Chapter I General Provisions

Article 1This Law is enacted to safeguard the research, development and peaceful use of atomic energy, advance scientific and technological progress and industrial upgrading, promote high-quality economic and social development, safeguard national security and enhance the well-being of the people.

Article 2This Law applies to activities of research, development and utilization of atomic energy within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.

For the purposes of this Law, "atomic energy", also referred to as nuclear energy, means the energy released by nuclear reactions such as fission, fusion and decay.

Article 3In conducting activities of research, development and utilization of atomic energy, it is necessary to uphold the leadership of the Communist Party of China, implement the holistic approach to national security, adhere to a rational, coordinated and balanced nuclear safety concept, uphold bottom-line thinking and systematic thinking, balance development and security, protect the ecological environment, and safeguard personal health and the safety of life and property.

Article 4The development of atomic energy science and technology and industry shall adhere to the innovation-driven development strategy and the strategies of green development and sustainable development.

　　The State strengthens overall planning for the development of the atomic energy industry and rationally arranges the overall layout of the atomic energy industry.

Article 5The nuclear industry department, energy department and nuclear safety supervision and management department of the State Council shall, in accordance with the division of duties, be responsible for the management and supervision of activities of research, development and utilization of atomic energy.

　　Other relevant departments of the State Council shall, within the scope of their respective duties, be responsible for the management and supervision of relevant activities of research, development and utilization of atomic energy.

　　Local people's governments at or above the county level and their relevant departments shall support activities of research, development and utilization of atomic energy within their respective administrative areas, and perform the corresponding management and supervision duties in accordance with the provisions of laws and administrative regulations.

Article 6Relevant departments of the State Council and relevant local people's governments shall, in accordance with State provisions, provide policy support for activities of research, development and utilization of atomic energy in such areas as science and technology awards, industrial development, finance, and taxes and fees.

Article 7Relevant administrative organs, enterprises and public institutions shall, in accordance with the law, properly carry out information disclosure in such areas as safety supervision and management and environmental impact assessment in activities of research, development and utilization of atomic energy.

　　For major matters affecting public interests in activities of research, development and utilization of atomic energy, relevant administrative organs, enterprises and public institutions shall strengthen communication with the public, solicit the opinions of stakeholders, and provide feedback in an appropriate form.

　　Where the information disclosure and public participation provided for in the preceding two paragraphs involve State secrets, trade secrets or personal information, the relevant State provisions shall apply.

Article 8The State strengthens publicity and education on atomic energy scientific knowledge and legal knowledge, and encourages local people's governments with the necessary conditions, nuclear facility operating entities and other relevant units to build and use science popularization venues and facilities to carry out activities for popularizing atomic energy scientific knowledge.

Article 9The State supports the peaceful use of atomic energy, encourages international exchanges and cooperation in the peaceful use of atomic energy, and promotes the sharing of the achievements of the peaceful use of atomic energy.

　　The People's Republic of China fulfills the obligations stipulated in the international treaties it has concluded or acceded to, opposes and prohibits all forms of nuclear proliferation activities, prevents and responds to the threat of nuclear terrorism, and promotes the building of a fair, cooperative and win-win international nuclear safety system.

Article 10The State strengthens the development of the standards system in the field of atomic energy, and promotes and participates in international standardization activities in the field of atomic energy.

Article 11Units and individuals that make outstanding contributions in activities of research, development and utilization of atomic energy shall be commended and rewarded in accordance with relevant State provisions.

Chapter II Scientific Research and Technological Development

Article 12 The State strengthens scientific research and technological development in atomic energy, reinforces basic research, explores frontier technologies, promotes interdisciplinary integration, encourages independent research and development, strengthens intellectual property protection, reinforces the building of national strategic scientific and technological strength, and promotes the building of a team of high-quality professionals in the field of atomic energy.

　　Professionals in the field of atomic energy shall put moral integrity first and take integrity as the foundation, carry forward the spirit of scientists, comply with academic and ethical norms, and strictly observe professional ethics.

Article 13 The State establishes relevant scientific and technological innovation bases and platforms in the field of atomic energy, strengthens the building of support capacity for atomic energy scientific research facilities and conditions, promotes the opening and sharing of scientific research facilities and resources, and promotes the transformation of scientific and technological achievements.

Article 14 The State encourages and supports scientific research and technological development of controlled thermonuclear fusion.

Article 15 The State formulates and implements special plans for scientific research and technological development in atomic energy, promotes the research and development of advanced technologies in such fields as the nuclear fuel cycle, nuclear reactors and nuclear technology application, and enhances the level of atomic energy science and technology.

　　The special plans for scientific research and technological development in atomic energy shall coordinate research projects in basic theory, frontier fields and market application, take into account the relevant development needs of the atomic energy industry, and improve the safety, economy and sustainability of the atomic energy industry.

Article 16 The State publicly solicits suggestions on the needs for scientific research and technological development in atomic energy, issues project application guidelines, and encourages research institutes, institutions of higher education, enterprises and other units to carry out scientific research and technological development in atomic energy.

　　The State gives play to the guiding role of fiscal fund investment, encourages and drives units undertaking or participating in scientific research and technological development in atomic energy to increase funding input, optimize the funding input structure and improve the efficiency of funding input.

　　The State supports enterprises in organizing the development of atomic energy scientific research projects, gives play to the principal role of enterprises in technological innovation, and supports the demonstration and application of advanced technologies independently developed by enterprises.

