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水利产业政策 WATER CONSERVANCY INDUSTRIAL POLICY

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国发(1997)35号
(Approved by the State Council on October 28, 1997 and formulated by the State Planning Commission on September 4, 1997)
颁布日期:19971028  实施日期:19971028  颁布单位:国务院

  This Policy is formulated with a view to promoting the rational development and sustainable utilization of water resources, effectively preventing such disasters as floods and drought, and alleviating the constraints of water conservancy on the development of the national economy.

  Formulation of this Policy is based on the Water Law of the People's Republic of China, the Water and Soil Conservation Law of the People's Republic of China, Law of the People's Republic of China on the Prevention and Treatment of Water Pollution, Flood Prevention Law of the People's Republic of China as well as the Ninth Five-Year Plan for National Economic and Social Development and 2010 Program of Perspective Goals.

  This Policy shall be applicable to all regions within the territory of the People's Republic of China (excluding Taiwan, Hong Kong and Macau) and to all activities of development of water conservancy and prevention and treatment of water-related disasters such as integrated treatment of rivers and lakes, flood prevention and waterlogged land drainage, irrigation, water supply, protection of water resources, hydro-power generation, water and soil conservation, waterway dredging and construction of sea dykes.

  Chapter I General Provisions

  Article 1 The goals of this Policy are as follows: to clearly define the nature of projects, smooth out investment channels and expand sources of funding; rationally set the price, standardize collection of all fees and push ahead the industrialization of water conservancy; promote economy in water use, protect water resources and realize sustainable development. See to it that there is marked improvement in the capability of flood prevention and resistance against natural calamities and effective alleviation of the contradiction in water supply in China during the period of implementation of this Policy.

  Article 2 Water conservancy constitutes the infrastructure and basic industry of the national economy. People's governments at all levels shall place the strengthening of water conservancy construction in an important position, formulate clear goals, take strong measures and implement the leadership responsibility system. Competent departments of water administration at all levels shall, in conjunction with the departments and regions concerned, compile the integrated basin planning and integrated regional planning before 2000 which shall serve as the basis for the formulation of water conservancy construction planning and related special-purpose planning upon approval after submission in accordance with law and do a good job in conducting inspection and supervision on the implementation of the planning. Any act of construction in violation of the planning shall be strictly prohibited.

  Article 3 Overall planning of the national economy, urban planning and the distribution of major construction projects must take into consideration flood prevention and safety and conditions of water resources and must have special-purpose planning or authentication of such areas as flood prevention and waterlogged land drainage, water supply, protection of water resources, water and soil conservation, prevention and treatment of water pollution and economy in water use.

  Article 4 The priority in water conservancy construction during the period of implementation of this Policy shall be: flood prevention control harnessing projects of rivers and lakes, urban flood prevention, construction for the safety of flood storage and detention areas, maintenance and construction of sea dykes, renewal and transformation of existing water conservancy installations, especially elimination of dangers and consolidation of sick and dangerous reservoirs and embankments, drinking water for humans and animals in drought-stricken areas, trans-regional water diversion projects and projects of water sources in regions short of water resources, water supply, economy in water and protection of water resources, irrigation and drainage of farmland, water and soil conservation, integrated utilization of water resources, hydro-power generation and research and development projects of water conservancy technology.

  Article 5 The State steps up water resources management, carries out the policy of comprehensive planning, rational development, integrated utilization and ecological protection in water conservancy construction and adheres to the combination of elimination of the evil effects of disasters with water conservancy construction, the combination of treatment of the symptoms with treatment of the root causes, the combination of new construction with transformation and the combination of development of resources with economy in water consumption.

  Article 6 The State implements the policy of giving priority to the development of the water conservancy industry, encourages all walks of life of society and foreign investors to invest in the construction of water conservancy projects through multi-channels and in various forms. Under the criteria of adhering to social benefits, effective ways of water conservancy industrialization shall be actively explored to accelerate the process of water conservancy industrialization. Efforts shall be made to improve the economic performance of water conservancy works. Requirements of urban and rural inhabitants for water shall be met and overall planning for the requirements of industry and agriculture for water and shipping shall be worked out. Importance shall be attached to water environment protection and diversified management, gradually forming a benign operational mechanism of input and output of the water conservancy industry.

