The Law of the People's Republic of China on Promoting Circular Economy was adopted by the Fourth Session of the 11th the NPC Standing Committee of the People's Republic of China on August 29th, 2118, and is hereby promulgated and shall come into force as of October 1th, 2119.
August 29th, 2118
People's Republic of China * * * Circular Economy Promotion Law of the People's Republic of China (adopted at the Fourth Session of the 11th the NPC Standing Committee on August 29th, 2118)
Chapter I General Provisions
Chapter II Basic Management System
Chapter III Reduction
Chapter IV Reuse and Resource Utilization
Chapter V Incentive Measures
Chapter VI Legal Liability
Chapter VII Supplementary Provisions <
article 2 the circular economy as mentioned in this law refers to the activities of reduction, reuse and resource utilization in the process of production, circulation and consumption.
the term "reduction" as mentioned in this law refers to the reduction of resource consumption and waste generation in the process of production, circulation and consumption.
The term "reuse" as mentioned in this Law refers to the direct use of waste as a product or its continued use as a product after repair, renovation and remanufacturing, or the use of all or part of waste as a component of other products.
the term "recycling" as mentioned in this law refers to the direct utilization of wastes as raw materials or the recycling of wastes.
article 3 the development of circular economy is an important strategy for national economic and social development, and it should follow the principles of overall planning, rational layout, local conditions, practical results, government promotion, market guidance, enterprise implementation and public participation.
article 4 the development of circular economy shall be carried out on the premise that the technology is feasible, the economy is reasonable, and it is conducive to saving resources and protecting the environment, in accordance with the principle of giving priority to reduction.
in the process of waste reuse and resource utilization, production safety should be ensured, product quality should meet the national standards, and re-pollution should be prevented.
Article 5 The comprehensive management department of circular economy development in the State Council is responsible for organizing, coordinating, supervising and managing the development of circular economy throughout the country; The State Council environmental protection and other relevant competent departments shall be responsible for the supervision and management of circular economy according to their respective responsibilities.
The comprehensive management department of circular economy development of local people's governments at or above the county level is responsible for organizing, coordinating, supervising and managing the circular economy development in their respective administrative areas; Relevant competent departments of environmental protection of local people's governments at or above the county level shall be responsible for the supervision and management of circular economy according to their respective responsibilities.
article 6 the state shall formulate industrial policies that meet the requirements of developing circular economy.
the people's governments at or above the county level shall formulate national economic and social development plans and annual plans, and the relevant departments of the people's governments at or above the county level shall formulate plans on environmental protection, science and technology, etc., which shall include the development of circular economy.
article 7 the state encourages and supports the research, development and popularization of circular economy science and technology, and encourages the publicity, education, popularization of scientific knowledge and international cooperation of circular economy.
article 8 people's governments at or above the county level shall establish a target responsibility system for developing circular economy and take measures such as planning, finance, investment and government procurement to promote the development of circular economy.
article 9 enterprises and institutions shall establish and improve management systems, take measures to reduce resource consumption, reduce waste production and emissions, and improve the level of waste reuse and resource utilization.
article 11 citizens should enhance their awareness of saving resources and protecting the environment, rationally consume and save resources.
the state encourages and guides citizens to use energy-saving, water-saving, material-saving and environmentally-friendly products and recycled products to reduce the amount and discharge of waste.
citizens have the right to report acts of wasting resources and damaging the environment, and have the right to know the information of the government's development of circular economy and put forward opinions and suggestions.
article 11 the state encourages and supports trade associations to play the role of technical guidance and service in the development of circular economy. The people's governments at or above the county level may entrust qualified trade associations and other social organizations to carry out public services to promote the development of circular economy.
the state encourages and supports intermediaries, societies and other social organizations to carry out circular economy propaganda, technology popularization and consulting services to promote the development of circular economy.
Chapter II Basic Management System
Article 12 The comprehensive management department of circular economy development in the State Council shall, jointly with the relevant competent departments of environmental protection in the State Council, draw up a national circular economy development plan, which shall be submitted to the State Council for approval and promulgated for implementation. The comprehensive management department of circular economy development of the local people's government at or above the municipal level with districts shall, jointly with the relevant competent departments of environmental protection of the people's government at the corresponding level, prepare the circular economy development plan of the administrative region, and report it to the people's government at the corresponding level for approval before promulgation and implementation.
circular economy development planning should include planning objectives, scope of application, main contents, key tasks and safeguard measures, and stipulate indicators such as resource output rate, waste reuse rate and resource utilization rate.
article 13 the local people's governments at or above the county level shall plan and adjust the industrial structure of their respective administrative areas according to the control indicators of major pollutant discharge, construction land and total water consumption in their respective administrative areas issued by the people's governments at higher levels, so as to promote the development of circular economy.
new construction, reconstruction and expansion projects must meet the requirements of the main pollutant discharge, construction land and total water consumption control indicators in their respective administrative areas.
