Law and Rules
Urban and Rural Planning Law of the People
Release time:2019-07-01 Browse:
 

Contents

 

Chapter I General Provisions

 

Chapter II Establishment of Urban and Rural Planning

 

Chapter III Implementation of Urban and Rural Planning

 

Chapter IV Modification of Urban and Rural Planning

 

Chapter V Supervision and Inspection

 

Chapter VI Legal Liability

 

Chapter VII Supplementary Provisions

 

Chapter I General Provisions

 

Article 1 This Law is formulated for the purpose of strengthening urban and rural planning administration, harmonizing urban and rural spatial layout, improving people’s living environment and promoting the integrated, harmonious and sustainable development of urban and rural society and economy.

 

Article 2 Making and implementing urban and rural planning as well as conducting construction activities in planning areas shall be governed by this Law.

 

The term “urban and rural planning” as mentioned in this Law includes urban system planning, city planning, town planning, township planning and village planning. City or town planning includes overall planning and detailed planning. Detailed planning includes regulatory detailed planning and site detailed planning.

 

The term “planning area” as mentioned in this Law refers to the built-up areas of cities, towns and villages as well as areas that must be under planning control for urban and rural construction and development. The specific scope of a planning area shall be defined by the related people’s government, in light of the urban and rural economic and social development level and the needs for the overall development of urban and rural areas, in organizing the establishment of the overall planning of a city or town, a township planning or a village planning.

 

Article 3 Cities and towns shall work out city planning and town planning in accordance with this Law. Construction activities within a city or town planning area shall be conducted in accordance with the planning requirements.

 

The local people’s government at or above the county level shall, in light of the local rural economic and social development level and in accordance with the principles of adjusting measures to local conditions and feasibility, determine regions required to establish township or village planning. The townships and villages inside the regions shall work out their respective planning in accordance with this Law. The township and village construction within the planning areas shall be in line with the planning requirements.

 

The local people’s government at or above the county level shall encourage and guide the townships and villages outside the regions to work out and implement township and village planning.

 

Article 4 Urban and rural planning shall be worked out and implemented by following the principles of planning the urban and rural areas as a whole, reasonable layout, saving the land, intensive growth and planning before constructing so as to improve ecological environment, enhance the conservation and comprehensive utilization of resources and energy, protect farmland and other natural resource as well as cultural heritages, maintain local features, ethnic features and traditions, prevent pollution and other public nuisance, and satisfy the needs of regional population development, national defense construction, disaster prevention and alleviation, public health and public safety.

 

Construction activities in the planning area shall be conducted by observing laws and regulations governing land management, natural resources and environmental protection, etc.

 

The local people’s government at or above the county level shall, in light of the local social and economic development level, reasonably determine the development scale, steps and construction standards of a city or town in the overall planning of the city or town.

 

Article 5 The establishment of the overall planning of a city or town, a township planning or a village planning shall be based on the national economic and social development planning as well as the overall planning on land use.

 

Article 6 The people’s governments at various levels shall bring the expenses necessary for the establishment and administration of urban and rural planning into the fiscal budget at the corresponding level.

 

Article 7 An urban and rural planning which has been approved according to law shall be a basis for urban and rural construction as well as planning administration, and may not be altered without going through the legal procedure.

 

Article 8 Organs organizing the establishment of urban and rural planning shall publicize legally approved urban and rural planning in a timely manner, except for contents which shall not be disclosed as required by laws or administrative regulations.

 

Article 9 All entities and individuals shall abide by urban and rural planning which have been legally approved and disclosed, be submit to the administration of such planning, and have the right to inquiry of the competent department of urban and rural planning about whether a construction activity affecting their interests is in compliance with the planning requirements.

 

Any entity or individual shall have the right to report or accuse of any act in violation of any urban and rural planning to the competent department of urban and rural planning or other related department. Such department shall promptly accept the report or accusation and organize manpower to investigate and handle it.

