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The National People’s Congress
Order of the President of the People’s Republic of China
No.16
The Administrative Procedure Law of the People’s Republic of China which has been adopted at the Second Session of the Seventh National
People’s Congress on April 4, 1989 is now promulgated, and shall enter into force as of as of October 1, 1990.
President of the People’s Republic of China: Yang Shangkun
April 4, 1989
Administrative Procedure Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II Scope of Accepting Cases
Chapter III Jurisdiction
Chapter IV Participants in Proceedings
Chapter V Evidence
Chapter VI Bringing a Suit and Accepting a Case
Chapter VII Trial and Judgment
Chapter VIII Execution
Chapter IX Liability for Compensation or Infringement of Rights
Chapter X Administrative Procedure Involving Foreign Interests
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1
Pursuant to the Constitution, this Law is enacted for the purpose of ensuring the correct and prompt handling of administrative cases
by the people’s courts, protecting the lawful rights and interests of citizens, legal persons and other organizations, and safeguarding
and supervising the exercise of administrative powers by administrative organs in accordance with the law.
Article 2
If a citizen, a legal person or any other organization considers that his or its lawful rights and interests have been infringed upon
by a specific administrative act of an administrative organ or its personnel, he or it shall have the right to bring a suit before
a people’s court in accordance with this Law.
Article 3
The people’s courts shall, in accordance with the law, exercise judicial power independently with respect to administrative cases,
and shall not be subject to interference by any administrative organ, public organization or individual.
The people’s courts shall set up administrative divisions for the handling of administrative cases.
Article 4
In conducting administrative proceedings, the people’s courts shall base themselves on facts and take the law as the criterion.
Article 5
In handling administrative cases, the people’s courts shall examine the legality of specific administrative acts.
Article 6
In handling administrative cases, the people’s courts shall, as prescribed by law, apply the systems of collegial panel, withdrawal
of judicial personnel and public trial and a system whereby the second instance is the final instance.
Article 7
Parties to an administrative suit shall have equal legal positions.
Article 8
Citizens of all nationalities shall have the right to use their native spoken and written languages in administrative proceedings.
In an area where people of a minority nationality live in concentrated communities or where a number of nationalities live together,
the people’s courts shall conduct adjudication and issue legal documents in the language or languages commonly used by the local
nationalities.
The people’s courts shall provide interpretation for participants in proceedings who do not understand the language or languages commonly
used by the local nationalities.
Article 9
Parties to an administrative suit shall have the right to debate.
Article 10
The people’s procuratorates shall have the right to exercise legal supervision over administrative proceedings.
Chapter II Scope of Accepting Cases
Article 11
The people’s courts shall accept suits brought by citizens, legal persons or other organizations against any of the following specific
administrative acts:
(1)
an administrative sanction, such as detention, fine, rescission of a license or permit, order to suspend production or business or
confiscation of property, which one refuses to accept;
(2)
a compulsory administrative measure, such as restricting freedom of the person or the sealing up, seizing or freezing of property,
which one refuses to accept;
(3)
infringement upon one’s managerial decision-making powers, which is considered to have been perpetrated by an administrative organ;
(4)
refusal by an administrative organ to issue a permit or license, which one considers oneself legally qualified to apply for, or its
failure to respond to the application;
(5)
refusal by an administrative organ to perform its statutory duty of protecting one’s rights of the person and of property, as one
has applied for, or its failure to respond to the application;
(6)
cases where an administrative organ is considered to have failed to issue a pension according to law;
(7)
cases where an administrative organ is considered to have illegally demanded the performance of duties; and
(8)
cases where an administrative organ is considered to have infringed upon other rights of the person and of property.
Apart from the provisions set forth in the preceding paragraphs, the people’s courts shall accept other administrative suits which
may be brought in accordance with the provisions of relevant laws and regulations.
Article 12
The people’s courts shall not accept suits brought by citizens, legal persons or other organizations against any of the following
matters:
(1)
acts of the state in areas like national defence and foreign affairs;
(2)
administrative rules and regulations, regulations, or decisions and orders with general binding force formulated and announced by
administrative organs;
(3)
decisions of an administrative organ on awards or punishments for its personnel or on the appointment or relief of duties of its personnel;
and
(4)
specific administrative acts that shall, as provided for by law, be finally decided by an administrative organ.
Chapter III Jurisdiction
Article 13
The basic people’s courts shall have jurisdiction as courts of first instance over administrative cases.
Article 14
The intermediate people’s courts shall have jurisdiction as courts of first instance over the following administrative cases:
(1)
cases of confirming patent rights of invention and cases handled by the Customs;
(2)
suits against specific administrative acts undertaken by departments under the State Council or by the people’s governments of provinces,
autonomous regions or municipalities directly under the Central Government; and
(3)
grave and complicated cases in areas under their jurisdiction.
Article 15
The higher people’s courts shall have jurisdiction as courts of first instance over grave and complicated administrative cases in
areas under their jurisdiction.
Article 16
The Supreme People’s Court shall have jurisdiction as a court of first instance over grave and complicated administrative cases in
the whole country.
Article 17
An administrative case shall be under the jurisdiction of the people’s court in the locality of the administrative organ that initially
undertook the specific administrative act. A reconsidered case in which the organ conducting the reconsideration has amended the
original specific administrative act may also be placed under the jurisdiction of the people’s court in the locality of the administrative
organ conducting the reconsideration.
Article 18
A suit against compulsory administrative measures restricting freedom of the person shall be under the jurisdiction of a people’s
court in the place where the defendant or the plaintiff is located.
Article 19
An administrative suit regarding a real property shall be under the jurisdiction of the people’s court in the place where the real
property is located.
Article 20
When two or more people’s courts have jurisdiction over a suit, the plaintiff may have the option to bring the suit in one of these
people’s courts. If the plaintiff brings the suit in two or more people’s courts that have jurisdiction over the suit, the people’s
court that first receives the bill of complaint shall have jurisdiction.
Article 21
If a people’s court finds that a case it has accepted is not under its jurisdiction, it shall transfer the case to the people’s court
that does have jurisdiction over the case. The people’s court to which the case has been transferred shall not on its own initiative
transfer it to another people’s court.
Article 22
If a people’s court which has jurisdiction over a case is unable to exercise its jurisdiction for special reasons, a people’s court
at a higher level shall designate another court to exercise the jurisdiction.
If a dispute arises over jurisdiction between people’s courts, it shall be resolved by the parties to the dispute through consultation.
If the dispute cannot be resolved through consultation, it shall be reported to a people’s court superior to the courts in dispute
for the designation of jurisdiction.
Article 23
People’s courts at higher levels shall have the authority to adjudicate administrative cases over which people’s courts at lower levels
have jurisdiction as courts of first instance; they may also transfer administrative cases over which they themselves have jurisdiction
as courts of first instance to people’s courts at lower levels for trial.
If a people’s court deems it necessary for an administrative case of first instance under its jurisdiction to be adjudicated by a
people’s court at a higher level, it may report to such a people’s court for decision.
Chapter IV Participants in Proceedings
Article 24
A citizen, a legal person or any other organization that brings a suit in accordance with this Law shall be a plaintiff.
