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Urban-Rural Planning Act of the People’s Republic of China (2008)

2021-05-27

Adopted at 30th Session of the Standing Committee of the 10th National People’s Congress on Oct 28 2007, amended at the 14th Session of the Standing Committee of the 12th National People’s Congress on Apr 24 2015 for the first time, and amended at the 10th Session Standing Committee of the 13th National People’s Congress on Apr 23 2019 for the second time.


Contents

Chapter I General Provisions

Chapter II Preparation of Urban-Rural Planning

Chapter III Implementation of Urban-Rural Planning

Chapter IV Modification of Urban-Rural Planning

Chapter V Supervision and Inspection

Chapter VI Legal Liability

Chapter VII Supplementary Provisions


Chapter I General Provisions

Article 1 This Act is enacted for the purpose of enhancing the administration of Urban-Rural Planning, improving the layout of urban-rural space, improving people’s living environment and promoting the all-round coherent and sustainable development of the urban-rural economy and society.

Article 2 Preparing and implementing Urban-Rural Planning and conducting developments in the Planning Areas shall be governed by this Act.

In this Act, Urban-Rural Planning includes Urban System Planning, City Planning, Town Planning, Township Planning and Village Planning. City Planning or Town Planning is divided into Comprehensive Planning and Detailed Planning. Detailed Planning is divided into Regulatory Planning and Site Planning.

In this Act, the Planning Area include the built-up areas in the cities, towns and villages and the areas that planning administration must be imposed on, to meet the need of urban-rural construction and development. The specific scope of Planning Areas shall be demarcated by the related People’s Government in their City Comprehensive Plan, Town Comprehensive Plan, Township Planning or Village Planning, based on the level of development and the need of overall development of the urban-rural economy and society.

Article 3 Cities and Towns shall prepare City Planning and Town Planning in accordance with this Act. Developments within the Planning Areas shall be in compliance with the requirements of Planning.

The local People’s Governments at or above the county level, shall determine the areas for which Township Planning or Village Planning should be prepared, based on the development level of local rural economy and society, and the principles in terms of practicality and feasibility. Townships and Villages within the designated areas shall prepare their Planning in accordance with this Act. Developments within the Planning Areas shall be in compliance with the requirements of Planning.

The local People’s Governments at or above the county level shall encourage and guide the Townships and Villages not designated in previous provision, to prepare and implement their Township Planning and Village Planning.

Article 4 Preparing and implementing Urban-Rural Planning, must be based on the principles in terms of urban-rural coordination, rational layout, land conservation, intensive development and planning before construction, and must improve the ecological environment, promote economical and comprehensive utilization of resources and energy, preserve natural resources like cultivated land and historical cultural heritage, maintain the local and ethnic features and traditional cityscape, prevent pollution and other public hazards, and must meet the need of regional population development, national defense construction, disaster prevention and mitigation, and public health and safety.

Developments within the Planning Areas shall be in adherence to the provisions of the laws and regulations regarding land administration, natural resources conservation, environmental protection, etc.

The local People’s Government at or above the county level shall rationally determine the development scale, the steps and standards of construction for a city or town in its City Comprehensive Planning or Town Comprehensive Planning, by considering the realities of the local economic and social development

Article 5 The preparation of City Comprehensive Planning, Town Comprehensive Planning, and Township Planning or Village Planning, shall be based on the National Economic and Social Development Planning and be compatible with the Land Use Master Planning.

Article 6 The People’s Governments at all levels shall incorporate the funds needed for the preparation and administration of Urban-Rural Planning in their respective fiscal budgets.

Article 7 Urban-Rural Planning, once approved, shall be the legal basis for of urban-rural development and planning administration, and must not be modified without any statutory procedure.

Article 8 The authorities in charge of the preparation of Urban-Rural Planning shall, in a timely manner, publish the urban and rural plans upon approval according to law, except for the contents which may not be disclosed as prescribed by laws or administrative regulations.

Article 9 All entities shall keep to the approved and published urban and rural plans, submit to the administration of the plans, and have the right to inquire about the conformity of any construction activity which involves their interests, with the requirements of planning, from the Urban-Rural Planning Authorities.

All entities shall have the right to report or to accuse any violations of the urban or the rural plans, to the Urban-Rural Planning Authorities or the relevant departments, which shall accept such report or accusation and make examination and disposition without delay.