Article 14 The comprehensive management department of circular economy development in the State Council shall establish and improve the evaluation index system of circular economy in conjunction with relevant departments in charge of statistics and environmental protection in the State Council.
people's governments at higher levels regularly assess the development of circular economy of people's governments at lower levels according to the main evaluation indicators of circular economy specified in the preceding paragraph, and take the completion of the main evaluation indicators as the content of assessment and evaluation of local people's governments and their responsible persons.
Article 15 Enterprises that produce products or packages listed in the compulsory recycling list must be responsible for recycling abandoned products or packages; Those that can be used shall be used by each production enterprise; For those that are not suitable for use because they do not have technical and economic conditions, each production enterprise shall be responsible for harmless disposal.
if the producer entrusts a seller or other organization to recycle the waste products or packages specified in the preceding paragraph, or entrusts a waste utilization or disposal enterprise to utilize or dispose of them, the trustee shall be responsible for recycling or utilizing and disposing of them in accordance with the provisions of relevant laws and administrative regulations and the contract.
for the products and packages listed in the compulsory recycling list, consumers should hand over the abandoned products or packages to the producers or their entrusted recycling sellers or other organizations.
The catalogue and management measures of products and packages that are subject to compulsory recycling shall be formulated by the comprehensive management department of circular economy development in the State Council.
article 16 the state implements a key supervision and management system for energy consumption and water consumption of key enterprises whose annual comprehensive energy consumption and water consumption exceed the total amount stipulated by the state in industries such as steel, nonferrous metals, coal, electric power, petroleum processing, chemicals, building materials, construction, paper making, printing and dyeing.
energy conservation supervision and management of key energy consuming units shall be implemented in accordance with the Energy Conservation Law of the People's Republic of China.
Measures for the supervision and management of key water users shall be formulated by the comprehensive management department of circular economy development in the State Council in conjunction with relevant departments in the State Council.
article 17 the state establishes and improves the statistical system of circular economy, strengthens the statistical management of resource consumption, comprehensive utilization and waste generation, and regularly announces the main statistical indicators to the society.
the standardization department in the State Council will establish and improve the circular economy standard system together with the relevant departments in charge of comprehensive management of circular economy development and environmental protection in the State Council, and formulate and improve the standards of energy saving, water saving, material saving, waste recycling and resource utilization.
the state establishes and improves the labeling system for product resource consumption such as energy efficiency labeling.
Chapter III Reduction
Article 18 The comprehensive management department of circular economy development in the State Council shall, jointly with the relevant competent departments of environmental protection in the State Council, regularly publish a list of technologies, processes, equipment, materials and products that are encouraged, restricted and eliminated.
it is forbidden to produce, import and sell equipment, materials and products listed in the elimination list, and it is forbidden to use technologies, processes, equipment and materials listed in the elimination list.
article 19 in designing processes, equipment, products and packages, materials and design schemes that are easy to be recycled, disassembled, degraded, non-toxic and harmless or low in toxicity and harm shall be given priority in accordance with the requirements of reducing resource consumption and waste generation, and shall meet the mandatory requirements of relevant national standards.
toxic and harmful substances prohibited by the state shall not be designed and used for electrical and electronic products that may cause environmental pollution during disassembly and disposal. The list of toxic and harmful substances prohibited from being used in electrical and electronic products shall be formulated by the comprehensive management department of circular economy development in the State Council in conjunction with the relevant competent departments of environmental protection in the State Council.
when designing product packaging, product packaging standards should be implemented to prevent waste of resources and environmental pollution caused by excessive packaging.
article 21 industrial enterprises shall adopt advanced or applicable water-saving technologies, processes and equipment, formulate and implement water-saving plans, strengthen water-saving management, and control the whole process of production water.
industrial enterprises should strengthen the management of water metering, equip and use qualified water metering instruments, and establish a system of water consumption statistics and water use status analysis.
new construction, renovation and expansion projects should be supported by water-saving facilities. Water-saving facilities shall be designed, constructed and put into use simultaneously with the main project.
the state encourages and supports desalination and direct utilization of seawater in coastal areas to save fresh water resources.
article 21 the state encourages and supports enterprises to use high-efficiency fuel-saving products.
enterprises in electric power, petroleum processing, chemical industry, steel, nonferrous metals and building materials must replace fuel oil with clean energy such as clean coal, petroleum coke and natural gas within the scope and time limit stipulated by the state, and stop using oil-fired generator sets and oil-fired boilers that do not meet the requirements of the state.
internal combustion engine and motor vehicle manufacturing enterprises should adopt fuel-saving technology to reduce the consumption of petroleum products in accordance with the national fuel economy standards for internal combustion engines and motor vehicles.
