prescribed time limit. If that party still fails to rectify the matter within the prescribed time limit, it will be forced to remove any obstacles it has constructed.
Article 62 If an electricity construction project, in violation of the provisions of Article 14 of this Law, fails to comply with the electric power development plan and industrial policy, the department in charge of electric power will order that construction of the project be halted.
If, in violation of the provisions of Article 14 of this Law, the electric power equipment or technology declared expressly by the state to be eliminated is used for an electric power construction project, the administrative department of electric power shall order a stop to the use of such equipment or technology, confiscate the electric power equipment declared expressly by the state to be eliminated, and impose a fine of not more than 50,000 yuan concurrently.
Article 63 If anyone, in violation of the provisions of Article 25 of this Law, engages in electricity supply or changes the electricity service area without permission, the administrative department of electric power shall order him to make correction, confiscate any illegal gain, and may concurrently impose a fine of not more than five times the amount of his illegal gains.
Article 64 If a party refuses to supply electricity or interrupts the supply of electricity in violation of Article 26 and 29 of this Law, the department in charge of electric power will order that party to rectify the matter and will issue a warning. In serious cases, disciplinary sanctions will be imposed on principal personnel in charge and personnel directly responsible.
Article 65 If anyone, in violation of the provisions of Article 32 of this Law, endangers the safety of electricity supply or electricity use, or disturbs the order of electricity supply or electricity use, the administrative department of electric power shall order him to make correction and issue a warning; if the circumstances are serious or in case of refusal to make correction, the administrative department of electric power may suspend the electricity supply and impose a fine of not more than 50,000 yuan concurrently.
Article 66. If a party, in violation of the provisions of Article 33, 43 or 44 of this Law, fails to calculate and collect electricity charges according to the State-approved electricity tariff and the electricity consumption measurement equipment recording, exceeds its authority in formulation of an electricity tariff or collects extra fees in addition to the electricity charge, the department in charge of commodity prices will issue a warning and order that party to refund money illegally collected. In addition, a fine of up to five (5) times the amount of money illegally collected will be imposed. In serious cases, disciplinary sanctions will be imposed on the principal personnel in charge and personnel directly responsible.
Article 67 If anyone, in violation of the provisions of the second paragraph of Article 49 of this Law, reduces the quotas of electricity for agriculture or rural uses, the administrative department of electric power shall order him to make correction; if the circumstances are serious, disciplinary sanction shall be imposed upon the involved person in charge and the persons directly responsible; in case of a loss caused thereby, the offender shall be ordered to make compensation.
Article 68 If anyone, in violation of the provisions of the second paragraph of Article 52 or Article 54 of this Law, carries out an operation in the surrounding area of electric facilities or within the protective zone of electric facilities demarcated according to law, without approval or without taking any safety measure, which endangers the safety of electric facilities, the administrative department of electric power shall order him to stop such operation, to restore to the original state, and to compensate for the loss.
Article 69 If anyone, in violation of the provisions of Article 53 of this Law, erects buildings or other constructions, plants vegetation, or stockpiles articles and objects within the protective zone of electric facilities demarcated according to law, which endanger the safety of electric facilities, the local people's government shall order him to demolish, chop or remove it.
Article 70 Whoever commits any of the following acts and should be given administrative penalty of public security, shall be punished by the public security organ in accordance with the relevant provisions of the Law on Administrative Penalties for Public Security; if a crime is constituted, criminal liability shall be investigated according to law:
1. Hindering the electric power construction or the urgent repair of electric facilities, thereby making it impossible for the electric power construction or the urgent repair of electric facilities to be carried out normally;
(II) Disturbing the order of the power-producing enterprise, current transformation station, electricity distribution institution, or power-supplying enterprise, thereby making it impossible for the production, work, or business to be conducted normally;
3. beating or openly insulting safety inspectors, meter checkers or fee collectors; or
4. Refusing or hindering the electric power supervisor or inspector who is carrying out his duty according to law.
Article 71 If a party steals electric power, the department in charge of electric power will order the party to cease its illegal activities and will seek payment of electricity charges. In addition, a fine of up to five (5) times the amount of the electricity charges will be imposed. If the case is serious enough to constitute a crime, criminal liability will be pursued in accordance with the provisions of Article 114 of the Criminal Law.
Article 72 Whoever steals electric power facilities or damages electric power facilities by any other means, and endangers the public security, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Article 73 Any staff member of the administrative department of electric power who abuses his power, neglects his duty, or commits irregularities for personal gains, shall be investigated for criminal liability according to law if a crime has been constituted; if no crime is constituted, disciplinary sanction shall be imposed according to law.
Article 74 Any staff member or worker of an electric power enterprise who violates rules and regulations, makes a dispatch in violation of regulations, or disobeys a dispatch and thereby causes grave accidents, shall be investigated for criminal liability according to the relevant provisions of the Criminal Law.
Any employee of an electric power enterprise who intentionally delays an urgent repair on electric facilities or an electricity supply for rescue and relief work and thereby causes serious consequences shall be investigated for criminal liability according to the relevant provisions of the Criminal Law.
Administrators, safety inspectors, meter checkers or electric fee collectors of an electric power enterprise who extort money from consumers or abuse their position in the enterprise for personal gain to such a degree that the act constitutes a crime shall be investigated for criminal responsibility according to law; if it does not constitute a crime, an administrative sanction shall be imposed.
Chapter 10 Supplementary Provisions
Article 75 This Law shall go into effect as of April 1, 1996.