Article 10 The state encourages the adoption of advanced scientific technologies to reach a more scientific Urban-Rural Planning, and to promote the performance of the implementation and supervision of Urban-Rural Planning.

Article 11 The Urban-Rural Planning Authority of the State Council shall be responsible for the administration of Urban-Rural Planning nationwide.

The Urban-Rural Planning Authorities of the local People’s Governments at or above the county level, shall be responsible for the administration of Urban-Rural Planning in their respective administrative regions.


Chapter II Preparation of Urban-Rural Planning

Article 12 The National Urban System Plan, shall be prepared by the Urban-rural Planning Authority of the State Council, in conjunction with relevant departments of the State Council, and shall be served as the guidance for the preparation of the Provincial Urban System Plans and City Comprehensive Plans.

The National Urban System Plan shall be submitted by the Urban-rural Planning Authority of the State Council, to the State Council for approval.

Article 13 The Provincial Urban System Plans, shall be prepared by the People’s Government of the province or autonomous region, and summited to the State Council for approval.

A Provincial Urban System Plan shall include: the layout and the scale control of cities and towns space, the layout of major infrastructures, and the areas which need strict control for the preservation of ecological and environment resources.

Article 14 The City Comprehensive Plan of a city shall be prepared by the People’s Government of the city.

The City Comprehensive Plan of a municipality city shall be submitted by the People’s Government of the municipality city to the State Council for approval. The City Comprehensive Plan of the cities which are the capitals of the province or autonomous region, or those designated cities by the State Council, shall be submitted to the State Council for approval, with the examination and consent of the People’s Government of their province or autonomous region. The City Comprehensive Plan of other other cities, shall be submitted by the People’s Government of the city, to the People’s Government of their province or autonomous region for approval.

Article 15 The Comprehensive Plan of the Town where the People’s Government of the county locates, shall be prepared by the People’s Government of the county, and summitted to the superior government for approval. The Town Comprehensive Plans of other towns, shall be prepared by the People’s Government of the Towns, and summitted to the superior government for approval.

Article 16 The Provincial Urban System Plan prepared by the People’s Government of the province or autonomous region, and the Comprehensive Plan prepared by the People’s Government of the city or county, shall be reviewed by the Standing Committee of the People’s Congress at the same level, before its submission to the superior government for approval. The opinions of the review from the members of the Standing Committee shall be submitted to the People’s Government at the same level for consideration and handling.

The Town Comprehensive Plan prepared by the People’s Government of the town, shall be reviewed by the People’s Congress of the town, before its submission to superior government for approval. The opinions of the review from the deputies shall be submitted to the People’s Government at the same level for consideration and handling.

When submitting a Provincial Urban System Plan, a City Comprehensive Plan or a Town Comprehensive Plan for approval by the authority for planning preparation shall, submit the review opinions and the facts of modifications to the plan according to the review opinions, which are from the member of the Standing Committee of the People’s Congress at the same level, or from the deputies of the People’s Congress of the town.

Article 17 The City Comprehensive Plan and the Town Comprehensive Plan shall include: the strategies for the development of the city or town, functional zones, land use layout, comprehensive traffic system, the regions where developments are prohibited,  restrained or appropriated, the various kinds of special items, etc.

The compulsory items of the City Comprehensive Plan and the Town Comprehensive Plan are as follow: the Planning Area, the scale of the develop land within the Planning Area, the land used for infrastructure and public service facilities, the waterhead sites and water system, prime farmland and land used for afforestation, environmental protection, preservation of natural and historical cultural heritage, disaster prevention and mitigation, etc.

The duration of the City Comprehensive Plan, Town Comprehensive Plan is 20 years in general. In the City Comprehensive Plan, predictive arrangements of the city over a longer period shall be made.

Article 18 The Township Plan and the Village Plan shall be prepared based on the actual conditions of the countryside, showing respect to the will of the villagers, and embodying the local and rural features.

The Township Plan and the Village Plan shall include: the Planning Area, the layout of the land use and the requirement of construction for the various developments in terms of rural productions, daily life service and public services, such as housing, roads, water supply, drainage, power supply, garbage collection, including livestock and poultry farming, together with the preservation of the cultivated land and other natural resources and historical cultural heritage, disaster prevention and mitigation. A township plan shall, in addition, include arrangements for the development of the villages within the administrative area of the town.