If a citizen who has the right to bring a suit is deceased, his near relatives may bring the suit.
If a legal person or any other organization that has the right to bring a suit terminates, the legal person or any other organization
that succeeds to its rights may bring the suit.
Article 25
If a citizen, a legal person or any other organization, brings a suit directly before a people’s court, the administrative organ that
undertook the specific administrative act shall be the defendant.
For a reconsidered case, if the organ that conducted the reconsideration sustains the original specific administrative act, the administrative
organ that initially undertook the act shall be the defendant; if the organ that conducted the reconsideration has amended the original
specific administrative act, the administrative organ which conducted the reconsideration shall be the defendant.
If two or more administrative organs have undertaken the same specific administrative act, the administrative organs that have jointly
undertaken the act shall be the joint defendants.
If a specific administrative act has been undertaken by an organization authorized to undertake the act by the law or regulations,
the organization shall be the defendant.
If a specific administrative act has been undertaken by an organization as entrusted by an administrative organ, the entrusting organ
shall be the defendant.
If an administrative organ has been abolished, the administrative organ that carries on the exercise of functions and powers of the
abolished organ shall be the defendant.
Article 26
A joint suit shall be constituted when one party or both parties consist of two or more persons and the administrative cases are against
the same specific administrative act or against the specific administrative acts of the same nature and the people’s court considers
that the cases can be handled together.
Article 27
If any other citizen, legal person or any other organization has interests in a specific administrative act under litigation, he or
it may, as a third party, file a request to participate in the proceedings or may participate in them when so notified by the people’s
court.
Article 28
Any citizen with no capacity to take part in litigation shall have one or more legal representatives who will act on his behalf in
a suit. If the legal representatives try to shift their responsibilities onto each other, the people’s court may appoint one of them
as the representative of the principal in litigation.
Article 29
Each party or legal representative may entrust one or two persons to represent him in litigation.
A lawyer, a public organization, a near relative of the citizen bringing the suit, or a person recommended by the unit to which the
citizen bringing the suit belongs or any other citizen approved by the people’s court may be entrusted as an agent ad litem.
Article 30
A lawyer who serves as an agent ad litem may consult materials pertaining to the case in accordance with relevant provisions, and
may also investigate among and collect evidence from the organizations and citizens concerned. If the information involves state
secrets or the private affairs of individuals, he shall keep it confidential in accordance with relevant provisions of the law.
With the approval of the people’s court, parties and other agents ad litem may consult the materials relating to the court proceedings
of the case, except those that involve state secrets or the private affairs of individuals.
Chapter V Evidence
Article 31
Evidence shall be classified as follows:
(1)
documentary evidence;
(2)
material evidence;
(3)
audio-visual material;
(4)
testimony of witnesses;
(5)
statements of the parties;
(6)
expert conclusions; and
(7)
records of inquests and records made on the scene.
Any of the above-mentioned evidence must be verified by the court before it can be taken as a basis for ascertaining a fact.
Article 32
The defendant shall have the burden of proof for the specific administrative act he has undertaken and shall provide the evidence
and regulatory documents in accordance with which the act has been undertaken.
Article 33
In the course of legal proceedings, the defendant shall not by himself collect evidence from the plaintiff and witnesses.
Article 34
A people’s court shall have the authority to request the parties to provide or supplement evidence.
A people’s court shall have the authority to obtain evidence from the relevant administrative organs, other organizations or citizens.
Article 35
In the course of legal proceedings, when a people’s court considers that an expert evaluation for a specialized problem is necessary,
the expert evaluation shall be made by an expert evaluation department as specified by law. In the absence of such a department,
the people’s court shall designate one to conduct the expert evaluation.
Article 36
Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to obtain later on, the participants
in proceedings may apply to the people’s court for the evidence to be preserved. The people’s court may also on its own initiative
take measures to preserve such evidence.
Chapter VI Bringing a Suit and Accepting a Case
Article 37
A citizen, a legal person or any other organization may, within the scope of cases acceptable to the people’s courts, apply to an
administrative organ at the next higher level or to an administrative organ as prescribed by the law or regulations for reconsideration,
anyone who refuses to accept the reconsideration decision may bring a suit before a people’s court; a citizen, a legal person or
any other organization may also bring a suit directly before a people’s court.
In circumstances where, in accordance with relevant provisions of laws or regulations, a citizen, a legal person or any other organization
shall first apply to an administrative organ for reconsideration and then bring a suit before a people’s court, if he or it refuses
to accept the reconsideration decision, the provisions of the laws or regulations shall apply.
Article 38
If a citizen, a legal person or any other organization applies to an administrative organ for reconsideration, the organ shall make
a decision within two months from the day of the receipt of the application, except as otherwise provided for by law or regulations.
Anyone who refuses to accept the reconsideration decision may bring a suit before a people’s court within 15 days from the day of
the receipt of the reconsideration decision.
If the administrative organ conducting the reconsideration fails to make a decision on the expiration of the time limit, the applicant
may bring a suit before a people’s court within 15 days after the time limit for reconsideration expires, except as otherwise provided
for by law.
Article 39
If a citizen, a legal person or any other organization brings a suit directly before a people’s court, he or it shall do so within
three months from the day when he or it knows that a specific administrative act has been undertaken, except as otherwise provided
for by law.
Article 40
If a citizen, a legal person or any other organization fails to observe the time limit prescribed by law due to force majeure or other
special reasons, he or it may apply for an extension of the time limit within ten days after the obstacle is removed; the requested
extension shall be decided by a people’s court.
Article 41
The following requirements shall be met when a suit is brought:
(1)
the plaintiff must be a citizen, a legal person or any other organization that considers a specific administrative act to have infringed
upon his or its lawful rights and interests;
(2)
there must be a specific defendant or defendants;
(3)
there must be a specific claim and a corresponding factual basis for the suit; and
(4)
the suit must fall within the scope of cases acceptable to the people’s courts and the specific jurisdiction of the people’s court
where it is filed.
Article 42
When a people’s court receives a bill of complaint, it shall, upon examination, file a case within seven days or decide to reject
the complaint. If the plaintiff refuses to accept the decision, he may appeal to a people’s court.
Chapter VII Trial and Judgment
Article 43
A people’s court shall send a copy of the bill of complaint to the defendant within five days of filing the case. The defendant shall
provide the people’s court with the documents on the basis of which a specific administrative act has been undertaken and file a
bill of defence within ten days of receiving the copy of the bill of complaint. The people’s court shall send a copy of the bill
of defence to the plaintiff within five days of receiving it.
Failure by the defendant to file a bill of defence shall not prevent the case from being tried by the people’s court.
Article 44
During the time of legal proceedings, execution of the specific administrative act shall not be suspended. Execution of the specific
administrative act shall be suspended under one of the following circumstances:
(1)
where suspension is deemed necessary by the defendant;
(2)
where suspension of execution is ordered by the people’s court at the request of the plaintiff because, in the view of the people’s
court, execution of the specific administrative act will cause irremediable losses and suspension of the execution will not harm
public interests; or
(3)
where suspension of execution is required by the provisions of laws or regulations.
Article 45
Administrative cases in the people’s courts shall be tried in public, except for those that involve state secrets or the private affairs
of individuals or are otherwise provided for by law.
