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Thelawsofthepeople'srepublicofChina2012试读：
Publication Note
Under the guidance of the policy of promoting socialist democracy and building a sound socialist legal system formulated at the Third Plenary Session of the Eleventh Central Committee of the Chinese Communist Party, the National People' s Congress and its Standing Committee have, since 1979, enacted many important laws. These laws have been compiled and published in succession by the Legislative Affairs Commission of the Standing Committee of the National People' s Congress of the People' s Republic of China.
In order to acquaint readers abroad with China' s laws and with what China has achieved in building a new legal system, the collections in Chinese entitled the Laws of the People' s Republic of China, covering the period of 1979-2011, have been translated into English and published in 23 volumes at the Foreign Languages Press, the Science Press, and the Law Press respectively. We are now publishing, as Volume 24, the English edition of The Laws of the People' s Republic of China（
2012
）at the Law Press. The publication note in the Chinese edition is not included.This Volume（Vol.24）includes the laws and the decisions amending the laws, which were adopted by the National People' s Congress or its Standing Committee in 2012.
This English edition represents a collective effort by specialists in law and in English translation working under the aegis of the Legislative Affairs Commission of the Standing Committee of the National People' s Congress. We wish to pay tribute to Tong Xiaohua, who revised and finalized the translations. Besides, a number of organizations provided the draft translations of the laws related to their work, and Xia Jihong and Da Ji did much work in the translation and preparation of this Volume. We wish to express our sincere thanks to all the persons and organizations that contributed to the publication of this Volume.
In spite of the great care taken by the translators and editors to produce an accurate translation, shortcomings and oversights are hardly avoidable, and criticism from readers will be appreciated.
In case of discrepancy between the English translation and the original Chinese text, the Chinese edition of The Laws of the People' s Republic of China shall prevail.
The laws to be formulated by the National People' s Congress and its Standing Committee will be translated into English and published in forthcoming volumes.Legislative Affairs Commission of the Standing Committee of the National People' s CongressOctober 20132012
Order of the President of the People' s Republic of China
No.54The
Decision of the Standing Committee of the National People' s Congress on Revising the Law of the People' s Republic of China on Promotion of Cleaner Production
, adopted at the 25th Meeting of the Standing Committee of the Eleventh National People' s Congress of the People' s Republic of China on February 29,2012, is hereby promulgated, and shall go into effect as of July 1,2012.Hu JintaoPresident of the People' s Republic of ChinaFebruary 29,2012Decision of the Standing Committee of the National People' s Congress on Revising theLaw of the People' s Republic of China on Promotion of Cleaner Production
（Adopted at the 25th Meeting of the Standing Committee of the Eleventh National People' s Congress on February 29,2012）At its 25th Meeting, the Standing Committee of the Eleventh National People' s Congress decides to make the following revisions to the Law of the People' s Republic of China on Promotion of Cleaner Production：
1. “Incorporate cleaner production into their plans for national economic and social development”in Article 4 is revised as“incorporate cleaner production promotion into the national economic and social development plan and the annual plan”.
2. Article 5 is revised to read, “The comprehensive coordination department of cleaner production under the State Council shall be responsible for organizing and coordinating the work of cleaner production promotion nationwide. The departments of environmental protection, industry, science and technology, finance and other relevant departments under the State Council shall, within their respective functions and duties, be responsible for work concerning promotion of cleaner production.
“The local people' s governments at or above the county level shall be responsible for directing the work of promoting cleaner production within their own administrative areas. The comprehensive coordination departments of cleaner production determined by the local people' s governments at or above the county level shall be responsible for organizing and coordinating the work concerning promotion of cleaner production within their own administrative areas. Other relevant departments under the local people' s governments at or above the county level shall, according to their respective functions and duties, be responsible for the work concerning promotion of cleaner production. ”
3. Articles 8 and 9 are merged as Article 8, and revised to read, “The comprehensive coordination department of cleaner production under the State Council shall, in conjunction with the departments of environmental protection, industry, science and technology and other relevant departments under the State Council and in accordance with the national economic and social development plan and the requirements of the State for conserving resources, reducing energy consumption and reducing the discharge of major pollutants, formulate national plan for popularization of cleaner production and duly issue it upon approval by the State Council.
“The national plan for popularization of cleaner production shall include the following:objectives, primary tasks and guarantee measures for popularization of cleaner production, and the key fields, key industries and key projects where cleaner production is carried out as are determined based on the level of resource and energy consumption as well as pollution discharge.
“The competent departments of relevant industries under the State Council shall, based on the national plan for popularization of cleaner production, determine the key projects for cleaner production in their respective industries, formulate specific plans for popularization of cleaner production in certain industry and organize the implementation of such plans.