article 22 in mining mineral resources, overall planning should be made, a reasonable development and utilization plan should be formulated, and a reasonable mining sequence, method and mineral processing technology should be adopted. The mining license issuing organ shall review the mining recovery rate, mining dilution rate, mineral processing recovery rate, mine water recycling rate and land reclamation rate in the development and utilization plan submitted by the applicant according to law; If the examination fails, the mining license shall not be issued. The mining license issuing organ shall strengthen the supervision and management of mining mineral resources according to law.
while mining the main minerals, mining enterprises should comprehensively mine and rationally utilize the raw and associated minerals with industrial value; For minerals that must be mined at the same time and cannot be used temporarily and tailings containing useful components, protective measures should be taken to prevent resource loss and ecological damage.
article 23 architectural design, construction and construction units shall, in accordance with relevant state regulations and standards, adopt energy-saving, water-saving, land-saving and material-saving technologies and small, light and recycled products for the buildings and structures they design, construct and construct. Conditional areas should make full use of renewable energy such as solar energy, geothermal energy and wind energy.
the state encourages the use of non-toxic and harmless solid waste to produce building materials, encourages the use of bulk cement, and promotes the use of ready-mixed concrete and ready-mixed mortar.
it is forbidden to destroy cultivated land and burn bricks. The production, sale and use of clay bricks are prohibited within the time limit and area stipulated by the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
article 24 the people's governments at or above the county level and their competent agricultural departments shall promote the intensive use of land, encourage and support agricultural producers to adopt advanced planting, breeding and irrigation technologies that save water, fertilizer and medicine, promote the energy conservation of agricultural machinery, and give priority to the development of ecological agriculture.
In water-deficient areas, we should adjust planting structure, give priority to developing water-saving agriculture, promote rainwater harvesting and utilization, build and manage water-saving irrigation facilities, improve water use efficiency and reduce water evaporation and leakage.
article 25 state organs and other organizations that use fiscal funds shall practise economy, put an end to waste, take the lead in using products, equipment and facilities that are energy-saving, water-saving, land-saving, material-saving and environmentally friendly, and economize on office supplies. The State Council and the local people's governments at or above the county level shall, jointly with the relevant departments of the people's governments at the corresponding levels, formulate energy and water consumption quota indicators for state organs and other institutions at the corresponding levels, and the financial departments shall formulate expenditure standards according to the quota indicators.
the people's government of the city and the owners or users of buildings should take measures to strengthen the maintenance and management of buildings and prolong their service life. The people's government of a city shall not decide to demolish buildings that meet the standards of urban planning and engineering construction and are within a reasonable service life, except for the needs of public interests.
article 26 service enterprises such as restaurants, entertainment and hotels should adopt products that are energy-saving, water-saving and material-saving, and are conducive to environmental protection, and reduce or not use products that waste resources and pollute the environment.
newly-built service enterprises such as catering, entertainment and hotels after the implementation of this law shall adopt technologies, equipment and facilities that are energy-saving, water-saving and material-saving, and are conducive to environmental protection.
article 27 the state encourages and supports the use of reclaimed water. In areas where reclaimed water is available, the use of tap water as urban road cleaning, urban greening and landscape water is restricted or prohibited.
article 28 the state restricts the production and sale of disposable consumer goods on the premise of ensuring product safety and hygiene. The specific list shall be formulated by the comprehensive management department of circular economy development in the State Council in conjunction with the relevant departments in charge of finance and environmental protection in the State Council.
for the production and sale of disposable consumer goods listed in the list specified in the preceding paragraph, the competent departments of finance, taxation and foreign trade of the State Council shall formulate restrictive taxation and export measures.
chapter iv reuse and resource utilization
article 29 the people's governments at or above the county level shall make overall plans for the regional economic layout, rationally adjust the industrial structure, promote cooperation among enterprises in the fields of comprehensive utilization of resources, and realize efficient utilization and recycling of resources.
all kinds of industrial parks should organize enterprises in the area to comprehensively utilize resources and promote the development of circular economy.
the state encourages enterprises in various industrial parks to carry out waste exchange and utilization, cascade utilization of energy, intensive utilization of land, classified utilization and recycling of water, and to use infrastructure and other related facilities.
new construction and transformation of various industrial parks should be conducted with environmental impact assessment in accordance with the law, and ecological protection and pollution control measures should be taken to ensure that the environmental quality of the region reaches the prescribed standards.
article 31 an enterprise shall, in accordance with the provisions of the state, comprehensively utilize industrial wastes such as fly ash, coal gangue, tailings, waste rocks, waste materials and waste gas generated in the production process.
article 31 an enterprise shall develop a series water use system and a circulating water use system to improve the reuse rate of water.
enterprises should adopt advanced technologies, processes and equipment to recycle the wastewater generated in the production process.
article 32 an enterprise shall adopt advanced or applicable recovery technologies, processes and equipment to comprehensively utilize waste heat and residual pressure generated in the production process. <