Article 17 The State strengthens the linkage of science and technology plans and programs in the field of atomic energy, improves the exchange mechanism for scientific and technological resources and technology development needs, and gives play to the role of the market in allocating resources.

Article 18 The State promotes the establishment and improvement of an equipment research, development and production system suited to the development of atomic energy, and encourages and supports enterprises in developing capabilities for independent research and development, design and manufacturing.

Chapter III Nuclear Fuel Cycle

Article 19 The State establishes a complete nuclear fuel cycle system, implements recycling of spent fuel, and properly treats and disposes of radioactive waste.

　　The nuclear fuel cycle system includes such links as uranium (thorium) ore exploration, mining and smelting, purification and conversion, isotope separation, fuel element manufacturing, and spent fuel reprocessing.

Article 20 The nuclear industry department of the State Council is responsible for organizing the formulation of special medium- and long-term development plans for the nuclear fuel cycle, and for coordinating the production capacity and layout of nuclear fuel.

Article 21 Nuclear fuel cycle facility construction projects shall be examined and approved or approved by the nuclear industry department of the State Council in accordance with the law, and major projects shall be submitted to the State Council for examination and approval or approval. Application conditions, approval procedures and time limits shall be implemented in accordance with State provisions.

Article 22 The State strengthens uranium (thorium) ore exploration in accordance with the law, rationally determines the order of exploration and development of uranium (thorium) ore and associated and paragenetic mineral resources, and implements protective development.

Article 23 Only units approved by the State may engage in nuclear fuel production and business activities.

Article 24 The State establishes and improves management systems for the storage, transport and reprocessing of spent fuel, coordinates the planning of spent fuel treatment and disposal capacity and layout, and ensures the safe, efficient and environmentally friendly treatment of spent fuel.

　　The State establishes a fund for the treatment and disposal of spent fuel from nuclear power plants, and its collection and use shall be implemented in accordance with State provisions.

Article 25 Units engaged in activities of research, development and utilization of atomic energy shall minimize the generation of radioactive waste and, in strict accordance with the requirements of relevant laws, administrative regulations and standards, implement classified management and safe treatment and disposal of radioactive waste.

　　The construction of radioactive waste disposal sites shall be suited to the requirements of atomic energy development.

Article 26 On the premise of ensuring national security, the State permits enterprises related to the nuclear fuel cycle industry to effectively use the capital market, and gradually forms a diversified investment mechanism for the nuclear fuel cycle industry.

Chapter IV Utilization

Section 1 Application of Nuclear Reactors

Article 27 The State actively, safely and orderly develops nuclear power, and regulates and promotes the comprehensive utilization of nuclear reactors.

The State encourages and supports the application of advanced nuclear reactors.

Article 28 The energy department of the State Council is responsible for nuclear power management and organizes the formulation of the national nuclear power development plan. The nuclear power development plan shall be submitted to the State Council for approval in accordance with the prescribed procedures. Nuclear power plant construction projects shall be approved by the State Council.

Article 29 The State supports the application of nuclear reactors in such areas as power, heating, seawater desalination, hydrogen production, isotope production and scientific research.

Article 30 The site selection, design, construction, commissioning, operation and management of nuclear reactors shall comply with the provisions of relevant laws and administrative regulations.

Article 31 Nuclear facility operating entities shall, in accordance with State provisions, set aside in advance funds for the decommissioning of nuclear facilities and for the disposal of radioactive waste, and include them in the investment budget and production costs, to be used exclusively for the decommissioning of nuclear facilities and the disposal of radioactive waste.

　　The decommissioning costs of nuclear facilities undertaking non-profit tasks shall be borne by the central and local finance in accordance with the principle of dividing fiscal powers and expenditure responsibilities.

Section 2 Application of Nuclear Technology

Article 32 The State supports the application of radioactive isotopes, radiation devices, etc. in such fields as industry, agriculture, biology, medical and health care, and ecological environmental protection.

Article 33 The competent departments of the State Council for nuclear industry, ecological environment, public security, health, disease prevention and control, etc. shall, in accordance with the division of duties, strengthen the management and supervision of nuclear technology application activities.

Article 34 The nuclear industry department of the State Council shall, together with relevant departments, formulate guiding opinions on the development of the nuclear technology application industry.

　　Local people's governments at or above the county level and their relevant departments shall take measures to encourage the research and development of advanced technologies, intellectual property protection, and demonstration and application of achievement transformation in the field of nuclear technology application, and guide production and business units in nuclear technology application to participate in market competition in an orderly and fair manner.

Article 35 The State implements classified management of radioactive sources and radiation devices, and the specific classification measures shall be formulated by relevant departments of the State Council.

Article 36 Units engaged in production and business activities of nuclear technology application shall obtain the corresponding qualifications in accordance with the law, and strictly implement the management provisions for radioactive isotopes and radiation devices in all links of production, transport, sale, use, storage and disposal.

Article 37 The State establishes a system for the recovery of disused radioactive sources from nuclear technology application. Units using radioactive sources shall, in accordance with State provisions, return disused radioactive sources to the production units, return them to the original exporters, or deliver them to units with the corresponding qualifications for storage and disposal.

　　The sites where production and business units of nuclear technology application use radioactive sources and the sites where radioactive isotopes are produced, as well as radiation devices that generate radioactive contamination after termination of operation, shall be decommissioned in accordance with the law.

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