  Chapter II Project Classification and Fund-Raising

  Article 7 Water conservancy projects are classified into two categories according to their functions and roles: non-profit-intensive projects with social benefits as the main purpose such as flood prevention and waterlogged land drainage, key farmland irrigation and drainage works, urban flood prevention, water and soil conservation and water resources protection belong to category A; projects with economic benefits as the main purpose and certain social benefits such as water supply, hydro-power generation, breeding in reservoirs, water-bound tourism and water conservancy integrated management belong to category B. Determination of a project of whether it is category A or category B shall be made clear by the project examination and approval unit in its official reply to the project proposal.

  Article 8 Construction funds of category A projects shall mainly be arranged in central and local budgetary funds, water conservancy construction funds and other budgetary funds available for water conservancy construction. Specific government agencies or non-profit social institutions shall be determined as the responsible main bodies of category A projects which shall be responsible for the whole process of project construction and bear the risks.

  Article 9 Construction funds of category B projects shall mainly be raised through non-budgetary fund channels. Category B projects must practise the project legal person responsibility system and capital fund system and the capital fund rate shall follow the relevant state provisions.

  Article 10 Water conservancy construction projects are classified into two categories of central projects and local projects according to their roles and the beneficiary range. Central projects mean projects having major impacts on the overall national economy such as cross-province (autonomous region, municipality directly under the Central Government) key harnessing works of major rivers and cross-province (autonomous region, municipality directly under the Central Government), cross-valley water diversion projects and projects of integrated utilization of water resources. Local projects mean those projects which bring benefits to local areas such as flood prevention and waterlogged land drainage, urban flood prevention, irrigation and drainage, waterway realignment, water supply, water and soil conservation, water resources protection and medium- and small-size hydro-power station construction.

  Article 11 Investment of central projects shall be jointly borne by the Central Government and the beneficiary provinces (autonomous regions, municipalities directly under the Central Government) according to the extent of benefit, scope of benefit and economic strength; treatment of major water and soil erosion regions shall mainly be the responsibility of local authorities and the Central Government shall give appropriate subsidy; all other categories of water conservancy works of which local authorities and departments are the beneficiaries shall be built with joint investment by the beneficiary localities and departments according to the extent of benefit in accordance with the principle of "he who benefits from it shall share the burden"; the Central Government shall give appropriate subsidy to important water conservancy construction projects in minority nationality regions and poor areas through various channels.

  Article 12 Investment required for category A projects of flood prevention and waterlogged land drainage and urban flood prevention in local projects shall be arranged from within such local funds as local budgetary funds, integrated agricultural development funds, funds of industry assisting agriculture and special-purpose water conservancy funds and discount-interest loans, and in the meantime importance shall be attached to the utilization of funds of agricultural production management organizations and agricultural labourers and input of their services.

  Article 13 People's governments at all levels shall gradually increase input into water conservancy construction in accordance with the growth of finance at the corresponding levels and study and formulate preferential policies of promoting water conservancy industrialization. There shall be an appropriate increase for water conservancy construction in policy loans from the State Development Bank and the Agricultural Development Bank and loans from foreign governments and international financial institutions held by the State for use.

  Article 14 For the purpose of expanding the sources of water conservancy construction funds, central and local water conservancy construction funds shall be established and measures for fund utilization management shall be perfected pursuant to the relevant provisions of the Circular of the State Council Concerning the Transmission of Interim Measures for Water Conservancy Construction Fund Raising and Utilization Administration (Guo Fa [1997] No. 7).

  Article 15 People's governments at the prefectural (municipal) level of the localities of flood prevention and waterlogged land drainage and harnessing works of important rivers where flood disasters frequently occur may raise funds per project. The fund-raising proposal shall be subject to the examination and approval of people's governments at the provincial level and submitted to the competent departments of planning and finance under the State Council for the record. Relevant laws and relevant provisions of the State Council shall be strictly adhered to in raising funds from peasants. Vouchers Used for fund-raising shall be uniformly printed by the competent departments of finance at or above the provincial level. Departments of audit and supervision shall exercise strict supervision over fund utilization.

  Article 16 The pace of renewal and transformation of water conservancy works shall be accelerated. People's governments at all levels shall integrate renewal and transformation of water conservancy works into plans and arrange corresponding funds; water conservancy works depreciation fee shall only be used for renewal and transformation of water conservancy works and shall not be used for other purposes.