 

Article 10 The state encourages adopting advanced scientific technologies to make urban and rural planning more scientific and to improve the efficiency of the implementation, supervision and administration of urban and rural planning.

 

Article 11 The competent department of urban and rural planning under the State Council shall take charge of the urban and rural planning administration of the whole nation.

 

The local people’s governments at or above the county level shall take charge of the urban and rural planning administration work of their respective administrative region.

 

 

 

Chapter II Establishment of Urban and Rural Planning

 

Article 12 The competent department of urban and rural planning under the State Council shall, together with other relevant departments under the State Council, organize the establishment of the national urban system planning, which shall be used to guide the establishment of provincial urban system planning and overall planning of cities.

The national urban system planning shall be filed by the competent department of urban and rural planning under the State Council with the State Council for examination and approval.

 

Article 13 The people’s government of a province or autonomous region shall organize the establishment of its provincial urban system planning and file it with the State Council for examination and approval.

 

A provincial urban system planning shall include: spatial layout of cities and towns and scale control, layout of significant infrastructures and areas which shall be under strict control for the purpose of protecting ecological environment and resources.

Article 14 The people’s government of a city shall organize the establishment of the overall planning of the city.

 

The overall planning of a municipality directly under the Central Government shall be filed by the people’s government of the municipality with the State Council for examination and approval. The overall planning of a city where the provincial or autonomous region people’s government is located or which is specified by the State Council shall be filed with the State Council for examination and approval after it is examined and approved by the provincial or autonomous region people’s government. The overall planning of any other city shall be filed by the people’s government of the city with the provincial or autonomous region people’s government for examination and approval.

 

Article 15 The county people’s government shall organize the establishment of the overall planning of the town where the county people’s government is located, and shall file the planning with the people’s government at the next higher level for examination and approval. The overall planning of any other town shall be established by the people’s government of the town and filed with the people’s government at the next higher level for examination and approval.

 

Article 16 The provincial urban system planning established by the people’s government of a province or an autonomous region or the overall planning established by the people’s government of a municipality or county shall, before it is submitted to the people’s government at the next higher level for examination and approval, be deliberated by the standing committee of the people’s congress at the same level, and the deliberation opinions of the members of the standing committee shall be submitted to the people’s government at the same level for consideration.

 

The overall planning of a town established by the people’s government of the town shall, before it is submitted to the people’s government at the next higher level for examination and approval, be firstly deliberated by the people’s congress of the town, and the deliberation opinions of the deputies shall be submitted to the people’s government at the same level for consideration.

 

When filing a provincial urban system planning, a city overall planning or a town overall planning for examination and approval, the organ establishing the planning shall file the deliberation opinions of the members of the standing committee of the people’s congress at the same level or the deputies to the people’s congress of the town as well as the changes in the planning made in accordance with the opinions together.

 

Article 17 The overall planning of a city or town shall include: the overall arrangement for the development of the city or town, functional zones, land use layout, comprehensive traffic system, regions prohibited, restricted from or appropriate for construction and various kinds of special planning, etc.

 

The following contents shall be included in the overall planning of a city or town as mandatory contents: coverage of the planning area, scale of the land used for the construction of the planning area, land used for infrastructure and public service facilities, water head sites and water system, basic farmland, and land used for afforestation, environmental protection, protection of natural and historical cultural heritages, and disaster prevention and alleviation, etc.

 

The planning period of the overall planning of a city or town is usually 20 years. The overall planning of a city shall forecast the long-term development trend of the city and make corresponding arrangements.

 

Article 18 A township or village planning shall proceed from the actual situation of the rural district, respect the will of the villagers and embody local and rural features.

A township or village planning shall include: the coverage of the planning area, the layout of the land used and the construction requirements for dwelling houses, roads, water supply, drainage, power supply, garbage collection, livestock and poultry feeding plants, service facilities for the production and livelihood in rural areas, and public welfare establishments, and the specific arrangements on protecting farmland as well as other natural resources and historical cultural heritages and preventing and alleviating disasters, etc. A village planning shall also include the overall arrangement for the development of all villages within this administrative region.