Article 19 The Detailed Regulatory Planning of the city is prepared by the Urban-Rural Planning Authority of the People’s Government of the city, under the requirements of the City Comprehensive Planning, and is approved by the People’s Government at the same level and then recorded by the Standing Committee of the People’s Congress at the same level and the superior government.

Article 20 The Detailed Regulatory Planning of the town shall be prepared by the People’s Government of the town, under the requirements of the Town Comprehensive Planning, and is approved by the superior government. The Detailed Regulatory Planning of the town where the People’s Government of the county locates, is prepared by the Urban-Rural Planning Authority of the People’s Government of the county, under the requirements of the Town Comprehensive Planning, and is approved by the People’s Government of the county and then recorded by the Standing Committee of the People’s Congress at the same level and the superior government.

Article 21 The Detailed Site Plan of important tracts of land could be prepared by the Urban-Rural Planning Authority of the city or the county, or the People’s Government of the town, and shall ensure conformance to the Detailed Regulatory Planning.

Article 22 The Township Planning and the Village Planning shall be prepared by the People’s Government of the township or the town, and shall be superior government for approval. Before the submission of the Village Planning, it shall be reviewed by the conference of the villagers’ or the villagers’ representatives, and receive their consent.

Article 23 The Comprehensive Plan and the Detailed Plan for the capital city, shall consider coordinately about the land use layout and spatial arrangement for the organs of the CPC Central Committee and the state.

Article 24 The preparation of the Urban-Rural Planning shall be committed to eligible entities with corresponding qualifications, by the Urban-Rural Planning Authorities.

Any entity which is to conduct business upon the formulation of an urban or rural plan, is required to pass the examination and to receive the certificates of qualifications at relevant grades, from the Urban-Rural Planning Authorities of the People’s Government of the province, the autonomous region, or the municipality city, and then is allowed to conduct its business within the scope of its permitted qualification. Terms for qualifications are as follow:

(1)having the status of a legal person;

(2)having the enough quantity of planners who have been registered at relevant industry associations ;

(3)having the enough quantity of related technical professionals;

(4)having the appropriate technical equipment; and

(5) having a sound management system for technologies, quality and financial affairs.

The relevant State standards shall be met when Urban-Rural Planning are being prepared.

Article 25 Preparation of Urban-Rural Planning shall bear basic information required by the State, including survey, mapping, meteorology, earthquake, hydrology, environment, etc.

The relevant authorities of the People’s Governments at or above the county level shall, considering the need of Urban-Rural Planning preparation, provide the relevant basic information in a timely manner.

Article 26 Before submitting an urban or rural plan for approval, the administration in charge of its preparation shall, in accordance with law, publish the draft of the plan and solicit opinions from experts and the public by demonstrations, hearings or other means. Publication of the draft shall remain for at least 30 days.

The administration in charge of preparation of the plan shall fully consider the opinions of the experts and the public and, when submitting the proposals for approval, attach explanations on its adoption of the relevant opinions and the reasons.

Article 27 Before granting approval to a Provincial Urban System Plan, or a City Comprehensive Plan, or a Town Comprehensive Plan, the administration for approval shall organize experts and the related departments to conduct examination.


Chapter III Implementation of Urban-Rural Planning

Article 28 The local People’s Governments at various levels shall, considering the local economic and social development, act within their capabilities, respect the will of the public and organize the implementation of the urban and rural plans step by step in a planned way.

Article 29 In the construction and development of a city, priority shall be given to the construction of infrastructure and public service facilities, the relation between the development of new areas and the reconstruction of the old ones shall be properly handled, and overall consideration shall be given to the daily lives of the migrant workers in the city and to the need of the economic and social development and of the villagers’ production and daily lives on the periphery of the city.

In the construction and development of a town, priority shall, considering the economic and social development as well as industrial restructuring in the rural areas, be given to the construction of the infrastructures such as water supply and drainage, power supply, gas supply, roads, communications, radio and TV broadcasting, as well as the public service facilities such as schools, hospitals, cultural centers, kindergartens and welfare institutions, to serve the surrounding rural areas.

In the construction and development of a township or village, attention shall be paid to economizing on the use of land considering the local conditions, giving play to the role of the villagers’ self-government organizations and giving guidance to the villagers in rational construction, and improving the production and living conditions in the rural areas.

