Order of the President of the People’s Republic of China

No. 4

The Law of the People’s Republic of China on Promoting the Development of a Recycling Economy, adopted at the 4th Meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on August 29, 2008, is hereby promulgated and shall go into effect as of January 1, 2009.

Hu Jintao

President of the People’s Republic of China

August 29, 2008

Law of the People’s Republic of China on Promoting the Development of

a Recycling Economy

(adopted at the 4th Meeting of the Standing Committee of

 the Eleventh National People’s Congress on August 29, 2008)

Contents

Chapter　I　　 General Provisions

Chapter　II　     Basic Management system

Chapter　III        Reduction

Chapter　IV        Reuse and Converting of Waste into Resources

Chapter　V         Incentive Measures

Chapter　VI        Legal Liability

Chapter　VII       Supplementary Provisions

Chapter　I

General Provisions

Article　1　This Law is enacted for the purpose of promoting the development of a recycling economy, increasing the efficiency in the use of resources, protecting and improving the environment, and attaining sustainable development.

Article　2　For the purposes of this Law, the recycling economy is a general term for the activities of reduction, reuse and conversion of waste into resources, which are conducted in the processes of production, circulation, consumption, etc.

For the purposes of this Law, reduction means reducing the amount of the resources consumed and of the waste produced in the processes of production, circulation, consumption, etc.

For the purposes of this Law, reuse means direct use waste as products, or its continued use as such after repair, renovation or reproduction, or its full or partial use as components or parts of other products.

For the purposes of this Law, converting waste into resources means the direct use of waste as raw materials or its use after recycling.

Article　3　Development of a recycling economy is a major strategy of the State for economic and social development, and the principles of overall planning, rational geographical distribution, suiting measures to local conditions, laying stress on actual results, promotion by the government, guidance by market forces, implementation by enterprises and participation by the public shall be adhered to in the endeavor.

Article　4　The recycling economy shall be developed on the premise that it is technically feasible, economically rational, and good for conserving resources and protecting the environment, and under the principle of giving priority to reduction.

In the process of reusing waste and converting waste into resources, attention shall be paid to guaranteeing production safety, while ensuring that product quality meets the standards specified by the State, and preventing repeated pollution.

Article　5　The comprehensive administration department for development of the recycling economy under the State Council shall be in charge of coordinating and regulating the work for development of the recycling economy nationwide; the department in charge of environment protection and the other relevant competent departments under the State Council shall, in compliance with their own respective duties, be in charge of regulating the work related to the recycling economy.

The comprehensive administration departments for development of the recycling economy under the local people’s governments at or above the county level shall be in charge of coordinating and regulating the work for development of the recycling economy in their respective administrative areas; the departments of environment protection and other relevant competent departments of the local people’s governments at or above the county level shall, in compliance with their respective duties, be in charge of regulating the work related to the recycling economy.

Article　6　When formulating industrial policies, the State shall see that they meet requirements for development of the recycling economy.

When people’s governments at or above the county level draw up their plans for national economic and social development and annual plans and when the relevant departments of the said people’s governments draw up their plans for environment protection, for science and technology, etc., they shall include development of the recycling economy in the plans.

Article　7　The State encourages and supports the research, development and the popularization of science and technology related to the recycling economy, and encourages publicity and education of the recycling economy, universal dissemination of scientific knowledge about it and international cooperation in this field.

Article　8　People’s governments at or above the county level shall establish a system of responsibility for achieving the goals set for developing the recycling economy, and promote the development of such economy by making plans, adopting financial measures and making investment and through government procurement and other means.

Article　9　Enterprises and public institutions shall establish a sound management system, adopt measures to reduce consumption of resources, to reduce the amount of waste produced and discharged, and to improve the reuse of waste and raise the level at which waste is converted into resources.

Article　10　Citizens shall enhance their awareness of the importance of resource conservation and environment protection, use resources rationally and economically.

The State encourages citizens to use products and recycled products that serve to save energy, water and materials or facilitate environment protection, and gives them guidance in this respect, in order to reduce the amount of waste produced and discharged.

Citizens shall have the right to report against waste of resources and damaging of the environment, to have access to government information about the development of the recycling economy and to put forward their opinions and suggestions.

Article　11　The State encourages and supports industrial associations to play their role by providing technical guidance and services in the development of the recycling economy. People’s governments at or above the county level may entrust qualified industrial associations and other public organizations to provide public services for promoting the development of the recycling economy.

The State encourages and supports intermediaries, academic societies and other public organizations to carry out dissemination and spread the use of technologies and provide consultancy services in respect of the recycling economy in order to promote the development of such economy.

Chapter　II

Basic Management system