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Qinghai Provincial Monitoring Approach

Original Language Title: 青海省节能监察办法

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Means of inspection in Blue Heavy Province

(Adopted by the 21st ordinary meeting of the Government of Province on 7 February 2014, No. 100 of the Order of the People's Government of the Blue Heavy Province on 23 February 2014)

Chapter I General

Article 1 promotes the rational and cost-effective use of the entire society, in accordance with laws, regulations and regulations such as the Energy Act of the People's Republic of China, the implementation of the “Establishment of energy for the People's Republic of China” Act, and the development of this approach in the light of the actual practice of this province.

Article 2, this approach applies to energy inspection activities within the territorial administration.

Article 3. This approach refers to the supervision of the Section by the supervisory body of the law, regulations, regulations and standards of implementation of the units (hereinafter referred to as inspection units) and to the activities carried out under the law.

Article IV allows administrative authorities to monitor, coordinate the management and coordination of sections within this administrative area.

The provincial section-based inspection body is specifically responsible for monitoring throughout the province and for providing guidance on the conduct of day-to-day monitoring.

Authorities such as urban and rural construction, transport, etc., at the district level, are mandated by law to oversee management.

Article 5 Governments of more people at the district level should strengthen their leadership in the area of energy inspection, enhance the capacity-building of energy inspection agencies and festivals in the municipalities, self-government states and districts with a focus on enabling areas, establish a sound fiduciary system, and incorporate the provision of affordable inspection funds into the same financial budget.

Sections can be inspected without charge of any charge to the inspectorate.

Section VI should be subject to the principle of combining monitoring and services, education and punishment, and carry out inspections in accordance with the law, impartiality and norms.

Section VII shall establish and make public reports of complaints telephones, e-mails, and receive complaints from citizens, legal persons and other organizations against violations of the laws, regulations, regulations and standards.

Chapter II

Article 8

In the municipality of the establishment, the State of self-government is able to monitor the implementation of energy efficiency units for the total annual combined energy consumption of over 5,000 tons of standard coal.

Sections (zonal, municipal) can be inspected by the authorities to implement energy consumption units below the 2000 metrics.

Section 9

(i) Fixed asset investment projects can assess and review the implementation of the system, and the implementation of reasonable energy efficiency measures in the project construction process and the performance of post-implementation energy consumption indicators to assess resource requirements;

(ii) Extensive national orders for the phase-out or limitation of the implementation of user-friendly products, equipment and production processes and the standard of unitable product consumption, mandatory energy efficiency standards, implementation of the energy efficiency mark system;

(iii) Implementation of construction works, public-use facilities construction, design, construction, transport-efficient standards and standard-efficiency performance; implementation of the temperature management system in public buildings and of the civilian construction energy efficiency demonstration system;

(iv) Implementation of the criteria for the phasing out of old transport instruments, the implementation of the updated system and the implementation of the national threshold for transport vehicles fuel consumption;

(v) Implementation by public institutions of laws, regulations and regulations relating to the implementation of relevant sections such as the Public Institutions Ordinance;

(vi) The management system and the establishment, implementation of the energy-efficient programmes;

(vii) Education, training and advocacy;

(viii) A reasonable use of equipment;

(ix) Other matters under laws, regulations and regulations.

Article 10 should also include:

(i) Implementation of energy audits, preparation of internal energy planning, implementation of energy efficiency measures and completion of annual energy efficiency targets;

(ii) Implementation of the energy use reporting system;

(iii) Placement and availability of energy management positions;

(iv) Energy managers and energy management heads receive energy-efficient training.

Chapter III

Section 11 allows for a written inspection and an on-site inspection.

In order to implement written inspections, the inspection units should monitor the information and in-kind, in accordance with the time, content and requirements set out by the supervisory body.

Article 12 is one of the following cases, and field inspections should be carried out:

(i) The state of energy use and the need to be identified on the ground;

(ii) Significant changes in major energy-efficient equipment, production processes or energy consumption structures;

(iii) No energy-efficient technical measures are taken in the production process or inefficient equipment;

(iv) Be suspected of violations of the law, regulations, standards and normative documents of the Section;

(v) Other circumstances under the provisions of laws, regulations, standards and normative documents.

Article 13 implements on-site inspection and shall be communicated in writing to the inspectorate by five working days in advance of the time, scope, content, modalities and specific requests.

In one of the following cases, the supervisory body may carry out on-site inspections directly without pre-qual notification restrictions:

(i) The issue of inspection of the subsections transferred by the parent department or by the same sector;

(ii) To receive matters where citizens, legal persons and other organizations have reported that the complaint needs to be identified;

(iii) Extensive inspection activities carried out in a sample manner.

Article 14. When the field section is subject to inspection, a law enforcement officer may not be less than two persons and, after presentation of administrative law enforcement documents, has the right to take the following measures:

(i) Explore the persons concerned and record or audio;

(ii) Access, photocopy or copy of information relating to the original records, statements, technical documents, etc. relating to section-based inspection matters;

(iii) Inspection of sites produced by the inspectorate, videos and photographs of information, process, production landscapes, equipment, facilities and products;

(iv) Request that the inspectorate provide explanations and clarifications on the issues covered by the Section within the prescribed time frame;

(v) On-site monitoring of actual energy use by the inspectorate;

(vi) Other measures that may be taken by law, regulations and regulations.