Article 30 In the development and construction of the new areas in a city, attention shall be paid to rational determination of the scale and schedule of construction, to the full use of the existing urban infrastructures and public service facilities, careful preservation of the natural resources and ecological environment and embodying of the local features.

Beyond the scope of the develop land determined in the City Comprehensive Plan or the Town Comprehensive Plan, no development zones or new urban zones of any description may be established.

Article 31 In the reconstruction of an old urban area, the historical cultural heritage and traditional style and features shall be preserved; the scale of demolition and construction shall be rational determined; and the places where clusters of dilapidated houses are located and the infrastructures are outdated shall be planned reconstructed.

The preservation of Historic and Cultural Cities, Towns and Villages, and the maintenance and utilization of preserved buildings, shall be in compliance with the provisions of the relevant laws, administrative regulations and regulations of the State Council.

Article 32 In urban and rural construction and development, the famous scenic spots and other such resources shall be preserved and rational used according to law, and the development of the Landscape and Famous Sceneries and the surrounding townships, towns, and villages shall be coordinately arranged.

The planning, construction and management of the Landscape and Famous Sceneries, shall be in compliance with the provisions of the relevant laws, administrative regulations, and the regulations of the State Council.

Article 33 In the development and use of the urban underground space, shall be adapted to the level of economic and technical development; follow the principles in terms of overall arrangement, comprehensive development and rational use; and fully considerate the scenarios of disaster prevention and mitigation, civil air defense and communications, as well as the conformity with the urban plan, and the completion of the formalities for planning permissions.

Article 34 The Near-term Development Plan shall be prepared by the People’s Government of the city, the county or the town, based on the Comprehensive Plan of the city or the town, the Land Use Master Plan and its annual plan, and the National Economic and Social Development Plan, and shall be recorded by the administration which approved its Comprehensive Plan.

The Near-term Development Plan shall focus on the construction of major infrastructures, public service facilities, the low-income housing and the protection of ecological environment, with specified short-term schedule, orientation of development and spatial layout. The duration of the Near-term Development Plan is five years.

Article 35 It is prohibited to alter, without authorization, the land use specified in an urban and rural plan or other land use protected by laws, including railways, highways, ports, airports, roads, green fields, power transmission and distribution facilities, power transmission line passages, communications facilities, radio and TV broadcasting facilities, pipelines, water courses, reservoirs, waterhead sites, natural reserves, flood control passages, firefighting passages, nuclear power stations, garbage landfills and incineration plants, sewage treatment plants, public service facilities, etc.

Article 36 For the construction projects which are subject to approval or verification by the relevant authorities, or for those of which the right to use of State-owned land is acquired by allocation, the Location Note shall be applied from the Urban-Rural Planning Authority by the developer, before its submission to relevant authorities for approval or verification.

The Location Note can be waived for construction projects other than the ones provided in the previous provision.

Article 37 For the construction projects, of which the use to right as State-owned land is acquired by allocation and within the Planning Area of the city or the town, after approved, verified and recorded by relevant authorities, the developer shall apply for the planning permits, from the Urban-Rural Planning Authorities of the People’s Government of the city or the county, which shall verify the location, the area and the scope allowed to develop, according to the Detailed Regulatory Plan, and then issue the Develop Land Planning Permit.

Only after achieving the Develop Land Planning Permit, the developer may apply for land to use from the Land Administration of the People’s Government at or above the county level and may be allocated with the land from the Land Administration, after the approval by the People’s Government at or above the county level.

Article 38 For the construction project, of which the right to use as State-owned land is acquired by sale and within the Planning Area of the city or the town, before the transferring of the said right, the Urban-Rural Planning Authority of the People’s Government of the city or the county, shall identify the planning terms and conditions of the tract of land, including location, usage, capacity, etc., according to the Detailed Regulatory Plan, as part of the contract on transferring the right to use of State-owned land. The tract of land without identified planning terms and conditions, is not allowed to be transferred upon its right to use as State-owned land.

For the construction project, of which the right to use as State-owned land is acquired by sale, after achieving its documents upon approval, verification, recording and its contract upon transferring of the right to use as State-owned land, the developer may claim for the Develop Land Planning Permit, from the Urban-Rural Planning Authority of the People’s Government of the city or the county.