“Local people' s governments at or above the county level shall, in accordance with the national plan for popularization of cleaner production and the specific plans for popularization of cleaner production in certain industry, as well as the local requirements for conserving resources, reducing energy consumption and reducing discharge of major pollutants, determine the key cleaner production projects in their own areas, formulate plans for implementing the popularization of cleaner production and organize efforts to implement such plans. ”
4. One article is added as Article 9, which reads, “In the central budget, the financial input shall be increased for the promotion of cleaner production, including special central budget funds for cleaner production and other funds for cleaner production as arranged in the central budget, which are used to support the implementation of cleaner production in the key fields, industries and projects determined in the national plan for popularization of cleaner production and to popularize cleaner production technologies, as well as to support cleaner production projects in ecologically vulnerable areas. The specific measures for using the central budget funds for supporting the promotion of cleaner production shall be formulated by the department of finance and the comprehensive coordination department of cleaner production under the State Council in conjunction with other relevant departments under the State Council.
“Local people' s governments at or above the county level shall make overall planning for the funds appropriated by the local people' s governments for promotion of cleaner production and guide non-governmental funds to be put in key projects of cleaner production. ”
5. Article 10 is revised to read, “The relevant departments under the State Council and under the people' s governments of provinces, autonomous regions and municipalities directly under the Central Government shall organize and support the establishment of a cleaner production information system and a technical consultation service system, in order to publicly provide information and services in respect of the methods and technologies for cleaner production, the supply and demand of recyclable waste, as well as policies for cleaner production, etc. ”
6. Article 11 is revised to read, “The comprehensive coordination department of cleaner production under the State Council shall, in conjunction with the departments of environmental protection, industry, science and technology, construction, agriculture and other relevant departments under the State Council, regularly publish directories on technologies, techniques, equipment and products for cleaner production.
“The comprehensive coordination department of cleaner production and the department of environmental protection under the State Council, and the comprehensive coordination departments of cleaner production and departments for environmental protection under the people' s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in conjunction with the relevant departments at the same level, organize efforts to compile guidebooks for cleaner production in the key industries or regions, to guide the implementation of cleaner production. ”
7. Article 12 is revised to read, “The State applies a system to eliminate, within a specific time limit, the obsolete production technologies, techniques, equipment and products which cause recourse waste and serious environment pollution. The relevant departments under the State Council shall, in accordance with their respective functions and duties, formulate and publish catalogues of technologies, techniques, equipment and products that should be eliminated within a specific time limit. ”
8. Articles 17 and 31 are merged as Article 17, and revised to read, “The comprehensive coordination departments of cleaner production and departments of environmental protection under people' s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, based on the need of promoting cleaner production, publish through the principal local media the name lists of the enterprises that fail to fulfil the norms for energy consumption control and the norms for major pollutant discharge control, to provide the basis of public supervision over implementation of cleaner production by those enterprises.
“Enterprises specified such name lists as prescribed in the preceding paragraph shall, in accordance with the relevant provisions of the comprehensive coordination department of cleaner production and the department of environmental protection under the State Council, publish information of energy consumption or major pollutant generation and discharge to accept public supervision. ”
9. The second paragraph of Article 20 is revised to read, “Enterprises shall pack products in a reasonable manner. The package materials, structures and costs shall be compatible with the quality, specifications and costs of the products, and package waste shall be reduced. Excessive packaging shall be avoided. ”
10. Article 27 is deleted.
11. Article 28 is changed to be Article 27, in which the second and the third paragraphs are changed respectively to be the second and the fourth paragraph, and are revised to read, “Under any of the following circumstances, enterprises shall adopt compulsory cleaner production examination：
“（1）Pollutant discharge exceeds the norms specified by the State or local authorities, or does not exceed the norms specified by the State or local authorities but exceeds the norms for the total amount of major pollutant discharge control；
“（2）Exceeding the norms of energy consumption limit per unit product, which constitutes high energy consumption; and
“（3）Using toxic or harmful raw materials in the production or discharging toxic or harmful substances in the course of production.
“Enterprises under compulsory cleaner production examination shall report the examination results to the comprehensive coordination departments of cleaner production and the departments of environmental protection under the local people' s governments at or above the county level where they are located, publish such results through principal local media and receive supervision by the public, except where the results involve trade secrets. ”
Two paragraphs are added as the third and the fifth paragraphs, which read,“Enterprises whose pollutant discharge exceeds either the national or local discharge standards shall make rectification in accordance with the relevant laws on environmental protection.
