3. Innovative Management of the Energy Sector and Improved Government Services
(三)创新能源科学管理和优化服务
Working to become a service-oriented government, the Chinese government has further transformed its functions, streamlined administration, delegated powers, improved regulation and upgraded services. It employs strategic plans and macro-policies on energy, and mobilizes resources for major undertakings. Better oversight and regulation of the energy market will deliver better results and promote fair competition among all market entities. Putting people and lives above everything else, China has remained firm in its commitment to safe production in the energy industry.
进一步转变政府职能,简政放权、放管结合、优化服务,着力打造服务型政府。发挥能源战略规划和宏观政策导向作用,集中力量办大事。强化能源市场监管,提升监管效能,促进各类市场主体公平竞争。坚持人民至上、生命至上理念,牢牢守住能源安全生产底线。
Igniting the vitality of market entities. China has extended reform in the energy sector to delegate powers, improve regulation, and upgrade services. This includes reducing approval by the central government for energy projects and delegating the approval power to local authorities for some projects. The requirement for government review and approval has been rescinded for energy projects about which market entities can decide at their own discretion. The number of items of preliminary review has been slashed and the threshold for market access has been lowered, while supervision during and after production has been enhanced and standardized. "Access to electricity" services have been improved. As a result, the time, procedures and cost needed for businesses to connect to the power grid have all been cut down. In addition, China has promoted the "internet plus government services" model, and expanded the practice of providing all energy-related government services at one simple window in localities where all relevant authorities have outlets, thereby improving one-stop services.
激发市场主体活力。深化能源“放管服”改革,减少中央政府层面能源项目核准,将部分能源项目审批核准权限下放地方,取消可由市场主体自主决策的能源项目审批。减少前置审批事项,降低市场准入门槛,加强和规范事中事后监管。提升“获得电力”服务水平,压减办电时间、环节和成本。推行“互联网+政务”服务,推进能源政务服务事项“一窗受理”“应进必进”,提升“一站式”服务水平。
Guiding the allocation of resources. In addition to other plans, including special plans and action plans, China has drawn up and implemented the "Strategy for Energy Production and Consumption Revolution (2016-2030)" for developing the energy sector. These define the overall goals and key tasks, and guide investment in the sector. In order to encourage market entities to appropriately explore and utilize energy resources, China has refined its fiscal, taxation, industrial, financing, and investment policies, implemented a nationwide ad valorem tax on crude oil, natural gas and coal, and raised excise tax on oil products. It is building a green finance incentive system to promote new energy vehicles and develop clean energy. China also encourages Renminbi settlement for trading in bulk energy commodities.
引导资源配置方向。制定实施《能源生产和消费革命战略(2016-2030)》以及能源发展规划和系列专项规划、行动计划,明确能源发展的总体目标和重点任务,引导社会主体的投资方向。完善能源领域财政、税收、产业和投融资政策,全面实施原油、天然气、煤炭资源税从价计征,提高成品油消费税,引导市场主体合理开发利用能源资源。构建绿色金融正向激励体系,推广新能源汽车,发展清洁能源。支持大宗能源商品贸易人民币计价结算。
Promoting fair competition. China has overhauled the government's regulatory power and responsibilities, and gradually transformed regulation of the electricity sector to comprehensive regulation of the entire energy sector. It has tightened regulation of electricity transaction, distribution and supply, the market order, equitable connection to the power grid, and grid investment, cost and efficiency. China has also reinforced oversight of the opening of oil and gas pipeline facilities to all eligible users, increased information transparency of pipeline operators, and increased the utilization rate of these facilities. Random inspection by randomly selected staff and prompt release of inspection results have been expanded to the whole energy sector. Efforts have been intensified to establish a credit system in the energy industry, created in accordance with law lists of entities that have committed serious acts of bad faith, and to take joint punitive action against such acts, hence increasing the effectiveness of credit regulation. China exercises prudential regulation of new business forms to develop new drivers of growth. It also keeps energy hotlines open to ensure oversight by the public.