Article 46
Administrative cases in the people’s courts shall be tried by a collegial panel of judges or of judges and assessors. The number of
members of a collegial panel shall be an odd number of three or more.
Article 47
If a party considers a member of the judicial personnel to have an interest in the case or to be otherwise related to it, which may
affect the impartial handling of the case, the party shall have the right to demand his withdrawal.
If a member of the judicial personnel considers himself to have an interest in the case or to be otherwise related to it, he shall
apply for withdrawal.
The provisions of the two preceding paragraphs shall apply to court clerks, interpreters, expert witnesses and persons who conduct
inquests.
The withdrawal of the president of the court as the chief judge shall be decided by the court’s adjudication committee; the withdrawal
of a member of the judicial personnel shall be decided by the president of the court; the withdrawal of other personnel shall be
decided by the chief judge. Parties who refuse to accept the decision may apply for reconsideration.
Article 48
If the plaintiff refuses to appear in court without justified reasons after being twice legally summoned by the people’s court, the
court shall consider this an application for the withdrawal of the suit; if the defendant refuses to appear in court without justified
reasons, the court may make a judgment by default.
Article 49
If a participant in the proceedings or any other person commits any of the following acts, the people’s court may, according to the
seriousness of his offence, reprimand him, order him to sign a statement of repentance or impose upon him a fine of not more than
1,000 yuan or detain him for not longer than 15 days; if a crime is constituted, his criminal responsibility shall be investigated:
(1)
evading without reason, refusing to assist in or obstructing the execution of the notice of a people’s court for assistance in its
execution by person who has the duty to render assistance;
(2)
forging, concealing or destroying evidence;
(3)
instigating, suborning or threatening others to commit perjury or hindering witnesses from giving testimony;
(4)
concealing, transferring, selling or destroying the property that has been sealed up, seized or frozen;
(5)
using violence, threats or other means to hinder the personnel of a people’s court from performing their duties or disturbing the
order of the work of a people’s court; or
(6)
insulting, slandering, framing, beating or retaliating against the personnel of a people’s court, participants in proceedings or personnel
who assist in the execution of duties;
A fine or detention must be approved by the president of a people’s court. Parties who refuse to accept the punishment decision may
apply for reconsideration.
Article 50
A people’s court shall not apply conciliation in handling an administrative case.
Article 51
Before a people’s court announces its judgment or order on an administrative case, if the plaintiff applies for the withdrawal of
the suit, or if the defendant amends its specific administrative act and, as a result, the plaintiff agrees and applies for the withdrawal
of the suit, the people’s court shall decide whether or not to grant the approval.
Article 52
In handling administrative cases, the people’s courts shall take the law, administrative rules and regulations and local regulations
as the criteria. Local regulations shall be applicable to administrative cases within the corresponding administrative areas.
In handling administrative cases of a national autonomous area, the people’s courts shall also take the regulations on autonomy and
separate regulations of the national autonomous area as the criteria.
Article 53
In handling administrative cases, the people’s courts shall take, as references, regulations formulated and announced by ministries
or commissions under the State Council in accordance with the law and administrative rules and regulations, decisions or orders of
the State Council and regulations formulated and announced, in accordance with the law and administrative rules and regulations of
the State Council, by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government,
of the cities where the people’s governments of provinces and autonomous regions are located, and of the larger cities approved as
such by the State Council.
If a people’s court considers regulations formulated and announced by a local people’s government to be inconsistent with regulations
formulated and announced by a ministry or commission under the State Council, or if it considers regulations formulated and announced
by ministries or commissions under the State Council to be inconsistent with each other, the Supreme People’s Court shall refer the
matter to the State Council for interpretation or ruling.
Article 54
After hearing a case, a people’s court shall make the following judgments according to the varying conditions:
(1)
If the evidence for undertaking a specific administrative act is conclusive, the application of the law and regulations to the act
is correct, and the legal procedure is complied with, the specific administrative act shall be sustained by judgment.
(2)
If a specific administrative act has been undertaken in one of the following circumstances, the act shall be annulled or partially
annulled by judgment, or the defendant may be required by judgment to undertake a specific administrative act anew:
a.
inadequacy of essential evidence;
b.
erroneous application of the law or regulations;
c.
violation of legal procedure;
d.
exceeding authority; or
e.
abuse of powers.
(3)
If a defendant fails to perform or delays the performance of his statutory duty, a fixed time shall be set by judgment for his performance
of the duty.
(4)
If an administrative sanction is obviously unfair, it may be amended by judgment.
Article 55
A defendant who has been judged by a people’s court to undertake a specific administrative act anew must not, based on the same fact
and reason, undertake a specific administrative act essentially identical with the original act.
Article 56
In handling administrative cases, if a people’s court considers the head of an administrative organ or the person directly in charge
to have violated administrative discipline, it shall transfer the relevant materials to the administrative organ or the administrative
organ at the next higher level or to a supervisory or personnel department; if a people’s court considers the person to have committed
a crime, it shall transfer the relevant materials to the public security and procuratorial organs.
Article 57
A people’s court shall pass a judgment of first instance within three months from the day of filing the case. Extension of the time
limit necessitated by special circumstances shall be approved by a higher people’s court, extension of the time limit for handling
a case of first instance by a higher people’s court shall be approved by the Supreme People’s Court.
Article 58
If a party refuses to accept a judgment of first instance by a people’s court, he shall have the right to file an appeal with the
people’s court at the next higher level within 15 days of the serving of the written judgment. If a party refuses to accept an order
of first instance by a people’s court, he shall have the right to file an appeal with the people’s court at the next higher level
within 10 days of the serving of the written order. All judgments and orders of first instance by a people’s court that have not
been appealed within the prescribed time limit shall be legally effective.
Article 59
A people’s court may handle an appealed case by examining the court records, if it considers the facts clearly ascertained.
Article 60
In handling an appealed case, a people’s court shall make a final judgment within two months from the day of receiving the appeal.
Extension of the time limit necessitated by special circumstances shall be approved by a higher people’s court, extension of the
time limit for handling an appealed case by a higher people’s court shall be approved by the Supreme People’s Court.
Article 61
A people’s court shall handle an appealed case respectively according to the conditions set forth below:
(1)
if the facts are clearly ascertained and the law and regulations are correctly applied in the original judgment, the appeal shall
be rejected and the original judgment sustained;
(2)
if the facts are clearly ascertained but the law and regulations are incorrectly applied in the original judgment, the judgment shall
be amended according to the law and regulations; or
(3)
if the facts are not clearly ascertained in the original judgment or the evidence is insufficient, or a violation of the prescribed
procedure may have affected the correctness of the original judgment, the original judgment shall be rescinded and the case remanded
to the original people’s court for retrial, or the people’s court of the second instance may amend the judgment after investigating
and clarifying the facts. The parties may appeal against the judgment or order rendered in a retrial of their case.
Article 62
If a party considers that a legally effective judgment or order contains some definite error, he may make complaints to the people’s
court which tried the case or to a people’s court at a higher level, but the execution of the judgment or order shall not be suspended.