  Chapter III Price, Fee Collection and Administration

  Article 17 The State practises the system of utilization with payment of water resources, levies and collects water resources fee in accordance with law from units drawing water directly from underground or rivers and lakes. Measures for the levying and collection of water resources fee and its utilization administration shall be formulated by the State Council. Pending its official promulgation by the State Council, relevant provisions of provinces (autonomous regions and municipalities directly under the Central Government) shall be observed provisionally. The water resources fee collected shall be included in budget management as a special-purpose fund for special use.

  Article 18 The State practises the licence system for drawing water. The competent department of water administration under the State Council shall be responsible for the organization for implementation and supervision and management of the license system for drawing water nationwide. Specifically the provisions of the Measures for the Implementation of the Licence System for Drawing Water (Decree No. 119 of the State Council) promulgated by the State Council shall be observed.

  Article 19 Collection of administrative fees prescribed by relevant provisions of laws, administrative regulations and relevant state policies such as waterway works construction and maintenance management fee, water and soil erosion prevention and treatment fee, waterway sand collection management fee, compensation fee for occupying water sources for agricultural irrigation and irrigation and draining works shall be effected in full amount by the competent departments of water administration at all levels within two years; measures for fee collection of water conservancy works under the direct management of valley authorities shall be formulated by the departments of finance and planning under the State Council in conjunction with the competent department of water administration. The above-mentioned fees collected must be used for the maintenance, construction and operational management of water conservancy works.

  Article 20 The price of water supply, hydro-electricity and other water conservancy products and services shall be determined rationally to promote water conservancy industrialization. The price of water supply of newly-constructed water conservancy works shall be determined in accordance with the principle of meeting the operating cost and expenses, tax payment, loan reimbursement and gaining reasonable profit. The price of water supply of previously-built water conservancy works shall, in accordance with the principle of the state water pricing policy, cost compensation and reasonable profit and in the light of different uses, be gradually adjusted to be in place within three years, and timely readjustments made thereafter in the light of change in water supply cost. The competent departments of price control of people's governments at or above the county level shall, in conjunction with the competent department of water administration, determine and adjust water rate.

  Article 21 The competent departments of water administration at or above the provincial level shall, in conjunction with the departments concerned, carry out category A or category B classification with respect to existing water conservancy construction projects. Specific measures for classification shall be formulated separately. The maintenance and operations management fee of category A projects shall be paid from financial budget at various levels and the maintenance and operations management fee of category B projects shall be paid from enterprise business revenues.

  Article 22 Upon water rate raise and collection in full amount of water conservancy administrative charges relating to category B projects, the managing units of category B water conservancy construction projects shall be transformed into enterprises.

  Article 23 The department of water administration under the State Council takes charge of supervision and management of value preservation and value increment of state-owned water conservancy assets. A state-owned assets management, supervision and operations system with clearly defined powers and responsibilities shall be established in accordance with the principle of uniform state ownership, government supervision and management at different levels and autonomous operations by enterprises. Measures for the management of value preservation and value increment of water conservancy assets of collective ownership shall be formulated separately in accordance with relevant state provisions.

  Article 24 The State encourages treatment of collectively-owned barren mountains, barren valleys, barren hills, barren shoals and other areas of water and soil erosion in such diverse forms as leasing, auction, cooperative shares system and contracting and the 50-year duration for use shall in principle be deemed as appropriate. The areas managed or treated in the form of contracting, leasing or cooperative shares system may be inherited or transferred in accordance with law within the prescribed duration for use; whoever purchases the right to use has the right of inheritance, transfer, mortgage and joint operations through equity participation. Construction and management of small-size water conservancy works in various forms shall be encouraged.

  Chapter IV Water Conservation, Water Resources Protection and Water Conservancy Technology

  Article 25 Planned water use shall be stepped up, economy in water use shall be strictly practised and water resources shall be allocated rationally. All trades of national economy and all regions must implement various rules For the management of water use prescribed by the State, make great efforts to popularize water-saving technology and economize in various types of water use.