促进市场公平竞争。理顺能源监管职责关系,逐步实现电力监管向综合能源监管转型。严格电力交易、调度、供电服务和市场秩序监管,强化电网公平接入、电网投资行为、成本及投资运行效率监管。加强油气管网设施公平开放监管,推进油气管网设施企业信息公开,提高油气管网设施利用率。全面推行“双随机、一公开"监管,提高监管公平公正性。加强能源行业信用体系建设,依法依规建立严重失信主体名单制度,实施失信惩戒,提升信用监管效能。包容审慎监管新兴业态,促进新动能发展壮大。畅通能源监管热线,发挥社会监督作用。
Ensuring production safety. China has improved the accountability system for coal mine safety, raised the efficiency of coal mine supervision, regulation and law enforcement, created a standardized management system for coal mine safety, and built up its capacity for disaster prevention and control. As a result, coal mine safety has much improved. Enterprises share the main responsibility for power safety, industry regulators share the regulatory responsibility, and local authorities have the overall responsibility for safety in their respective jurisdictions. Oversight and management have been improved to ensure cybersecurity of the electricity system, as well as the safety and quality of electricity construction projects. Safety risks in the supply of electricity are manageable in general, and there has been no instance of extensive blackout. Meanwhile, through stronger safety regulation of the entire oil and gas industrial chain, China has maintained safety in oil and gas production. Thanks to sustained efforts to improve its system and capacity for nuclear safety regulation, China's nuclear power plants and research reactors are generally safe and secure, and the quality of nuclear projects under construction is well controlled as a whole.
筑牢安全生产底线。健全煤矿安全生产责任体系,提高煤矿安全监管监察执法效能,建设煤矿安全生产标准化管理体系,增强防灾治灾能力,煤矿安全生产形势总体好转。落实电力安全企业主体责任、行业监管责任和属地管理责任,提升电力系统网络安全监督管理,加强电力建设工程施工安全监管和质量监督,电力系统安全风险总体可控,未发生大面积停电事故。加强油气全产业链安全监管,油气安全生产形势保持稳定。持续强化核安全监管体系建设,提高核安全监管能力,核电厂和研究堆总体安全状况良好,在建工程建造质量整体受控。
4. Improving the Rule of Law in the Energy Sector
(四)健全能源法治体系
Implementation of the rule of law is essential in the energy sector. It stabilizes expectations and creates long-term benefits. China aligns law making with reform and development in the energy industry, and has amended or abolished laws and regulations incompatible with the needs of reform and development in the sector. China adheres to the principle that administrative bodies must fulfill their statutory obligations and must not take any action that is not mandated by law, and sees that the government fully performs its functions in accordance with the law.
发挥法治固根本、稳预期、利长远的保障作用,坚持能源立法同改革发展相衔接,及时修改和废止不适应改革发展要求的法律法规;坚持法定职责必须为、法无授权不可为,依法全面履行政府职能。
Improving the system of energy laws. More laws and administrative regulations concerning the energy sector have been formulated or amended. Supervision and inspection of the enforcement of energy laws and regulations has been intensified. The work to enact, amend or repeal regulations and normative documents in the fields of electricity, coal, oil, natural gas, nuclear power and new energy has been accelerated, in order to incorporate reform results into China's laws, regulations and major policies.
完善能源法律体系。推进能源领域法律及行政法规制修订工作,加强能源领域法律法规实施监督检查,加快电力、煤炭、石油、天然气、核电、新能源等领域规章规范性文件的“立改废”进程,将改革成果体现在法律法规和重大政策中。
Improving law-based governance of the energy sector. China is working to ensure law-based governance and see that the rule of law materializes in the entire process of making, enforcing, overseeing and managing energy strategies, plans, policies and standards. To raise awareness of the law, it is developing a new paradigm that features interaction and mutual support between the government and enterprises, which will help create an enabling environment across the nation for respecting, studying and observing the law. China has adopted new practices in administrative law enforcement by introducing a nationwide system for disclosing information on administrative law enforcement, a system for recording the entire enforcement process, a system for reviewing the legality of major enforcement decisions, and an accountability system. China will ensure that the channels for applying administrative reconsideration and filing administrative lawsuits remain open, that cases are handled in accordance with laws and regulations, that the legitimate rights and interests of administrative counterparts are protected in accordance with the law, and that people can see in every case that justice has been served.
推进能源依法治理。推进法治政府建设,推动将法治贯穿于能源战略、规划、政策、标准的制定、实施和监督管理全过程。构建政企联动、互为支撑的能源普法新格局,形成尊法、学法、守法、用法良好氛围。创新行政执法方式,全面推行行政执法公示制度、行政执法全过程记录制度、重大执法决定法制审核制度,全面落实行政执法责任制。畅通行政复议和行政诉讼渠道,确保案件依法依规办理,依法保护行政相对人合法权益,让人民在每一个案件中切实感受到公平正义。