 

Article 19 The competent department of urban and rural planning of a city people’s government shall, in accordance with the requirements of the overall planning of the city, organize the establishment of a regulatory detailed planning, and file the planning with the standing committee of the people’s congress at the same level and the people’s government at the next higher level for archival purpose upon the approval of the people’s government at the same level.

 

Article 20 A town people’s government shall, in accordance with the requirements of the overall planning of the town, organize the establishment of a regulatory detailed planning and file the planning with the people’s government at the next higher level for examination and approval. The regulatory detailed planning of the town where the county people’s government is located shall be established by the competent department of urban and rural planning under the county people’s government in accordance with the overall planning of the town, and be filed with the standing committee of the people’s congress at the same level and the people’s government at the next higher level for archival purpose upon the approval of the county people’s government.

 

Article 21 The competent department under the people’s government of a city or county or the people’s government of a town may organize the establishment of a site detailed planning for important land blocks. The site detained planning shall be in conformity with the regulatory detained planning.

 

Article 22 The people’s government of a township or town shall take charge of establishing the township or village planning, and shall file such planning with the people’s government at the next higher level for examination and approval. A village planning shall be consented to by the villagers’ meeting or the villagers’ representative meeting before it is filed for examination and approval.

 

Article 23 The overall planning or detailed planning of the capital shall take the layout of land used by central state organs as well as their spatial arrangements into full consideration.

 

 

Article 24 Organs organizing the establishment of urban and rural planning shall authorize entities with corresponding qualification grades to undertake the specific establishment work.

 

An entity may undertake urban and rural planning establishment work within the scope authorized by its qualification grade after satisfying the following requirements, passing the examination conducted by the competent department of urban and rural planning under the State Council or under the people’s government of the concerned province, autonomous region or municipality directly under the Central Government, and obtaining the qualification certificate of the corresponding grade:

 

1. having the corporate capacity;

 

2. having the prescribed number of planners who have been legally registered at the competent department of urban and rural planning under the State Council;

 

3. having the prescribed number of related technical personnel;

 

4. having corresponding technical equipment; and

 

5. having a sound technique management system, a sound quality management system and a sound financial management system.

 

The administrative measures for the practicing qualification of planners shall be formulated by the competent department of urban and rural planning under the State Council together with the personnel administrative department under the State Council.

 

The relevant state standards shall be observed when establishing urban and rural planning.

 

Article 25 When establishing urban and rural planning, the basic materials about prospecting, mapping, weather, seism, hydrology and environment as required by the state must be in hand.

 

The local competent departments under the local people’s government at or above the county level shall, in light of the needs for urban and rural planning, provide the relevant basic materials in a timely manner.

 

Article 26 Before filing an urban or rural planning for examination and approval, the organ establishing it shall announce the draft of the planning and collect opinions from experts and the general public by way of argumentation, hearing or other. The draft shall be announced for at least 30 days.

 

The organ establishing the planning shall fully consider the opinions of experts and the general public, and attach an explanation on the adoption of the relevant opinions and an explanation to the materials filed for examination and approval.

 

Article 27 Before approving a provincial urban system planning, a city overall planning or a town overall planning, the examining and approving organ shall organize experts and the related departments to conduct an examination.

 

 

 

 

Chapter III Implementation of Urban and Rural Planning

 

Article 28 The local people’s governments at various levels shall, in light of the local economic and social development level, and according to their abilities, respect the willingness of the general public and organize the implementation of urban and rural planning in a planned and step-by-step manner.

 

Article 29 As for the construction and development of urban areas, priority shall be given to the construction of infrastructure and public service facilities, the relation between the development of new zones and the reconstruction of old zones shall be properly handled, and overall consideration shall be given to the livelihood of persons migrating to urban areas to work, surrounding rural economic and social development and villagers’ production and livelihood needs.