  Article 26 Water-saving irrigation in agriculture shall be pushed in a big way. Dry agricultural cropping technology and such water-saving technologies as lining and brick laying of canals, pipeline water transmission, spray irrigation, drip irrigation and seepage irrigation shall be researched and extended and such mode of irrigation of waste of water resources as flooding irrigation shall be changed as soon as possible. Project examination and approval units at all levels shall give priority to project listing and increase input in water-saving projects in agriculture. The State Development Bank and the Agricultural Development Bank shall give priority to arrange loans for water-saving projects which meet the terms for loans and have the ability to pay back the loans. People's governments at all levels shall, in the light of circumstances, arrange discount interest from finance for loans for water-saving projects in agriculture.

  Article 27 Provisions relating to economy in water use and quota management of water consumption shall be strictly observed. Water user units shall adopt such water-saving measures as water recycling and multiple uses of water and make big efforts to develop and extend water-saving technology. Regions short of water resources shall strictly restrict the development of industries of heavy water consumption. Proposal for the new construction of projects of heavy water consumption must include special-purpose authentication on water use, or else the project must not be listed or constructed. Whoever consumes water exceeding the fixed quota shall pay the bill at a higher rate. Specific measures shall be formulated by the people's governments of provinces (autonomous regions and municipalities directly under the Central Government).

  Article 28 Water resources protection shall be stepped up. The departments of water administration at or above the provincial level shall, in conjunction with the departments concerned, compile special river basin water resources protection planning and submit them for approval in accordance with law. Local people's governments at or above the county level shall, pursuant to the river basin water resources protection planning approved in accordance with law, organize the formulation of the water resources protection planning of their respective administrative areas, integrate it into the medium- and long-term plan and annual plan for national economic and social development of the government at the corresponding level and conscientiously carry out organizational work for their implementation.

  Article 29 The competent departments of water administration and other departments concerned shall in the development, utilization and control of water resources, make overall plans and take all factors into consideration, maintain rational flow of rivers and rational water levels of lakes, reservoirs and underground water bodies. People's governments at the provincial level shall delimit in accordance with law surface and underground water sources for livelihood and drinking water, water bodies in scenic spots and historical sites, important water bodies for fishery and other water bodies of special economic and cultural value as protected areas and take strict measures to guarantee that the water quality of the protected areas conforms to the standards for use for prescribed uses.

  Article 30 People's governments at all levels shall, pursuant to the provisions of the Law of the People's Republic of China on the Prevention and Treatment of Water Pollution, step up the prevention and treatment of water pollution. Enterprises causing water pollution shall undergo consolidation and technical transformation, and take integrated measures of prevention and treatment, utilize water resources rationally and reduce the discharge of wastewater and pollutants.

  Article 31 Economic compensation mechanism for the protection of water resources and restoration of the ecological environment shall be established. Any activity relating to livelihood and production and construction projects must take precaution against water and soil erosion and water pollution. Any unit causing water and soil erosion and water pollution shall be responsible for the treatment and bear all expenses for the treatment. Installation or reconstruction and expansion of pollutant discharge outlets within the limits of canals, ditches and reservoirs shall be subject to the approval of the competent departments of water administration.

  Article 32 The State encourages the research and development, introduction and digestion and popularization and extension of water conservancy technologies and water pollution prevention and treatment technologies, with focuses on technologies of flood prevention, drought fighting and disaster reduction, the technology of river course realignment, the technology of silt clearing, key technologies of large-size water conservancy works, water-saving technology, the technology of biological treatment of water pollution, the technology of integrated utilization and treatment of high-density organic waste water, the technology of scientific discharge of polluted water, the technology of turning polluted water into resources, and new materials, new structures and new techniques for water conservancy construction. The levels of modernization in water conservancy survey and design, project management and technical installations and equipment shall be constantly improved and the water conservancy information network shall be gradually established.

  Chapter V Implementation

  Article 33 The State Planning Commission shall be responsible for the interpretation of this Policy. The competent department of water administration under the State Council shall, in conjunction with the departments concerned, formulate the rules for implementation and organize its implementation. The rules of implementation shall be submitted to the State Planning Commission for the record. The State Planning Commission shall be responsible for the coordination of the problems encountered in implementation.

  Article 34 The planning departments at the provincial level shall, in conjunction with the departments of water administration at the provincial level, work out specific schemes for implementation which shall be carried out upon approval of people's governments at the provincial level and submitted to the State Planning Commission for the record.

  Article 35 This Policy shall enter into force as of the date of promulgation and terminate by 2010.

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