The planning terms and conditions, as part of the contract on transferring the right to use of State-owned land, shall not be altered by the Urban-Rural Planning Authority of the People’s Government of the city or the county, without authorization.

Article 39 The contract on transferring the right to use of State-owned land, without planning terms and conditions, is invalid. The approval of land granting to the developer which has not obtained the Develop Land Planning Permit, shall be revoked by the People’s Government at or above the county level. The Land, if it is occupied, shall be returned in time. The Losses, if it is caused to a party, shall be compensated according to the law.

Article 40 For the construction of buildings, structures, roads, pipelines and other projects within the Planning Area of the city or the town, the developer or the individual shall apply for Construction Engineering Planning Permit to the Urban-Rural Planning Authority of the People’s Government of the city or the county, or to the People’s Government of the town designated by the People’s Government of the province, autonomous region, or municipality city.

To apply for a permit for the Construction Engineering Planning Permit, the applicant shall submit materials including the relevant certifications on the land to be used, the designed scheme of the construction project, etc. The developer may be required to submit the Detailed Site Plan, if the construction project is required. Once the construction project conforms to both the Detailed Regulatory Plan and the Planning Terms and Conditions, the Construction Engineering Planning Permit shall be issued by the Urban-Rural Planning Authority of the People’s Government of the city or the county, or by the People’s Government of the town designated by the People’s Government of the province, autonomous region, or municipality city.

The Detailed Site Plan, or the general layout of the designed scheme of the construction project, once approved and confirmed, shall be published according to the law, by the Urban-Rural Planning Authority of the People’s Government of the city or the county, or by the People’s Government of the town designated by the People’s Government of the province, autonomous region, or municipality city.

Article 41 For the construction of township enterprises, rural public facilities and public welfare in the Planning Area of the township or the village, the developer or individual shall make the application to the People’s Government of the town or township concerned, which shall report the matter to Urban-Rural Planning Authority of the People’s Government of the city or the county concerned, for issuing the Countryside Development Planning Permit.

The regulations upon Planning Administration regarding the villagers’ housing construction on their existing residential land, may be legislated by the provinces, autonomous regions, or municipality cities.

Agricultural land must not be used for construction of township enterprises, rural public facilities or public welfare, or the villagers’ housing construction in the Planning Area of the township or the village. In case of necessity of using agricultural land, the procedure of approving the change of agricultural land, shall be completed in advance, according to the relevant provisions of the Land Administration Act of the People’s Republic of China, before the Countryside Development Planning Permit is issued by the Urban-Rural Planning Authority of the People’s Government of the city or the county .

The developer or individual may go through the examination and approval procedures for land use only after it or he obtains the Countryside Development Planning Permit 

Article 42 The Urban-Rural Planning Authority shall not issue any planning permit beyond the scope of develop land demarcated in the Urban-Rural Planning.

Article 43 The developer shall carry out construction in compliance with the Planning Terms and Conditions. In case of necessity of changing, it shall apply to the Urban-Rural Planning Authority of the People’s Government of the city or the county concerned. If the changes to be made are not in conformity with the Detailed Regulatory Plan, the said Urban-Rural Planning Authority shall not grant approval. And the Land Administration Authority at the same level and the public, shall be informed in time once the Planning Terms and Conditions has been changed according to the law.

The developer shall report to the Land Administration Authority of the People’s Government concerned in time, for the record upon the changed Planning Terms and Conditions according to the law.

Article 44 The temporary construction carried out in Planning Area of the city or the town shall be subject to approval by the Urban-Rural Planning Authority of the People’s Government of the city or the county concerned. No approval shall be granted, if the temporary construction affects the implementation of the Near-term Development Plan or the Detailed Regulatory Plan, or affects the traffic, the appearance, safety, etc.,.

Temporary buildings shall be demolished by the developer itself before the approved expiration date.

The specific measures of planning administration for the temporary construction and the temporary land use, shall be formulated by the People’s Government of the province, the autonomous region, or the municipality city.

Article 45 The Urban-Rural Planning Authority the People’s Government at or above the county level shall verify the conformity of the construction engineering with the Planning Terms and Conditions, according to the regulations of the State Council. Construction engineering unverified or inconsistent with the Planning Terms and Conditions, shall not proceed to the completion acceptance.