 

The construction and development of towns shall be based on rural economic and social development as well as industrial restructuring, and priority shall be given to the construction of infrastructure of water supply, water drainage, power supply, gas supply, road, telecommunication, broadcasting and TV as well as public service facilities including schools, hospitals, cultural stations, kindergartens and welfare institutions so as to provide services for surrounding rural areas.

 

As for the construction and development of townships and villages, it is necessary to make adjusts according to local conditions, use land in an effective way, give play to villagers’ autonomous organizations and guide villagers to make reasonable constructions so as to improve the production and livelihood conditions in rural areas.

 

Article 30 As for the development and construction of newly developed zones in urban areas, it is necessary to reasonably determine the construction scale and time sequence, fully use the existing infrastructure and public service facilities, vigorously protect natural resources and ecological environment and materialize local characteristics.

 

Beyond the scope of land used for construction as determined in a city or town overall planning, no development zone or new urban developed zone may be established.

 

Article 31 As for the reconstruction of old urban areas, it is necessary to protect historical and cultural heritage and traditional style, reasonably determine the demolition and construction scale, and reconstruct the places where there are many dilapidated houses and the infrastructure is relatively backward.

 

The protection of famous historical and cultural cities as well as the preservation and use of protected structures shall be conducted in accordance with the related laws, administrative regulations and the provisions of the State Council.

 

Article 32 As for the construction and development of urban and rural areas, it is necessary to legally protect and reasonably use famous scenery resources, make overall arrangements on the construction of famous scenic sites as well as surrounding townships, towns and villages.

 

The planning, construction and management of famous scenic sites shall be proceeded in accordance with the related laws, administrative regulations and the provisions of the State Council.

 

Article 33 The development and utilization of urban underground space shall be conducted according to the economic and technical development level, the principles of overall arrangement, comprehensive development and reasonable utilization shall be followed, and the needs for disaster prevention and reduction, civil air defense and communication shall be taken into full consideration. It shall also be in line with the city planning, and the examining and approving formalities must be handled.

 

Article 34 The people’s government of a city, county or town shall, in accordance with the city/town overall planning, overall planning on land use, annual plan as well as the national economic and social development planning, work out a near-term construction planning and submit the planning to the overall planning examining and approving organ for archival purpose.

 

The near-term construction planning shall lay stress on the construction of important infrastructure, public service facilities and residential houses for mid and low income residents as well as the protection of ecological environment, specify the sequence, development direction and spatial layout. The period of a near-term construction planning shall be five years.

 

Article 35 As for the land used for railway, highway, port, airport, road, greenbelt, electricity transmission and distribution facilities, electricity transmission lines, communication facilities, broadcasting & TV facilities, pipeline facilities, water courses, reservoirs, water head sites, natural reserves, flood prevention passages, fire fighting accesses, nuclear power plants, garbage landfills and incineration sites, sewage disposal plants and public service facilities, as well as other land whose use is under the protection of law as specified in urban and rural planning, it is forbidden to change their purpose without approval.

 

Article 36 As for a construction project which is subject to the approval or verification of the related department as required by the state provisions, if the right to use state-owned land is appropriated, the construction entity shall, before filing the project with the related department for approval, apply to the competent department of urban and rural planning for issuing a written proposal of location.

 

Written proposal of location is not required for other construction projects.

 

Article 37 If the right to use state-owned land for a construction project within a city or town planning area is appropriated, upon the approval or verification of the related department, or putting-on-archive of the project, the construction entity shall apply to the competent department of urban and rural planning under the people’s government of the city or town for permitting the land use for construction, and the department shall issue a construction land use permit after checking and verifying the location and area of the land used for construction as well as the scope of areas where construction is permitted in accordance with the regulatory detailed planning.

 

The construction entity may only apply to the competent department of land under the local people’s government at or above the county level for land use after obtaining the land use permit. The competent department of land may appropriate land to it upon the approval of the people’s government at or above the county level.