Article 63
If the president of a people’s court finds a violation of provisions of the law or regulations in a legally effective judgment or
order of his court and deems it necessary to have the case retried, he shall refer the matter to the adjudication committee, which
shall decide whether a retrial is necessary.
If a people’s court at a higher level finds a violation of provisions of the law or regulations in a legally effective judgment or
order of a people’s court at a lower level, it shall have the power to bring the case up for trial itself or direct the people’s
court at the lower level to conduct a retrial.
Article 64
If the people’s procuratorate finds a violation of provisions of the law or regulations in a legally effective judgment or order of
a people’s court, it shall have the right to lodge a protest in accordance with procedures of judicial supervision.
Chapter VIII Execution
Article 65
The parties must perform the legally effective judgment or order of the people’s court. If a citizen, a legal person or any other
organization refuses to perform the judgment or order, the administrative organ may apply to a people’s court of first instance for
compulsory execution or proceed with compulsory execution according to law.
If an administrative organ refuses to perform the judgment or order, the people’s court of first instance may adopt the following
measures:
(1)
informing the bank to transfer from the administrative organ’s account the amount of the fine that should be returned or the damages
that should be paid;
(2)
imposing a fine of 50 to 100 yuan per day on an administrative organ that fails to pe
| Category |
ENVIRONMENTAL PROTECTION |
Organ of Promulgation |
The State Council |
Status of Effect |
Invalidated |
| Date of Promulgation |
1989-07-12 |
Effective Date |
1989-09-01 |
Date of Invalidation
|
2000-03-20 |
|
Rules for Implementation of the Law of the People’s Republic of China on the Prevention and Control of Water Pollution |
Chapter I General Provisions
Chapter II Supervision and Management of the Prevention and Control of
Chapter III Prevention of Surface Water Pollution
Chapter IV Prevention of Groundwater Pollution
Chapter V Legal Liability
Chapter VI Supplementary Provisions
(Approved by the State Council on July 12, 1989, promulgated by Decree
No.1 of the State Bureau of the Environment Protection on July 12, 1989)
(Editor’s Note: These Rules have been annulled by the Implementation of the Law of the People’s Republic of China on the Prevention
and Control of Water Pollution> promulgated on March 20, 2000)
Chapter I General Provisions
Article 1 These Rules are formulated according to provisions of
Article 45 of the Law of the People’s Republic of China on the Prevention and
Control of Water Pollution.
Article 2 Competent departments under the State Council and local
people’s governments at various levels shall incorporate water environment
protection into their national economic and social development plans.
Economic and construction departments of people’s governments at various
levels shall, in the light of the requirements for water environment
protection set forth by the people’s government at the corresponding level,
incorporate water environment protection into their production and
construction plans.
Article 3 Funds, materials and equipment needed for the prevention and
control of water pollution in a construction project shall be arranged
together with the principal part of the project.
Article 4 Local supplementary water environment quality standards and
local pollutant discharge standards involving two or more provinces,
autonomous regions or municipalities directly under the central government
shall be established through consultation by relevant provinces, autonomous
regions or municipalities directly under the central government, and be
submitted to the environmental protection department under the State Council
for record.
Article 5 Units and individuals having made remarkable contributions to
the prevention and control of water pollution shall be awarded by people’s
governments.
Chapter II Supervision and Management of the Prevention and Control of
Water Pollution
Article 6 When projecting the minimum discharge of a dam of large or
medium-sized reservoirs, competent departments under the State Council and
competent departments under local people’s governments at various levels
shall take into consideration the sustainment of the natural purification
capacity of water bodies in the lower reaches, and solicit opinions from
environmental protection departments of the people’s governments at county
level or above at the places concerned.
Article 7 With regard to the planning and adjustment of various water
body reserves, environmental protection departments at county level or above
shall, in conjunction with other relevant departments, put forward a plan and
submit it to the people’s government at the corresponding level for approval;
if two or more provincial- or county-level administrative regions are
involved, the plan shall be submitted to their higher-level people’s
government for approval.
Article 8 With regard to construction projects using imported
technologies or equipment and with a need to discharge pollutants into water
bodies, facilities for the prevention and control of water pollution shall be
provided, so as to ensure the pollutant discharge by the project shall not
be in excess of the national or local pollutant discharge standards.
Article 9 Enterprises and institutions discharging pollutants into water
bodies must submit a Report and Registration Form for Pollutant Discharge to
the local environmental protection department. Upon receipt of the Report and
Registration Form for Pollutant Discharge, the environmental protection
department shall, after investigation and verification, issue pollutant
discharge licenses to those whose pollutant discharges are not in excess of
the national or local pollutant discharge standards or the overall pollutant
discharge indexes set for enterprises and institutions by the state.
Those discharging pollutants in excess of the national or local pollutant
discharge standards or the overall pollutant discharge indexes set for
enterprises and institutions by the state shall be ordered to make
elimination or control of pollution within a specified period, and a
temporary pollutant discharge license shall be issued to them for said period.
Overall pollutant discharge indexes for newly constructed, reconstructed
or extended enterprises and institutions shall be determined according to the
environmental impact statements.
Overall pollutant discharge indexes for the existing enterprises and
institutions shall be determined according to the environment quality
standards, the local situation of pollutant discharge and the economic and
technical conditions.
Measures for the administration of pollutant discharge license shall be
formulated separately by the environmental protection department under the
State Council.
Article 10 With submission of a Reporting and Registration Form for
Pollutant Discharge, enterprises and institutions discharging pollutants in
excess of the national or local pollutant discharge standards shall give
reasons for the excess as well as their measures for eliminating or
controlling the pollution within a time limit.
Article 11 When any pollutant treatment facilities are to be dismantled
or left idle, a report shall be submitted in advance to the local
environmental protection department with the reasons given. After receiving
the report, the environmental protection department shall give answer within
one month; failure to give answer within one month shall be deemed as
approval.
Article 12 Units who are ordered to make elimination or controlling of
pollution within a time limit shall report regularly the progress of
the elimination or control to the environmental protection department.
Environmental protection department shall inspect the elimination or
controlling situation, check and accept the completed project for elimination
or controlling, and report the checking and accepting results to the people’s
government at the corresponding level.
Article 13 For making on-site inspections on the pollutant discharging
units under their jurisdiction, the environmental protection departments or
relevant supervisory and administrative departments of people’s governments
at various levels must hold an inspection certificate issued by the
environmental protection department of the people’s government at the
province-governed city level or above.
Article 14 When making on-site inspections, the environmental protection
departments or relevant supervisory and administrative departments of
people’s governments at various levels may, according to the actual needs,
require the units being inspected to provide the following information and
materials:
(1) the situation of pollutant discharge;
(2) the situation of functioning, operation and management of the
pollutant treatment facilities;
(3) models of the monitoring instruments and equipment and the results of
calibration;
(4) monitoring and analysis methods adopted and monitoring records;
(5) the situation of the elimination or control ordered to be completed
within a time limit;
(6) information about accidents and relevant records;
(7) information about the adoption and use of productive technologies and
raw or processed materials related to pollution; and
(8) other information and materials related to the prevention and control
of water pollution.
