Data-center law in China
National jurisdiction · as of 2026-09-07
China conditions a new energy-intensive project, a data center included, on the fixed-asset investment project energy conservation review under the Energy Conservation Law, which blocks construction and operation of a project that fails the mandatory energy-efficiency standard.
Once operating, a facility drawing 10,000 tonnes of standard coal a year or more (5,000 to 10,000 tonnes where an administration department so designates) becomes a key energy-using unit under the same Law, layering annual energy reporting, inspection, and a mandatory energy manager on top of the construction-stage review.
The Energy Law of the People's Republic of China, in force since 1 January 2025, separately requires an electricity, gas, or heat supplier to keep energy users in its service area connected to a safe, continuous, reliable supply, framing grid access for a large power draw such as a data center.
Region- and project-specific power usage effectiveness ceilings for data centers are administered by the National Development and Reform Commission and local governments through this review system rather than fixed in a separately promulgated statute, and the Electric Power Law's self-generation and interconnection rules, the Environmental Impact Assessment Law's assessment classes, and the Foreign Investment Law's internet-data-centre licensing restriction are not described here.
01
Instruments on record
3 instruments on record, grouped by the family of approval each one governs.
Environmental review
What impact review must precede approval, and who leads it?
Energy Conservation Law, Article 15 (fixed-asset investment project energy conservation review)
In force
Energy Conservation Law of the PRC, art. 15 (2018 amended text)
Effective 2008-04-01 · Applies to both
Article 15 requires every fixed-asset investment project, a data center included, to pass an energy conservation assessment and review before construction. A project that fails the mandatory energy-efficiency standard may not break ground, and a completed but noncompliant project may not enter production or use. A government-invested project failing the standard is barred from construction approval by the reviewing authority.
Article 68 backs the review with an order to halt construction or production, a deadline to retrofit, and closure by the local government where retrofitting fails or lapses.
Source: Full text of law
Energy and grid
What authorizations govern grid connection and onsite generation?
Energy Conservation Law, Articles 52 to 55 (key energy-using unit duties)
In force
Energy Conservation Law of the PRC, arts. 52-55 (2018 amended text)
Effective 2008-04-01 · Applies to both
Article 52 designates as a key energy-using unit any facility, a data center included, with annual comprehensive energy consumption of 10,000 tonnes of standard coal or more, or 5,000 to 10,000 tonnes where the energy administration department or a provincial government so designates. Article 53 obliges a key energy-using unit to file an annual energy utilization report covering its energy consumption, efficiency, and energy-saving measures.
Article 54 lets the administration department inspect a unit whose reported energy management is deficient, test its equipment's energy efficiency, and order a written, time-limited correction. Article 55 requires a key energy-using unit to establish an energy management post and appoint a credentialed energy manager, filed with the administration department. Article 82 fines a unit up to 50,000 yuan for a missing or falsified report.
Article 83 fines a unit 100,000 to 300,000 yuan for refusing an ordered correction. Article 84 fines a unit up to 30,000 yuan for failing to appoint the energy manager.
Source: Full text of law
Energy Law, Article 36 (energy supply reliability guarantee)
In force
Energy Law of the PRC, arts. 36, 70
Effective 2025-01-01 · Applies to both
Article 36 requires an enterprise supplying electricity, gas, or heat to keep every energy user in its service area connected to a safe, continuous, reliable supply. The supplier may not refuse or interrupt the supply without a statutory or contractual ground, and may not unilaterally raise the price, levy an unlawful charge, cut the quantity supplied, or cap the amount a user may buy.
Article 70 backs the guarantee with a correction order and an administrative penalty from the energy regulator, and disciplinary action against the responsible manager or staff member in a serious case.
Source: Full text of law
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