 

Article 38 If the right to use state-owned land within a city or town planning area is assigned, the competent department of urban and rural planning under the people’s government of the city or county shall, before the assignment, raise such planning requirements as the location of the land to be assigned, nature of its use and development intensity as a component of the contract for assignment of the right to use start-owned land on the basis of regulatory detailed planning. As for any state-owned land, if the planning requirements are not specified yet, the right to use it may not be assigned.

 

If the right to use state-owned land for a construction project is obtained by assignment, the construction entity shall, after concluding the contract for assignment of the right to use start-owned land, obtain the land use permit from the competent department of urban and rural planning of the people’s government of the city or county upon the strength of the approval, or verification or archive-filing documents of the project as well as the contract for assignment of the right to use start-owned land.

 

The competent department of urban and rural planning of the people’s government of the city or county may not change the planning requirements which constitute a component of the contract for assignment of the right to use start-owned land in the land use permit without approval.

 

Article 39 If the planning requirements are not incorporated into a contract for assignment of the right to use start-owned land, this contract is invalid. Where a construction entity without the land use permit is approved to use land, the people’s government at or above the county level shall cancel the approval document, if any land has been occupied, such land shall be returned promptly, and if any damage has been caused to a party concerned, compensations shall be made according to law.

 

Article 40 To build any structure, fixture, road, pipeline or other engineering project within a city or town planning area, the construction entity or individual shall apply to the competent department of urban and rural planning under the people’s government of the city or county or the town people’s government specified by the people’s government of the province, autonomous region or municipality directly under the Central Government for a planning permit on construction project.

 

To apply for a planning permit on construction project, the relevant documentary evidence on land use, the engineering design plan of the project as well as other related documents shall be submitted. If the project requires a site detailed planning, such planning shall also be submitted. If the project satisfies the regulatory detailed planning and the planning requirements, the competent department of urban and rural planning under the people’s government of the city or county or the town people’s government specified by the people’s government of the province, autonomous region or municipality directly under the Central Government shall issue a planning permit on construction project.

 

The competent department of urban and rural planning under the people’s government of the city or county or the town people’s government specified by the people’s government of the province, autonomous region or municipality directly under the Central Government shall publicize the general site layout of the site detailed planning and the engineering design plan which have been deliberated and adopted according to law.

 

Article 41 To build facilities needed by township and village enterprises, village public utilities or public welfare establishments within a township or village planning area, the construction entity or individual shall file an application with the people’s government of the township or town, which shall submit the application to the competent department of urban and rural planning of the people’s government of the city or county for issuing a planning permit for rural construction.

 

The planning administrative measures for building villagers’ residential houses in the original house sites within a township or village planning area shall be formulated by each province, autonomous region or municipality directly under the Central Government on its own.

 

When building premises needed by township and village enterprises, rural common facilities or public welfare establishments within a township or village planning area, no farm land may be used therefor. Where it is really necessary to use farm land, the competent department of urban and rural planning under the people’s government of the city or county may issue the planning permit for rural construction after the construction entity or individual handles the examining and approving formalities for changing the purpose of farm land in accordance with the relevant provisions of the Land Administration Law of the People’s Republic of China.

 

The construction entity or individual may not handle the examining and approving formalities for land use until he obtains the planning permit for rural construction.

Article 42 The competent departments of urban and rural planning may not grant any planning permit beyond the scope of land used for building as specified in urban and rural planning.

 

Article 43 A construction entity shall proceed the construction in accordance with the planning requirements; in the case of any change, it must file an application therefor with the competent department of urban and rural planning under the people’s government of the city or county. If the change violates the regulatory detailed planning, the competent department may not approve the change. The competent department of urban and rural planning under the people’s government of the city or county shall notify the competent department of land at the same level of the changed planning requirements and publicize them.

 

The construction entity shall file the changed planning requirements with the competent department of land of the related people’s government for archival purpose.

 

Article 44 Any temporary construction within a city or town planning area must be subject to the approval of the competent department of urban and rural planning under the people’s government of the city or town. If the temporary construction impedes the implementation of the near-term construction planning, the regulatory detailed planning, traffic, townscape or safety, it shall be disapproved.