Article 15 If a water pollution accident is caused by an enterprise or
institution, the enterprise or institution shall, within 48 hours after the
occurrence of the accident, submit a preliminary report to the local
environmental protection department on the time, location and the type of the
accident, the pollutant discharge volume, the economic losses and the
situation of victims, etc. and, upon completing the investigation of the
accident, make a written report to the local environmental protection
department on the cause, course and the harmfulness of the accident, the
measures adopted, the settlement results, the potential or indirect
harmfulness, social effects and legacies of the accident and the future
precaution measures, etc., with relevant certifications attached.
Upon receipt of the preliminary report on the water pollution accident,
the environmental protection department shall, in conjunction with other
relevant departments, promptly adopt measures to reduce or eliminate the
pollution, and conduct monitoring on the water bodies that the accident may
have endangered. The accident shall be investigated and dealt with by the
environmental protection department or other relevant department authorized
by it.
Chapter III Prevention of Surface Water Pollution
Article 16 When any sewage outfall needs to be relocated, the pollutant
discharging unit shall make a motion on the basis of technical demonstration,
and submit it to the environmental protection department of the people’s
government at county level or above for approval.
Article 17 If any sewage outfall is to be located near a water body
reserve, approvals must be obtained in advance from the environmental
protection department of the people’s government at county level or above and
the competent department for the water body reserve.
Article 18 When industrial waste water or urban sewage is used for
irrigation, the agricultural department of the people’s government at
county level or above shall conduct regular monitoring on the quality of the
waste water or sewage, the soil and the agricultural products, and adopt
appropriate measures to protect the soil, groundwater or agricultural
products from pollution.
Article 19 Ships navigating inland rivers shall be equipped with
pollution-prevention equipment which conforms to the ship’s pollution-
prevention structure and equipment standards stipulated by the state, and
must hold a certificate of quality issued by ship inspection authorities.
Ships without pollution-prevention equipment or with the equipment that
fails to conform to the ship’s pollution-prevention structure and equipment
standards stipulated by the state shall be ordered to come up to the
specified standards within a time limit.
Article 20 Ships navigating inland rivers must hold pollution-prevention
documents or record documents stipulated by the navigation administration.
Tankers of 150 total tonnage or more and non-tankers of 400 total tonnage or
more must hold oil record books.
Article 21 Harbors and wharves shall be equipped with receiving and
treatment facilities for oil-bearing waste water, night soil and refuse.
Waste oil, residual oil or refuse of ships shall not be discharged into
water bodies but the receiving facilities.
Article 22 Ships in harbor to conduct the following operations must
submit an application to the navigation administration in advance and, after
approval, conduct the operations within the designated areas in accordance
with relevant provisions:
(1) washing decks or holds of ships carrying poisonous goods or dusty
goods in bulk;
(2) discharging ballasting water, hold washing water, waste water from
engine room or other residual substances; or
(3) making use of anti-oil chemicals.
Article 23 When loading or unloading a ship in harbor or wharf with oil
goods or other poisonous, corrosive or radioactive goods, the ship or the
operating unit must adopt measures for guarding against water pollution.
Article 24 If an accident occurs to a ship resulting in causing or
likely causing pollution to water bodies, the navigation administration shall
arrange compulsory salvage and elimination or compulsory tug. The expenses
arising therefrom shall be borne by the ship responsible for the accident.
Article 25 Units engaging in shipbuilding or ship repairing,
disassembling or salvage must have pollution-prevention equipment. When
taking operations, they shall adopt measures to protect water bodies from
pollution by oil, oil mixtures or other refuses.
Chapter IV Prevention of Groundwater Pollution
Article 26 In exploiting groundwater from multiple aquifers, layered
exploitation shall be resorted to and no combined exploitation shall be
permitted with regard to the following aquifers:
(1) aquifers with salt water, semi-salt water or brine water;
(2) polluted aquifers;
(3) aquifers with poisonous or harmful elements in excess of the
domestic and drinking water hygiene standards; and
(4) aquifers with underground hot water, hot spring or mineral water
which is of medical value or special economic value.
Article 27 When any exploration project needs to expose or run through
aquifers, the work of stopping water and sealing holes aquifer by aquifer
shall be done well in accordance with relevant regulations.
Article 28 If any grotto or civil air defenses is to be used for other
purposes, seepage prevention measures must be adopted.
Article 29 If a mine shaft or pit discharges poisonous or harmful waste
water, water-collection installations must be constructed around the deposit,
and measures must be adopted for guarding against underground water pollution.
Article 30 Water used for artificial recharge of groundwater shall
basically conform to the quality standards for domestic and drinking water
sources, and an approval shall be obtained in advance from the public health
department of the people’s government at county level or above.
Chapter V Legal Liability
Article 31 Fines under Article 37 of the Law of the People’s Republic of
China on the Prevention and Control of Water Pollution shall be implemented
in accordance with the following provisions:
(1) those who commit the act listed in Item (1), Paragraph 1, Article 37
of the Law of the People’s Republic of China on the Prevention and Control of
Water Pollution, refusing to report or submitting a false report on items for
which registration is required for the discharge of pollutants, may be
given a fine between 300 and 3,000 yuan;
(2) those who commit the act listed in Item (2), Paragraph 1, Article 37
of the Law of the People’s Republic of China on the Prevention and Control of
Water Pollution, putting into operation a construction project whose water
pollution control facilities have not been completed, may be given a fine
between 10,000 and 50,000 yuan; those putting into operation a construction
project whose water pollution control facilities fail to meet the
requirements specified in state provisions for environmental protection
management for construction projects may be given a fine between 5,000 and
20,000 yuan;
(3) those committing the act listed in Item (3), Paragraph 1, Article 37
of the Law of the People’s Republic of China on the Prevention and Control of
Water Pollution may be given a fine between 300 and 3,000 yuan;
(4) those who commit the act listed in Item (4), Paragraph 1, Article 37
of the Law of the People’s Republic of China on the Prevention and Control of
Water Pollution, storing or piling any pollutant or waste, may be given a
fine between 2,000 and 50,000 yuan; those abandoning, dumping or discharging
any pollutant may be given a fine between 5,000 and 100,000 yuan; and
(5) those who commit the act listed in Item (5), Paragraph 1, Article 37
of the Law of the People’s Republic of China on the Prevention and Control of
Water Pollution, failing to pay, as provided for by the state, the fee for
pollutant discharge, may be given a fine between 1,000 and 10,000 yuan in
addition to demanding the arrears of the fee for pollutant discharge or for
excess discharge and the late payment fine.
Article 32 A fine made under Paragraph 1, Article 38 of the Law of the
People’s Republic of China on the Prevention and Control of Water Pollution
shall be between 10,000 and 100,000 yuan.
Article 33 Fines under Article 39 of the Law of the People’s Republic of
China on the Prevention and Control of Water Pollution shall be implemented
in accordance with the following provisions:
(1) enterprises or institutions causing a water pollution accident may be
given a fine between 10,000 and 50,000 yuan; and
(2) if heavy economic losses are caused, the fine shall be 30% of the
losses, with a maximum of 200,000 yuan.
Article 34 Those, without a pollutant discharge license or a temporary
pollutant discharge license, discharging pollutants not in excess of the
pollutant discharge standards stipulated by the state shall be given a
warning and ordered to obtain a license within a time limit, and may be
concurrently given a fine between 300 and 5,000 yuan.