“The relevant departments under local people' s governments at or above the county level shall supervise the compulsory cleaner production examination conducted by enterprises, and shall, where necessary, organize evaluation of the effects of cleaner production implemented by enterprises. The relevant costs thereof shall be incorporated into government budgets at the same level. Departments or entities undertaking the evaluation shall not charge any fees from the enterprises subject to evaluation. ”
The fourth paragraph is changed to be the sixth paragraph, and revised to read, “The specific measures for conducting cleaner production examination shall be formulated by the comprehensive coordination department for cleaner production and the department of environmental protection under the State Council in conjunction with other relevant departments under the State Council. ”
12. Article 29 is changed to be 28, and revised to read, “Enterprises other than those prescribed in the second paragraph of Article 27 of this Law may voluntarily conclude agreements on further conservation of resources and reduction of pollutant discharge with the comprehensive coordination departments of cleaner production and departments of environmental protection. The aforesaid departments shall, through the principal local media, publicize the names of such enterprises and their achievements in conservation of resources as well as prevention and control of pollution. ”
13. Article 30 is changed to be Article 29, and revised to read, “Enterprises may, on a voluntariness basis and in accordance with the State regulations on certification of environment management systems, entrust the certification agencies approved by the department of certification and accreditation administration under the State Council to conduct relevant certification, to improve their level of cleaner production. ”
14. Article 33 is revised to be Article 31 and revised to read, “Financial support shall be given by the local people' s governments at or above the county level to projects designed for cleaner production research, demonstration and training, key State technological updating projects for cleaner production, and other technological updating projects clearly stated in the agreements on voluntary conservation of resources and reduction of pollutant discharge which are prescribed in Article 28 of this Law. ”
15. Article 35 is changed to be Article 33 and revised to read, “Preferential tax policies shall be granted in accordance with the relevant provisions of the State to enterprises manufacturing products by using waste and raw materials out of waste in accordance with the law. ”
16. One article is added as Article 35, which reads, “Where the comprehensive coordination departments of cleaner production and other relevant departments fail to perform their duties in accordance with the provisions of this Law, the persons in charge who are directly responsible and other persons who are directly responsible shall be subject to sanctions in accordance with the law. ”
17. Article 41 is changed to be Article 36 and revised to read, “Where an enterprise, in violation of the provisions of the second paragraph of Article 17 of this Law, fails to publish the information of energy consumption or major pollutant generation and discharge, the comprehensive coordination department of cleaner production and the department of environmental protection under the local people' s government at or above the county level shall, according to the division of functions and duties, order the enterprise to publish such information, and may impose on it a fine of not more than RMB 100,000 yuan. ”
18. Article 39 is deleted.
19. Article 40 is changed to be Article 39 and revised to read, “Where an enterprise, in violation of the provisions in the second and fourth paragraph of Article 27 of this Law, fails to conduct compulsory cleaner production examination or practices frauds in such an examination, or an enterprise that adopts compulsory cleaner production examination fails to report or truthfully report the examination results, the comprehensive coordination department of cleaner production and the department of environmental protection under the local people' s government at or above the county level shall, according to the division of functions and duties, order the enterprise to rectify within a time limit; if the enterprise refuses to do so, it shall be fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. ”
One paragraph is added as the second paragraph, which reads, “Where a department or an entity undertaking the evaluation or their staff, in violation of the fifth paragraph of Article 27 of this Law, charge fees from an enterprise subjected to evaluation, or fail to conduct evaluation in a truthful manner, or practice frauds during the evaluation, or seek illegal benefits by taking advantage of their positions, the person in charge who are directly responsible and other persons who are directly responsible shall be given sanctions in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law. ”
20. “The relevant administrative departments”in the second paragraph of Article 7, Article 13,14 and the second paragraph of Article 15 is revised as“the relevant departments”.
“The administrative departments for science and technology”in Article 14 is revised as“the departments of science and technology”.
“The administrative department for education”in the first paragraph of Article 15 is revised as“the department of education”.
“The administrative department for the economy and trade”in Article 21 is revised as“the department of industry”and“the administrative department for standardization”is revised as“the department of standardization”.
“The administrative department for quality and technical supervision”in Article 37 is revised as“the department of quality and technical supervision”.
This decision shall go into effect as of July 1,2013.
The law of the People' s Republic of China on Promotion of Cleaner Production shall be revised according to this Decision and be repromulgated anew.Law of the People' s Republic of China on Promotion of Cleaner Production（Adopted at the 28th Meeting of the Standing Committee of the Ninth National People' s Congress on June 29,2002, revised in accordance with the Decision on Revising the Law of the People' s Republic of China on Promotion of Cleaner Production made by the Standing Committee of the Eleventh National People' s Congress at its 25th Meeting on February 29,2012）
Contents
Chapter I General Provisions
Chapter II Popularization of Cleaner Production
Chapter III Implementation of Cleaner Production
Chapter IV Incentive Measures
Chapter V Legal Responsibility
Chapter VI Supplementary ProvisionsChapter I General Provisions
Article 1 This Law is enacted for the purpose of promoting cleaner production, increasing the utilization ratio of resources, reducing and preventing pollutant-generating, protecting and improving the
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