 

A temporary construction must be dismantled before the expiration of the approved time limit.

 

The specific measures for the administration of temporary construction and land use planning shall be formulated by the people’s government of each province, each autonomous region and each municipality directly under the Central Government.

 

Article 45 The competent department of urban and rural planning under the local people’s government at or above the county level shall check and verify whether a construction project satisfies the planning requirements in accordance with the provisions of the State Council. Without such check or without passing the check, the construction entity may not organize the completion check and acceptance of the project.

 

A construction entity shall, within 6 months after the completion check and acceptance, file the relevant materials about the completion check and acceptance with the competent department of urban and rural planning.

 

 

 

 

Chapter IV Modification of Urban and Rural Planning

 

Article 46 The organ establishing a provincial urban system planning, a city overall planning or a town overall planning shall organize the related departments and experts to evaluate the implementation of the planning on a regular basis and collect public opinions by argumentation, hearing or other ways. The organ shall submit an evaluation report attached with the collected opinions to the standing committee of the people’s congress at the same level, the people’s congress of the town and the organ examining and approving the planning.

 

Article 47 Under any of the following circumstances, the organ establishing the planning may modify the provincial urban system planning, the city overall planning or the town overall planning within its power limits and in accordance with the prescribed procedure:

 

1. changes in the urban and rural planning established by the people’s government at a higher level require to modify the planning;

 

2. adjustment of administrative divisions requires to modify the planning;

 

3. a significant construction project approved by the State Council requires to modify the planning;

 

4. the modification is necessary upon evaluation; and

 

5. other circumstances under which the modification is necessary as deemed by the organ examining and approving the urban and rural planning.

 

Before modifying the provincial urban system planning, the city overall planning or the town overall planning, the organ establishing it shall summarize the implementation of the planning and report the situation to the organ examining and approving the planning. If the modification involves the mandatory content of the city or town overall planning, the organ establishing it shall submit a special report to the organ examining and approving the planning, and shall set about to prepare the modification plan after obtaining the consent of the organ examining and approving the planning.

 

The modified provincial urban system planning, city overall planning or town overall planning shall be filed for approval in accordance with the examining and approving procedures prescribed in Articles 13 through 16 of this Law.

 

Article 48 To modify a regulatory detailed planning, the organ establishing it shall demonstrate the necessity of the modification, take counsel with the interested persons within the planning area, submit a special report to the organ examining and approving it, and set about to prepare the modification plan after obtaining the consent of the organ examining and approving the planning. The modified regulatory detailed planning shall be filed for approval in accordance with the examining and approving procedures as prescribed in Article 19 and Article 20 of this Law. If the modification involves the mandatory content of the city or town overall planning, the overall planning shall be modified first.

 

The modification of a township or village planning shall be filed for approval in accordance with the examining and approving procedure prescribed in Article 22 of this Law.

 

Article 49 The modified version of the near-term construction planning modified by the people’s government of a city, county or town shall be filed with the organ examining and approving overall planning for archival purpose.

 

Article 50 Where, after the written proposal of location, the land use permit, the planning permit on construction project or the planning permit for rural construction is issued to a licensee, the licensee’s legitimate rights and interests are damaged as a result of the legal modification of urban and rural planning, compensations shall be made according to law.

 

The general site layout of a site detailed planning or an engineering design plan approved according to law may not be modified without approval. If it is really necessary to modify it, the competent department of urban and rural planning shall hear the opinions of the interested parties in the form of hearing, etc. If the legitimate rights and interests of any interested party are damaged because of such modification, compensations shall be made according to law.

 

 

 

 

Chapter V Supervision and Inspection

 

Article 51 The people’s governments at or above the county level and the competent departments of urban and rural planning under them shall make more efforts in supervising and inspecting the establishment, examination and approval, implementation and modification of urban and rural planning.

 

Article 52 A local people’s government shall report the implementation situation of urban and rural planning to the standing committing of the people’s congress at the same level or the people’s congress of the township or town, and shall be subject to the latter’s supervision.