Those discharging pollutants not in accordance with provisions by the
formal or temporary pollutant discharge license shall be ordered to make
corrections within a time limit and a fine between 5,000 and 100,000 yuan
shall be given. If the circumstances are serious, the formal or temporary
pollutant discharge license may be revoked.
Article 35 A fine given by the environmental protection department of
the people’s government at county level may be up to 10,000 yuan. Those
exceeding 10,000 yuan shall be submitted to the higher-level environmental
protection department for approval.
A fine given by the environmental protection department of the
people’s government at province-governed city level may be up to 50,000 yuan.
Those exceeding 50,000 yuan shall be submitted to the higher-level
environmental protection department for approval.
A fine given by the environmental protection department of the people’s
government of province, autonomous region or municipality directly under the
central government may be up to 200,000 yuan.
Article 36 Paying the fee for pollutant discharge or for excess
discharge or being given a warning or fine does not mean that the relevant
unit or individual may be exempted from the responsibility to eliminate the
pollution, remove the dangers or compensate the losses.
Chapter VI Supplementary Provisions
Article 37 In case of any discrepancy between China’s law and any
international treaty or agreement concluded or acceded to by the People’s
Republic of China concerning the prevention and control of water pollution of
international rivers or lakes or rivers or lakes along international borders,
the latter shall prevail, with the exception that China has stated
reservation.
Article 38 Relevant departments of the State Council and people’s
governments of various provinces, autonomous regions or municipalities
directly under the central government may formulate their own implementing
measures according to the Law of the People’s Republic of China on the
Prevention and Control of Water Pollution and these Rules and in the light of
the actual situation of their own departments or areas.
Article 39 These Rules shall enter into force on September 1, 1989.
| Category |
TAXATION |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1989-01-03 |
Effective Date |
1989-01-03 |
|
|
|
Circular of the General Office of the State Council Concerning the Approval and Transmission of Suggestions Submitted by the State
Taxation Administration Concerning the Appraisal, Rectification, and Strict Control of Tax Reductions and Exemptions |
SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF
(January 3, 1989)
The report “Suggestions Concerning the Appraisal, Rectification, and
Strict Control of Tax Reductions and Exemptions” submitted by the State
Taxation Administration has been approved by the State Council, and is now
hereby transmitted for implementation. Please report the results of appraisal
and rectification to the State Council by the end of March, 1989.
SUGGESTIONS CONCERNING THE APPRAISAL, RECTIFICATION, AND STRICT CONTROL OF
TAX REDUCTIONS OR EXEMPTIONS
Last year, after the promulgation of “Decisions Concerning the Better
Enforcement of Taxation Laws and Discipline and the Improvement of Tax
Collection” by the State Council, each locality investigated and appraised
cases where excessive authority was used to grant tax reductions or exemptions
and rectified some of them. Definite positive effects have been achieved as a
result. However, because some localities have placed undue emphasis on partial
and local interests, this issue has not been thoroughly investigated and
rectified, and those cases that should be corrected remain uncorrected. Since
this year, some localities have been continuously exceeding their authority to
reduce or exempt taxes on new items. This has seriously affected the
macro-control of the national economy and the stable increase of fiscal
revenue. In conformity with the requirements of the State Council on the
prohibition of the downward spread of the power of tax collection and the
strict control of tax reductions and exemptions, the whole-hearted
rectification of reduced and exempted taxes, suggestions concerning the
appraisal, rectification, and strict control of tax reduction and exemption
are hereby put forward as follows:
1. In order to strictly control the blind development of some special
kinds of consumer goods and goods in over-supply, no locality may reduce or
exempt product taxes or value-added taxes on tobacco, alcoholic beverages,
firecrackers, fireworks, clocks, watches, bicycles, sewing machines, electric
fans, refrigerators, motorcycles, washing machines, vacuum cleaners, air
conditioners, electronic keyboards, pianos, TV sets, tape recorders, cassette
players, video cassette recorders, electronic video games, pull-top cans,
canned beverages, aluminum doors or windows, architectural decorations,
kilowatt-hour meters, saccharin, adhesive clay bricks or tiles, cosmetics for
the skin and hair, and articles for use in a memorial ceremony, which are
produced or marketed in that locality, regardless of the ownership or type of
enterprise. No product tax, value-added tax, or income tax may be reduced or
exempted for small scale wool mills, cotton mills, silk mills, oil refineries,
lacquer factories, metal rolling factories, cigarette factories, or alcoholic
beverage factories.
The reduction or exemption of taxes on all aforesaid items that have
already been approved shall be suspended and normal collection resumed as of
January 1, 1989. From now on, in order to meet the demands of state
macro-control, the State Taxation Administration is authorized, when
necessary, to list additional items that may not be subjected to tax
reductions or exemptions.
2. For importing market-saturated goods, consumer goods for which market
prices have been freed, and state-restricted imports, product taxes and
value-added taxes on the importation of these goods may not be reduced or
exempted. For export products manufactured by enterprises, a complete tax
refund will be given at the time of export, and therefore no product tax or
value-added tax on the production of export products manufactured by
enterprises may be reduced or exempted.
3. Appraisal and rectification of tax reductions or exemptions for various
companies. Taxes on comprehensive companies, banking companies and companies
in service industries should be collected according to stipulations and
regulations. No product tax, value-added tax, or business tax which should be
paid may be reduced or exempted, and such reductions or exemptions which have
been approved should be suspended immediately. In the event of true
difficulties in paying income taxes during the early stage of operation, the
period of the reduction of or exemption from income tax shall be less than one
year; reductions or exemptions from income tax that have already been approved
to exceed one year shall be enforced according to the above regulations.
4. The unified preferential policy of tax reductions or exemptions for
township enterprises stipulated by the state shall continue to be implemented,
and within the limits of their respective authorities over tax administration,
all localities shall strictly control the reduction of or exemption from
product taxes, value-added taxes, and business taxes. Approvals of tax
reduction or exemption by any locality which exceeds its respective authority
shall cease immediately. After strict verification, a special consideration of
one year reduction of or exemption from income tax may be granted to a small
number of enterprises that have authentic difficulties in paying taxes in the
early stage of operation. Any alteration of income tax rates or any collection
at a reduced portion of the tax rate by any locality must be corrected and
normal collection resumed. The range of itemized expenditures before income
tax payment shall be implemented strictly in accordance with the provisions
uniformly stipulated by the state, and may not be extended without
authorization. The examination and approval of reductions or exemptions for
township enterprises should be handled strictly in accordance with the
stipulations by present administrative systems, and the power of examination
and approval may not be transferred to lower levels of authority. After the
period for tax reduction or exemption for enterprises comes to an end, no
enterprise may obtain further tax reductions or exemptions by changing factory
names, product names, or the trademarks thereof, nor through other fraudulent
means. The discovery of such acts shall be treated and prosecuted as tax
evasion.
5. All localities and departments must strictly implement the uniform
national policies governing foreign-related taxation, and may not exceed their
respective authorities to determine preferential treatment on foreign-related
taxation. All unauthorized decisions on reduction of or exemption from taxes,
which are in violation of uniform national taxation laws and administrative
regulations promulgated by the State Council, are invalid and should be
publicly repealed and corrected.
