Nanchang Municipal Energy Conservation Supervision Approach

Original Language Title: 南昌市节能监察办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(November 12, 2003, Nanchang city people's Government, the 22nd Executive meeting November 17, 2003, Nanchang city people's Government, the 92nd release) first in order to guarantee the implementation of energy conservation laws, regulations, regulating energy saving supervision, in accordance with the People's Republic of China energy conservation law, Jiangxi provincial implementation of People's Republic of China measures for the energy conservation law and other relevant laws, provisions of the regulations, combined with the city's actual, these measures are formulated.
    Article on implementing energy saving supervision within the administrative area of the city, these measures shall apply.
    Third municipal people's Government economic and trade authorities are to the municipal energy conservation Administrative Department, responsible for the city's energy saving supervision work, the establishment of energy-saving monitoring body responsible for monitoring work.
    County Economic and trade authorities, district people's Government is responsible for this area of energy saving supervision.
    The cities and counties, and other relevant administrative departments within the scope of their respective duties and make energy-saving supervisory and administrative work.
    Fourth article of any organizations and individuals in violation of energy conservation laws, rules and regulations has the right to report to the energy conservation Administrative Department.
    Energy conservation Administrative Department should telephone hotlines, set the report box, and the informer confidential.
    Fifth article energy-saving administrative competent sector perform following monitored duties: (a) publicity energy-saving legal, and regulations, and regulations, urged with can units implementation; (ii) supervision check with can units comply with energy-saving legal, and regulations, and regulations of situation; (three) accepted on violation energy-saving legal, and regulations, and regulations behavior of reported; (four) law processing violation energy-saving legal, and regulations, and regulations of behavior; (five) legal, and regulations, and regulations provides of other monitored duties.
    Sixth energy-saving administrative departments should strengthen the supervisory personnel training, management and supervision.
    Energy-saving supervisory personnel should be familiar with the laws, rules, regulations and energy saving business, examinations, obtain valid certificates before they can post. Seventh article energy-saving monitored personnel law implementation energy-saving monitored Shi, exercise following terms: (a) into with can units understand its implementation energy-saving legal, and regulations, and regulations of situation, asked about personnel, and can records, and recording; (ii) check out, and copy about information; (three) on with can units of work places for check, necessary Shi, can on about scene for video, and photo; (four) requirements was check units in provides of term within, on asked of about problem truly made written replies; (five) stop, and
    Corrective acts in violation of energy conservation laws, rules and regulations, (vi) other functions and powers provided for by the laws, rules and regulations.
    Eighth article energy-saving monitored personnel law perform duties Shi, shall not has following behavior: (a) accept was check units of any gift, and paid, and welfare treatment, in was check units claims costs; (ii) participate in was check units arrangements, and organization or paid costs of hosted, and entertainment, and tourism, and visits, activities; (three) using positions of will in was check units for himself, and relatives or others seek interests; (four) hamper was check units normal of production, and business activities; (five) leaked was check units of commercial secret.
    Nineth article on with can units of following violations, energy-saving administrative competent sector should law for investigation: (a) fixed assets investment project of design, and construction and built Hou not comply with reasonable with can standard and energy-saving design specification; (ii) on existing technology behind, and energy high, and serious waste energy of industrial project no take technology measures, reduced energy; (three) production energy high of products of units, over units products energy limit with can; (four) using national expressly eliminated of with can equipment;
    (E) energy-using units did not carry out education, organizes the concerned personnel to participate in energy-saving training or without the energy-saving training officers work on energy-consuming equipment operating position, (vi) other acts in violation of energy conservation laws, rules and regulations.
    Article tenth national unity deployment of special inspection and reporting spot check, annual inspections, energy conservation Administrative Department daily check to the same units no more than once a year.
    Laws, rules, and regulations require an annual inspection, the energy conservation Administrative Department shall check the timing, scope, contents, and request 3rd shall inform in advance the inspected units.
    11th energy conservation Administrative Department no laws, regulations and rules based on or beyond the terms of reference checks, inspected units have the right to refuse.
    12th when implementing energy monitoring, energy conservation Administrative Department should have more energy saving supervision personnel, legal and effective law enforcement documents show, and informed the energy-using units monitor the content, requirements and methods.
    Article 13th energy conservation Administrative Department when implementing energy saving supervision according to law, the relevant units and individuals shall cooperate with and provide information on the situation, shall not conceal the truth, must not provide false evidence or conceal, destroy or tamper with evidence, and shall not be refused and obstructed inspections, or retaliate against informers.
    Article 14th energy saving inspectors to clear facts, evidence, simple illegal, would be able to make a decision of administrative penalty according to law, shall fill in the written decision of administrative penalty in accordance with regulations, and served on the party.
    Energy-saving supervisory personnel the decision on administrative penalty made on the spot, shall, within 24 hours of their energy conservation Administrative Department for record.
    15th article except this approach 14th article provides can spot made administrative punishment of outside, energy-saving administrative competent sector on accepted of reported or in implementation energy-saving monitored in the found of violation energy-saving legal, and regulations, and regulations of behavior, by preliminary review, think meet following conditions of, should in 7th within filed: (a) has clear of violation energy-saving legal, and regulations, and regulations of behavior people; (ii) has violation energy-saving legal, and regulations, and regulations of facts; (three) belongs to this sector jurisdiction.
    Article 16th on the cases that have been filed, energy conservation Administrative Department shall organize investigation and evidence collection. Service the need for on-site inspection, it shall notify the parties.
    The parties don't appear, do not affect the conduct of on-site inspections.
    Article 17th investigation ended, energy conservation Administrative Department shall, within the 7th law or no administrative penalty decisions. Energy conservation Administrative Department before making the decision on administrative penalty, it shall inform the party making the facts, reasons and basis for administrative penalty decision, and shall inform the Parties shall have the right to.
    Comply with the conditions for holding a hearing, request a hearing of the parties, shall, before making a decision of administrative penalty shall organize the hearing.
    Article 18th energy conservation Administrative Department for violation of energy conservation laws, regulations and rules out punishment, it shall make a written decision of administrative penalty, and shall be served on the parties concerned.
    Article 19th energy conservation Administrative Department to investigate violations, should be closed since the date of filing the 30th party to request a hearing in accordance with law or complex, approved by the energy conservation administrative department head may be appropriately extended, but the extension of time limits up to 30th.
    Article 20th twice violating energy conservation laws, rules and regulations of using units, energy saving supervision administrative departments in their misdeeds can be announced to the public.
    Article 21st of the punishment for violation of energy conservation laws, rules and regulations, in accordance with the regulations of the laws, regulations and rules.
    22nd disobey 13th article, refuses to provide relevant information and materials, the energy conservation Administrative Department shall order correction within; it fails, and fined 1000 Yuan fine.
    Article 23rd refuse or hinder energy-saving supervisory personnel perform official duties according to law, in violation of the People's Republic of China on public security administration punishments Ordinance, the public security organs in accordance with the punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    24th saving inspectors in dereliction of duty, abuse of power, favoritism, given sanction by their work units or by the competent organs constitutes a crime, criminal responsibility shall be investigated according to law. 25th article this way come into force on January 1, 2004.
                                                                                                                          Nanchang city, October 18, 1989 city people's Government issued the provisional regulations on monitoring and management of energy use (Hong Zheng [1989]89) repealed simultaneously.