 

Article 53 The competent department of urban and rural planning of the people’s government at or above the county level shall supervise and inspect the implementation situation of urban and rural planning, and has the right to take the following measures:

 

1. requesting the related entity or personnel to provide documents and materials related to issues under supervision, and copying them;

 

2. requesting the related entity or personnel to make explanations on issues under supervision, and entering the field to carry on an investigation when necessary; and

 

3. ordering the related entity or personnel to stop the act violating the relevant laws and regulations on urban and rural planning.

 

The working personnel of the competent department of urban and rural planning shall produce their certificates when performing the aforesaid supervision and inspection duties. Entities and personnel under supervision shall cooperate with them, and may not impede or obstruct the supervision and inspection activities conducted according to law.

 

Article 54 Supervision and inspection situation as well as handling results shall be opened according to law for the general public to refer to and supervise.

 

Article 55 Where a competent department of urban and rural planning finds out, when investigating acts violating this Law, that a state functionary deserves an administrative penalty, it shall propose a penalty suggestion to the organ with the right to appoint and dismiss him or the supervisory body.

 

Article 56 Where a competent department of urban and rural planning must give an administrative penalty as required by this Law but fails to do so, the competent department of urban and rural planning of the people’s government at a higher level has the right to order it to make a decision on giving the administrative penalty or suggest the related people’s government to impose an administrative penalty upon it.

 

Article 57 Where a competent department of urban and rural planning grants an administrative license by violating this Law, the competent department of urban and rural planning of the people’s government at a higher level has the right to either order it to cancel or directly cancel the administrative license. If the cancellation damages the legitimate rights and interests of the party concerned, compensations shall be made according to law.

 

 

 

 

Chapter VI Legal Liability

 

Article 58 If any organ is required by law to establish urban and rural planning but fails to do so, or fails to establish, examine and approve or modify urban and rural planning in accordance with the prescribed procedure, the higher level people’s government shall order it to correct, circulate a notice of criticism and impose punishments on the principal of the related people’s government as well as other directly liable personnel.

 

Article 59 If an organ establishing urban and rural planning entrusts an unqualified entity to establish urban and rural planning, the higher level people’s government shall order it to correct, circulate a notice of criticism and impose punishments on the principal of the related people’s government as well as other directly liable personnel.

 

Article 60 Where the people’s government of a town or the competent department of urban and rural planning of the people’s government at or above the county level commits any of the following behaviors, the people’s government at the same level, the competent department of urban and rural planning of the higher level people’s government or the supervisory organ shall, within the authorized power limits, order it to correct, circulate a notice of criticism and impose punishments on the directly liable person in charge and other directly liable persons according to law:

 

1. failing to organize the establishment of the regulatory detailed planning of the city or the town where the county people’s government is located;

 

2. issuing the written proposal of location, the land use permit, the planning permit on construction project or the planning permit for rural construction to an applicant by exceeding its power limits, or to an applicant not satisfying the prescribed requirements;

 

3. failing to issue within the legal time limit the written proposal of location, the land use permit, planning permit on construction project or the planning permit for rural construction to an applicant satisfying the prescribed requirements;

 

4. failing to publicize the general site layout of an approved site detailed planning or engineering design plan;

 

5. failing to hear the opinions of the interested parties in the form of hearing or other form before approving the modification of the general site layout of a site detailed planning or engineering design plan; or

 

6. failing to investigate and punish a behavior of constructing within a planning area without obtaining the planning permit or by going beyond the planning permit after finding out the behavior, or failing to handle it according to law after being informed of the behavior.

 

Article 61 If the related department of the people’s government at or above the county level commits any of the following acts, the people’s government at the same level or the related department of the higher level people’s government shall order it to correct, circulate a notice of criticism, and impose punishments upon the directly liable person in charge and other directly liable persons:

 

1. issuing an approval document to a construction project for which the written proposal of location hasn’t been obtained according to law;

 

2. failing to specify the planning requirements in the contract for the assignment of the right to use state-owned land, or changing the planning requirements legally determined in the contract for the assignment of the right to use state-owned land; or

 

3. appropriating the right to use state-owned land to a construction entity which fails to obtain the land use permit according to law.