The developer shall, within six months after the completion acceptance, submit the relevant materials thereof to the Urban-Rural Planning Authority.


Chapter IV Modification of Urban-Rural Planning

Article 46 The administration in charge of the preparation of the Provincial Urban System Plan, or the City Comprehensive Plan, or the Town Comprehensive Plan, shall organize the relevant departments and experts to regularly assess the implementation of the plan, and solicit opinions from the public by demonstrations, hearings or other means. The said administration shall submit the assessment report, attached with the opinions solicited, to the Standing Committee of the People’s Congress at the same level or the People’s Congress of the town, and to the original approval administration.

Article 47 The administration in charge of the preparation of the Provincial Urban System Plan, or the City Comprehensive Plan, or the Town Comprehensive Plan, may only modify such plans within the prescribed limits of power and according to the prescribed procedure under one of the following circumstances:

(1) Where changes are occurred in the urban and rural plan prepared by the superior government, therefore modification of the plan is requested;

(2) Where the administrative boundary is adjusted, therefore modification of the plan is necessary;

(3) Where major projects approved by the State Council is to be implemented, therefore modification of the plan is necessary;

(4) Where the result of assessment proves the need to modify the plan; and

(5) Other circumstances under which the approval administration of the urban and rural plan deems it necessary to modify the plan.

Before modifying the Provincial Urban System Plan, or the City Comprehensive Plan, or the Town Comprehensive Plan, The administration in charge of the preparation  shall summarize the implementation of the original plan and report to the original approval administration. If the intended modification involves the compulsory items of the Provincial Urban System Plan, or the City Comprehensive Plan, or the Town Comprehensive Plan, a special report shall be submitted to the original approval administration before preparing proposals for modification upon its consent.

The modified Provincial Urban System Plan, or the City Comprehensive Plan, or the Town Comprehensive Plan shall be submitted for approval in compliance with the procedures specified by the provisions of Article 13, Article 14, Article 15 and Article 16 of this Act.

Article 48 Where the Detailed Regulatory Plan intended to be modified, the administration in charge of the preparation shall demonstrate the necessity for modification, solicit the opinions of the interested parties within the area covered by the plan, and make a special report to the original approval administration, and may only prepare the proposals for modification upon the latter’s consent. The modified Detailed Regulatory Plan shall be submitted for approval in compliance with the procedures specified by the provisions of Articles 19 and 20 of this Act. Where the modification of a Detailed Regulatory Plan involves the compulsory items of the City Comprehensive Plan, or the Town Comprehensive Plan, the Comprehensive Plan concerned shall be modified first.

Where the Township Plan or the Village Plan is intended to be modified, the matter shall be submitted for approval in compliance with the procedure specified by the provisions of Article 22 of this Act.

Article 49 Where the People’s Government of the city, the county or the town modifies its Near-term Development Plan, it shall submit the modified plan to the approval administration of the Comprehensive Plan for recording.

Article 50 Where, after the issue of the Location Note, the Develop Land Planning Permit, the Construction Engineering Planning Permit or the Countryside Development Planning Permit, losses are caused to the lawful rights and interests of the person granted with the permit, due to modification of an urban and rural plan according to law, compensation shall be made according to law.

The Detailed Site Plan and the general layout of the designed scheme of a construction project, which are examined and approved according to law, shall not be modified at will. Where it is necessary to make modification, the Urban-Rural Planning Authority shall listen to the opinions of the interested parties by hearings or other means,; if losses are caused to the lawful rights and interests of the latter, compensation 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 Urban-Rural Planning Authority shall improve supervision and inspection of the preparation, examination and approval, implementation and modification of Urban-Rural Planning.

Article 52 The local People’s Governments at various levels shall respectively report on the implementation of Urban-Rural Planning to the Standing Committees of the People’s Congresses at the same level or to the People’s Congresses of the townships or the towns, and shall subject themselves to supervision by the latter.

Article 53 The Urban-Rural Planning Authority of the People’s Governments at or above the county level shall have the power to adopt the following measures in supervision over and inspection of the implementation of Urban-Rural Planning:

(1) requiring the relevant units or persons to provide the documents and materials relating to the matters under supervision and making duplicates thereof;

(2) requiring the relevant units and persons to explain the issues related to the matters under supervision and, where necessary, entering the site to make a survey; and

(3) ordering the relevant units and persons to discontinue the violation of the laws or regulations governing Urban-Rural Planning.