In the course of the field inspection, law enforcement officials should be able to hear statements and petitions by the inspectorate and the personnel, such as the actual production of a watchdog and the signing of a chapter by law enforcement officials, the head of the inspectorate or his client, which is rejected by the inspectorate, and section law enforcement officials should indicate in the notes.

Article 16 is subject to the fact that the inspectorate should, if any, describe the circumstances and provide relevant information and in-kind, cooperate with on-site monitoring, refrain from denying, blocking access to inspection, and refrain from concealing the facts, and not forfeiture, destroying, storing information and in kind.

Section 17 shall maintain the production and operation order of the inspectorate in accordance with the law and shall not disclose the technical and commercial secrets of the inspectorate and shall not be used to gain undue benefits.

Section 18 enables law enforcement officials to have a stake in the inspectorate, which may affect the ability to monitor fair treatment and should apply for themselves.

In the opinion of the inspectorate, the section should be avoided by law enforcement officials, and requests for evasion should be submitted in writing to the supervisory body.

Sections can be avoided by law enforcement officials by the main heads of the Section's supervisory body.

Section 19 allows inspection bodies to find that the inspectorate violates the provisions of the relevant sections of law, legislation, regulations, standards and norms, and shall give notice of change.

Section-based inspection bodies have found that the inspectorate has not breached the provisions of energy-efficient laws, regulations, standards and norms, but there is a clear and unreasonable act or incompatible with the requirements of the Section, and that it should send a letter of inspection requesting measures to improve them.

Article 20 allows the inspection body to determine the duration of the change based on the facts of the inspectorate.

The inspectorate has confirmed that the period of replacement should be extended, and requests for extension should be submitted within 15 days prior to the expiration of the deadline. The Section-based inspection body shall make a decision within five working days of the date of receipt of the extension request, but the extension period shall not exceed six months.

The re-engineering and improvement completed by the inspection units within the prescribed time frame should be sent to the inspection body for the rehabilitation and improvement of results.

Article 21 is subject to an objection by the inspectorate to the letter of correction of the order or to the letter of inspection, which can be reviewed in writing from 15 days of receipt. Section-based inspection bodies should review conclusions within 15 working days of the date of receipt of the request and inform the requesting unit.

Section II should focus on tracking the inspectorate of the issuance of a letter of credit or a inspection unit that would enable it to renovate or improve.

Article 23 provides that the supervisory body shall, within its mandate, provide information, technical guidance or services to the inspectorate; the inspectorate may also require information, technical guidance or assistance in the context of the responsibilities of the Section's competent authority or section-based inspection body.

Section 24 does not have the corresponding monitoring and evaluation capacity and can entrust qualitative testing agencies with testing.

Monitoring bodies should conduct testing in accordance with law, objective and impartial terms, provide realistic data and analytical reports and assume responsibility for the testing, evaluation findings.

Article 25 was challenged by the inspectorate for the testing, evaluation findings, which could be submitted in writing to the supervisory body at the present level or at the highest level within 15 days of the date of the testing, evaluation findings.

Sections of inspection bodies should make decisions to be admissible and written replies within 15 working days of the date of receipt of the review request. The decision should be taken by the organization of a qualitative review body within 30 working days from the date of the decision on admissibility. There should be no re-exclusive inspection body.

The review findings organized by the supervisory body at the last level are final testing and evaluation findings. It was established by a review certificate that was contested by the inspectorate and that the cost of the review was borne by the Section-wide inspection body; it was not established and was borne by the inspectorate.

Article 26 The provincial energy authorities shall apply punitive power measures to enterprises that do not meet the requirements after the conversion, in accordance with the relevant provisions of national and provincial development reforms, for example, in relation to the criteria for the consumption of excess units' products; and in the case of phase-out and limitation of the useable enterprises.

Chapter IV Legal responsibility

Article 27, in violation of the provisions of this approach, provides for legal responsibility under the relevant laws, regulations.

Article 28 is blocked by an inspectorate or denied that law enforcement officials can be inspected by law on the ground, or refuse to provide information, in-kind and uncoordinated on-the-board testing, which is ordered by an inspectorate and warned by reason of an order of responsibility; and the refusal of correction is punishable by a fine of up to $500,000. Sections that impede compliance with the law and violate the provisions of the penalties for the administration of justice are punishable by law by the public security authorities; constitute crimes and are criminally prosecuted by law.

Article 29 was forged by the inspectorate, concealed, destroyed, redirected the information and in-kind, and was warned by an order of responsibility of the supervisory body, and refused to correct and impose a fine of up to $300,000 for the inspection unit.

Article 31 was not justified by the inspectorate against the enforcement of a letter of correction of the order, or by a section capable of inspecting the opinion, to impose a fine of more than 300,000 dollars, and to make it unreasonable to be published in society.

The Government of the people at this level is requested to deal with the advice provided by law by the supervisory body after the change of the inspectorate.

Article 31 contains one of the following acts by the supervisory body, which is to be disposed of by law by the executive inspector or by the superior authority for the direct responsible and other direct responsibilities:

(i) Non-compliance with the responsibility to monitor under the law;

(ii) Disclosure of technical and commercial secrets of the inspectorate;

(iii) The use of the job to gain undue benefits;

(iv) The charges charged against the inspectorate in violation;

(v) Other abuses of authority, omissions, provocative fraud.

Chapter V

Article 32 The Blue Heavy Monitoring Scheme, published by the Government of the People of the province on 14 June 2007, was repealed.