 

Article 62 If an organ establishing urban and rural planning commits any of the following acts, the competent department of urban and rural planning of the people’s government of the city or county where it is located shall order it to correct within a certain time limit and impose a fine of not less than the planned planning expenses as stipulated in the contract but not more than double that amount. If the circumstances are serious, it shall be ordered to stop business for rectification, and the license-issuing organ shall degrade its qualification or revoke its qualification certificate. In the case of losses, it shall make compensation according to law:

 

1. undertaking urban and rural planning establishing work beyond the scope authorized by its qualification grade; or

 

2. establishing urban and rural planning by going against the relevant state standards.

 

If any organ undertakes urban and rural planning establishing work without obtaining the required qualification certificate according to law, the competent department of urban and rural planning of the local people’s government at or above the county level shall order it to stop the illegal act, and impose a fine in accordance with the preceding paragraphs. In the case of losses, it shall make compensation according to law.

 

If any organ undertakes urban and rural planning establishing work with a defrauded qualification certificate, the license-issuing organ shall revoke its certificate, and impose a fine in accordance with the preceding paragraphs. In the case of losses, it shall make compensation according to law.

 

Article 63 If, after obtaining the qualification certificate, an organ establishing urban and rural planning no longer satisfies the corresponding requirements, the license-issuing organ shall order it to correct within a certain time limit, and, if it fails to do so, degrade its qualification or revoke its certificate.

 

Article 64 If a construction project is proceeded without obtaining the planning permit on construction project or by violating the provisions of the planning permit on construction project, the competent department of urban and rural planning of the local people’s government at or above the county level shall order it to stop construction. If it is still possible for the construction entity or individual to take measures to eliminate the impact on the implementation of urban and rural planning, the department shall order it or him to correct within a certain time limit and impose a fine of not less than 5% the construction cost but not more than 10% the cost; if it is impossible to take measures to eliminate the impact, the department shall order the construction entity or individual to dismantle the building or structure within a certain time limit and confiscate the real objects or the illegal gain, and may also impose a fine not more than 10% the construction cost.

 

Article 65 Where a construction project is proceeded within a township or village planning area without obtaining the planning permit for rural construction or by violating the provisions of the planning permit for rural construction, the people’s government of the township or town shall order the construction entity or individual to stop construction, make correction within a certain time limit, and, if the entity or individual fails to do so within the time limit, dismantle the building or structure.

 

Article 66 Where a construction entity or individual commits any of the following behaviors, the competent department of urban and rural planning of the people’s government of the city or county where it is located shall order it to dismantle the building within a certain time limit, and may impose a fine not more than the cost of the temporary construction project:

 

1. making temporary construction without approval;

 

2. making temporary construction beyond the approved content; or

 

3. failing to dismantle the temporary building or structure after the approved time limit expires.

 

Article 67 If a construction entity fails to file the materials about the completion check and acceptance of the project with the competent department of urban and rural planning within 6 months after the completion check and acceptance of the project, the competent department of urban and rural planning of the people’s government of the city or county where it is located shall order it to make a supplementary report within a certain time limit, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan if it fails to do so.

 

Article 68 If, after the competent department of urban and rural planning orders to stop building or dismantle the building or structure within a certain time limit, the party concerned refuses to stop building or fails to dismantle within the time limit, the local people’s government at or above the county level of the place where the construction project is located may order the related department to take measures such as closing down the construction site and mandatory dismantling.

 

Article 69 Where any entity or individual violates this Law and constitutes a crime, it/he shall be subject to criminal liability.

 

Chapter VII Supplementary Provisions

 

Article 70 This Law shall come into force as of January 1st, 2008.The City Planning Law of the People’s Republic of China shall be abolished simultaneously.

 

 

 

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