6. In order to make greater efforts to cut down the scale of
infrastructure construction, the macro-control role of the construction tax
should be fully brought into play, and a construction tax on construction
investments made outside the state plan shall be strictly imposed. No locality
or department may reduce or exempt taxes without authorization, with the
exception of those tax reductions or exemptions stipulated uniformly in
taxation laws and regulations.
7. The tax authorities at various levels shall strengthen their
supervision and control on tax reductions or exemptions and rigorously enforce
procedures of examination and approval. In handling tax reductions or
exemptions, all tax authorities at various levels shall implement laws and
regulations impartially, and may not abuse their authority for selfish
benefits. With respect to those items of tax reduction or exemption of very
large amounts or widespread influence, the tax authorities shall carry out
specific investigations, examine them collectively, and report to higher
authorities level by level for approval. No individual may make decisions
regarding tax reductions or exemptions, and those who are in violation of this
stipulation shall be severely punished.
8. The appraisal and rectification of tax reductions or exemptions is a
policy-oriented task. It involves the economic interests of all localities,
departments, and units. The local people’s governments at various levels shall
strengthen their leadership and make earnest appraisals and rectifications
from the perspective of the general public interest and macro-scopic demands.
We suggest one leader from each province, autonomous region, and municipality
directly under the Central Government be appointed to take charge of this task.
|
The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No.23
The City Planning Law of the People’s Republic of China, adopted at the 11th Meeting of the Standing Committee of the Seventh National
People’s Congress on December 26, 1989, is promulgated now, and shall enter into force as of April 1, 1990.
President of the People’s Republic of China Yang ShangKun
December 26, 1989
City Planning Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II Formulation of the Plan for a City
Chapter III Development of New Urban Areas and Redevelopment of Existing Urban Areas
Chapter IV Implementation of City Planning
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated to determine the size of a city, define the orientation of its development, realize the goals of its economic
and social development, and map out its plan and carry out its construction on a rational basis in order to meet the needs in socialist
modernization.
Article 2
This Law shall be observed when the plan for a city is being formulated or implemented, or when construction is being carried out
within a planned urban area.
Article 3
The term ” city ” used in this Law applies to a municipality directly under the Central Government, a city or a town established as
one of the administrative divisions of the state.
The term ” a planned urban area ” used in this Law applies to an urban district, an inner suburban district or an area needed for
urban development and construction as one of the administrative divisions of a city. The scope of a planned urban area shall be determined
by the people’s government of a city, while compiling a comprehensive plan for the city.
Article 4
The state shall guide itself by the principle of strictly controlling the size of large cities and developing medium-sized and small
cities to an appropriate extent in the interest of a rational distribution of productive forces and of the population.
A ” large city ” means one which has a non-agricultural population of 500, 000 or more in its urban and inner suburban districts.
A ” medium-sized city ” means one which has a non-agricultural population of over 200,000 but less than 500,000 in its urban and inner
suburban districts.
A ” small city ” means one which has a non-agricultural population of less than 200,000 in its urban and inner suburban districts.
Article 5
City planning must suit the specific conditions of our country and embody a correct handling of the relationship between short-term
and long-term development.
The principle of usefulness and economy and of building the country through thrift and hard work must be adhered to in construction
in a planned urban area.
Article 6
The compilation of the plan for a city shall be based on the plan for national economic and social development as well as the natural
environment, resources, historical conditions and present characteristics of the city. The plan shall be a comprehensive one which
gives balanced consideration to all factors.
The construction of items of urban infrastructure as defined in the plan for a city shall be incorporated into the plan for national
economic and social development in accordance with the specified procedure for national capital construction, and shall be carried
out step by step in a planned way.
Article 7
The comprehensive plan for a city shall be coordinated with territorial planning, regional planning, water space planning and comprehensive
planning for the use of land.
Article 8
The state shall encourage scientific and technical research in city planning and shall popularize advanced technology in order to
raise the scientific and technical level of city planning.
Article 9
The competent department of city planning administration under the State Council shall be responsible for city planning throughout
the country.
The competent departments of city planning administration of the people’s governments at or above the county level shall be responsible
for city planning in the administrative areas under their jurisdiction.
Article 10
All units and individuals shall have the obligation to abide by the plan for a city and shall have the right to report and bring charges
against any action that runs counter to such a plan.
Chapter II Formulation of the Plan for a City
Article 11
The competent department of city planning administration under the State Council and the people’s governments of provinces, autonomous
regions and municipalities directly under the Central Government shall organize the compilation of hierarchical urban plan for the
whole nation and for the provinces, the autonomous regions and the municipalities directly under the Central Government respectively
in order to provide guidance for the compilation of the plans for the cities.
Article 12
The people’s government of a city shall be responsible for seeing to the compilation of the plan for the same city. The compilation
of the plan for a town which is the seat of the people’s government of a county shall be taken care of by the same people’s government.
Article 13
In the compilation of the plan for a city, it shall be necessary to proceed from actual conditions and make a scientific forecast
of the needs arising from its long-term development. The size of the city, the standards, norms and criteria for the various items
of development, and the development procedure shall conform with the national and local levels of economic and technological development.
Article 14
In the compilation of the plan for a city, attention shall be paid to the protection and improvement of the city’s ecological environment,
the prevention of pollution and other public hazards, the development of greenery and afforestation, the improvement of the appearance
and environmental sanitation of urban areas, the preservation of historic and cultural sites, the traditional cityscape, the local
characteristics and the natural landscape.
In the compilation of the plan for a city in a national autonomous area, attention shall be paid to the preservation of ethnic traditions
and local characteristics.
Article 15
In the compilation of the plan for a city, the principle of facilitating production, benefiting the people’s everyday life, promoting
commodity circulation, enriching the economy and promoting advances in science, technology, culture and education shall be adhered
to.
City planning shall conform with the city’s needs for fire-fighting, the prevention of explosions, the mitigation of earthquakes,
the prevention of floods and of mud-rock flows, public security, traffic control and civil air defence construction. In areas where
strong earthquakes and serious floods are likely to occur, measures for earthquake mitigation and flood prevention must be specified
in the plan for a city.
Article 16
In the compilation of the plan for a city, the principle of optimal utilization and conservation of land shall be observed.
Article 17
For the compilation of the plan for a city, data on exploration and surveying and other necessary basic information shall be made
available.
Article 18
The plan for a city shall, as a rule, be worked out in two stages, i.e. comprehensive planning and detailed planning. For large and
medium-sized cities, district planning may be conducted on the basis of comprehensive planning in order to further control and define
the use of land and determine the scope and capacity of each plot and to coordinate the construction of various items of infrastructure
and public facilities.
Article 19
The comprehensive plan for a city shall cover the designated function of the city, the goals of its development and its projected
size, the standards, norms and criteria for its main building structures, the distribution of land used for various construction
purposes, the functions of different zones, the overall arrangement for construction, the comprehensive urban transportation system,
the system of water spaces and green spaces, the plan for specialized sectors and the plan for immediate construction.
The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government shall include
a hierarchical urban plan for the administrative divisions of the city or county.