When performing the duty of supervision and inspection as provided for in the preceding paragraph, staff members of the Urban-Rural Planning Authority shall produce their papers for law enforcement. The units and individuals subjected to supervision and inspection shall cooperate with them and shall not impede or obstruct their supervision and inspection conducted according to law.

Article 54 The results of supervision and inspection and of the resolution of problems shall be published for public consultation and supervision.

Article 55 Where, during investigation and handling of violations of the provisions of this Act, the Urban-Rural Planning Authority finds that a staff member of a government department should be given an administrative sanction according to law, it shall make a proposal to such an effect to the authority responsible for his appointment and removal or to the supervisory authority.

Article 56 Where an administrative sanction should be given according to the provisions of this Act but the Urban-Rural Planning Authority concerned fails to do so, the Urban-Rural Planning Authority of the superior government shall have the power to order it to do so, or to suggest that the People’s Government concerned do so.

Article 57 Where the Urban-Rural Planning Authority grants administrative permission in violation of the provisions of this Act, the Urban-Rural Planning Authority of the superior government shall have the power to order it to revoke the permission granted, or to directly revoke the permission itself. If revocation of the permission causes losses to the lawful rights and interests of the party involved, compensation shall be made according to law.


Chapter VI Legal Liability

Article 58 Where an urban and rural plan should be prepared, as is required by law, the authority concerned fails to take charge of such preparation, or fails to prepare, examine and grant approval, or modify an urban and rural plan in compliance with the statutory procedure, the superior government shall order it to rectify and have it criticized in a circular; and it shall give sanctions, according to law, to the leading person of the People’s Government concerned and the other persons directly responsible.

Article 59 Where the administration in charge of the preparation of urban and rural plans entrusts an entity which lacks the qualifications commensurate with the task, the superior government shall order it to rectify and have it criticized in a circular; and the leading person of the People’s Government concerned and the other persons directly responsible shall be given sanctions according to law.

Article 60 Where the People’s Government of the town or the Urban-Rural Planning Authority of the People’s Government at or above the county level commits one of the following acts, it shall be ordered to rectify by the People’s Government at the same level, or by Urban-Rural Planning Authority or the supervisory authority of the superior government within the limits of their power, and shall be criticized in a circular; and the leading person directly in charge and the other persons directly responsible shall be given sanctions according to law:

(1) failing to act in accordance with law and take charge of the preparation of the Detailed Regulatory Plan of the city or of the town where the county People’s Government is located;

(2) issuing the Location Note, the Develop Land Planning Permit, the Construction Engineering Planning Permit or the Countryside Development Planning Permit, by going beyond its powers, or issuing such proposal or permit to an applicant who does not meet the statutory conditions;

(3) failing to issue, within the statutory time limit, the Location Note, the Develop Land Planning Permit, the Construction Engineering Planning Permit or the Countryside Development Planning Permit, to an applicant who meets the statutory conditions;

(4) failing to publish, according to law, the Detailed Site Plan and the general layout of the designed scheme of a construction project already examined and approved according to law;

(5) failing to listen to the opinions of the interested parties by holding hearings or by other means before it gives its consent to the modification of a detailed construction plan and the general plane figure of the designed scheme of a construction project; and

(6) when it discovers the construction conducted in the Planning Area, for which no permit for planning is issued according to law or which is conducted in violation of the provisions in the permit for planning, failing to investigate into and handle the matter; or after it receives the report on the matter, failing to handle it according to law.

Article 61 Where the relevant department of the People’s Government at or above the county level commits one of the following acts, it shall be ordered to rectify by the People’s Government at the same level or by the relevant department of the superior government, and shall be criticized in a circular; and the leading person directly in charge and the other persons directly responsible shall be given sanctions according to law:

(1) issuing the approval document for a construction project for which the Location Note is not obtained according to law;

(2) failing to lay down, according to law, the Planning Terms and Conditions in the contract on transfer of the right to use of State-owned land, or changing Planning Terms and Conditions which are laid down in the said contract according to law; and

(3) allocating the right to use of State-owned land to the developer that fails to obtain the Develop Land Planning Permit according to law.

Article 62 Where an entity formulating urban and rural plans commits one of the following acts, it shall be ordered to rectify within a time limit by the Urban-Rural Planning Authority of the People’s Government of the city or the county where it is located, and shall be fined not less than one time but not more than two times the amount of the fees for preparation of the plan which were agreed upon in the contract. If the circumstances are serious, it shall be ordered to suspend business for shakeup, and its grade of qualifications shall be demoted, or its qualification certificate revoked by the original issuing authority. If losses are caused, it shall be liable for compensation according to law:

(1) undertaking the formulation of an urban and rural plan by going beyond the scope allowed for its grade of qualifications; or

(2) formulating an urban and rural plan in violation of the relevant State standard.

Where a unit that fails to obtain the qualification certificate according to law undertakes the preparation of an urban and rural plan, it shall be ordered to cease the illegal act by the Urban-Rural Planning Authority of the local People’s Government at or above the county level, and it shall be fined according to the provisions in the preceding paragraph.  If losses are caused, it shall be liable for compensation according to law.

Where an entity that obtains the qualification certificate by fraud undertakes the formulation of an urban and rural plan, its certificate shall be revoked by the original issuing authority, and it shall be fined according to the provisions in the first paragraph of this Article. If losses are caused, it shall be liable for compensation according to law.

Article 63 Where an entity formulating urban and rural plans ceases to meet the necessary requirements for qualifications after obtaining the qualification certificate, it shall be ordered to rectify within a time limit by the original issuing authority. If it fails to rectify on the expiration of the prescribed time limit, its grade of qualifications shall be demoted, or its qualification certificate shall be revoked.

Article 64 Where an entity engages in construction without obtaining the Construction Engineering Planning Permit or without complying with the provisions in the said permit, it shall be ordered to discontinue construction by the Urban-Rural Planning Authority of the local People’s Government at or above the county level. If measures for rectification can be adopted to eliminate the impact on the implementation of the plan, it shall be ordered to make rectification within a time limit and be fined not less than five percent but not more than ten percent the cost of the construction project. Otherwise, it shall be ordered to demolish the project within a time limit. If the project cannot be demolished, the project itself or the entity’s unlawful income shall be confiscated, and it may, in addition, be fined not more than ten percent the cost of the construction project.

Article 65 Where an entity engages in construction in the Planning Area of the township or the village without obtaining the Countryside Development Planning Permit or without complying with the provisions in the said permit, it shall be ordered by the People’s Government of the township or the town concerned to discontinue construction and to make rectification within a time limit; if it fails to rectify on the expiration of the prescribed time limit, the construction project may be demolished.

Article 66 Where the developer or an individual commits one of the following acts, it or he shall be ordered to demolish the temporary construction project in question by the Urban-Rural Planning Authority of the People’s Government of the city or county where it or he is located and may, in addition, be fined not more than one time the cost of the temporary construction project:

(1) engaging in temporary construction without approval;

(2) engaging in temporary construction without complying with what is approved of; and

(3) failing to demolish the temporary building or structure at the expiration of the approved time limit.

Article 67 Where the developer fails to submit the materials on completion acceptance of the construction project to the Urban-Rural Planning Authority within six months after the completion acceptance is conducted, the said developer shall be ordered to make a supplementary report within a time limit by the Urban-Rural Planning Authority of the People’s Government of the city or county where it is located; if it fails to do so on the expiration of the prescribed time limit, it shall be fined not less than RMB 10,000 yuan but not more than 50,000 yuan.

Article 68 Where, after the Urban-Rural Planning Authority makes a decision on ordering the discontinuation of construction, or the demolition of a construction project within a time limit, the party involved refuses to comply, the local People’s Government at or above the county level at the place where the construction project is located may order the relevant department to adopt such measures as closing the construction site or demolishing the project by compulsory means.

Article 69 Where anyone violates the provisions of this Act, which constitutes a crime, he shall be investigated for criminal responsibility according to law.


Chapter VII Supplementary Provisions

Article 70 This Act shall go into effect as of January 1, 2008. The City Planning Act of the People’s Republic of China shall be annulled at the same time.



Note: This is a courtesy translation. In case of discrepancies, the Chinese text prevails.

Official Source in Chinese: https://flk.npc.gov.cn/detail2.html?ZmY4MDgwODE2ZjEzNWY0NjAxNmYyMTYxMjlkZDFhOTI%3D  

(Courtesy Translation)

Edited and Translated by Shujian Zheng