Article 20
The detailed plan for a city shall, on the basis of the comprehensive plan for the city or the plan for its different zones, include
a concrete plan for the various construction projects to be undertaken in the immediate development area of the city.
The detailed plan for a city shall define the scope for the use of land for each construction project within the planned plot and
provide the control indexes for building density and building height, the general layout, the comprehensive plan for utilities engineering
and the plan for site engineering.
Article 21
Plans for cities shall be examined and approved at different levels.
The comprehensive plan for a municipality directly under the Central Government shall be submitted by the people’s government of the
municipality to the State Council for examination and approval.
The comprehensive plan for a city which is the seat of the people’s government of a province or of an autonomous region, or for a
city which has a population of 1,000,000 or more, or for a city otherwise designated by the State Council shall first be examined
and approved by the people’s government of the province or the autonomous region and then submitted to the State Council for examination
and approval.
The comprehensive plan for a city with a municipal government or for a town serving as the seat of a county government other than
those defined in Paragraphs 2 and 3 of this Article shall be submitted to the people’s government of the province, the autonomous
region or the municipality directly under the Central Government for examination and approval. The comprehensive plan for a town
which is the seat of the people’s government of a county administered by a municipality shall be submitted to the relevant municipal
people’s government for examination and approval.
The comprehensive plan for a town with an administrative status other than that defined in the preceding paragraph shall be submitted
to the people’s government of the relevant county for examination and approval.
The people’s government of a city or of a county must submit the comprehensive plan for a city to the people’s congress at the corresponding
level or its standing committee for examination and approval before submitting it to the people’s government at a higher level for
examination and approval.
The plan for a district of a city shall be examined and approved by the people’s government of the city.
The detailed plan for a city shall be examined and approved by the people ‘s government of the city. The detailed plan for a city
which has a district plan shall be submitted to the competent department of city planning administration of the people’s government
of the city for examination and approval, with the exception of important detailed plans which shall be submitted to the people’s
government of the city for examination and approval.
Article 22
The people’s government of a city may make partial readjustments in the comprehensive plan for the city according to needs arising
from the city’s economic and social development, and the comprehensive plan thus readjusted shall be submitted to the standing committee
of the people’s congress at the corresponding level and to the authority which originally approved the plan for the record. Major
readjustments which involve the designated function of the city, its size, the orientation of its development or its overall layout
shall be examined and approved by the people’s congress at the corresponding level or its standing committee before they are submitted
to the authority which originally approved the plan for examination and approval.
Chapter III Development of New Urban Areas and Redevelopment of Existing Urban Areas
Article 23
In the development of new urban areas and the redevelopment of existing urban areas, the principles of unified planning, a rational
layout, consideration of local conditions, comprehensive development and the coordinated construction of support facilities must
be adhered to. The selection and determination of sites for construction projects may not hinder the development of a city, endanger
its safety, cause pollution or a deterioration of its environment or affect the coordination of its various functions.
Article 24
The marshalling yards for newly built railways, trunk lines for freight trains, transit highways, airports and important military
establishments shall be built away from the urban districts.
In the construction of harbours, consideration shall be given to the rational allocation and utilization of a city’s water front,
and the availability of a section of the water front for activities other than production shall be guaranteed.
Article 25
The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water
and energy resources, transportation facilities and means of preventing disasters. Mineral reserves and underground cultural relics
and historical sites shall be avoided.
Article 26
In the development of new urban areas, rational use shall be made of the existing facilities of a city.
Article 27
In the redevelopment of existing urban areas, the principles of good maintenance, rational utilization, readjustment of the layout
and gradual improvement shall be adhered to. Redevelopment shall be carried out by stages on a unified plan. The residential and
transportation conditions in the existing urban areas shall be improved step by step, and special attention shall be given to the
construction of the infrastructure and public facilities so as to enhance the multiple functions of the city.
Chapter IV Implementation of City Planning
Article 28
The plan for a city shall be announced by the people’s government of the city after it is approved.
Article 29
The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected
to planning administration.
Article 30
The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme
submitted for approval must be accompanied by the statement of opinion on the location issued by the competent department of city
planning administration.
Article 31
When applying for the use of land for a construction project in a planned urban area, the unit or individual undertaking construction
must produce documents stating the approval of the project by the relevant government authorities and apply to the competent department
of city planning administration for the determination of a location for the construction project. The competent department of city
planning administration shall determine the site and its boundary, provide the facilities for planning and designing, and issue a
permit for the planned use of land for construction. Only after acquiring the permit for the planned use of land for construction,
may the unit or individual undertaking construction apply for the use of land to the land administration department of the local
people’s government at or above the county level. After the application is examined and approved by the people’s government at or
above the county level, land shall be allocated by the department of land administration.
Article 32
For the construction of a new building, structure, road, pipeline and cable or any other engineering works, its extension or its alteration
within a planned urban area, application shall be submitted to the competent department of the city planning administration together
with the related documents of approval. The competent department of city planning administration shall issue a permit for a planned
construction project according to the planning and design requirements defined in the plan for the city. The unit or individual undertaking
construction may not apply for the performance of the procedure for the beginning of construction until after acquiring the permit
for a planned construction project.
Article 33
A temporary structure erected within a planned urban area must be demolished within the approved period of time for its use. Measures
for the planning and administration of temporary structures and land for temporary use shall be formulated by the people’s governments
of the provinces, autonomous regions and municipalities directly under the Central Government.
The construction of permanent buildings, structures and other installations shall be banned on land granted for temporary use.
Article 34
All units and individuals must obey the decisions on readjustments in the use of land made by the people’s government of a city according
to the plan for the city.
Article 35
No unit or individual may undertake construction on a road or a public square, in a green space, in a high-voltage power supply corridor,
or by cutting into the space for underground pipelines and cables.
Article 36
The excavation of sand and gravel and of earth within a planned urban area shall be approved by the competent administrative authorities.
No such activity may cause damage to the urban environment or produce a negative effect on city planning.
Article 37
The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban
area to see if they conform to the requirements of the plan for a city. The party subject to inspection shall state the actual situation
and provide the necessary data. The party conducting inspection shall be obliged to keep technical and business secrets for the party
subject to inspection.
Article 38
The competent department of city planning administration may participate in the checking and acceptance of important development projects
within a planned urban area. The construction unit shall submit to the competent department of city planning administration documents
related to the completion of a development project within a planned urban area within six months of the checking and acceptance of
the project.
Chapter V Legal Liability
Article 39
If, within a planned urban area, land is occupied and used after the acquisition of documents of approval for the use of land for
construction but without the acquisition of a permit for the planned use of land for construction, such documents of approval shall
be declared invalid, and the land occupied shall be returned by order of a people’s government at or above the county level.
Article 40
Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with
the requirements stated in the permit and which seriously affects city planning shall, by order of the competent department of city
planning administration of the local people’s government at or above the county level, be suspended, removed within a prescribed
period of time or be punishable by the confiscation of illegal buildings, structures or facilities; construction which affects city
planning but can still be remedied shall, by order of the competent department of city planning administration of the local people’s
government at or above the county level, be corrected within a prescribed period of time and be concurrently punishable by a fine.
Article 41
A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements
in the permit may be given administrative sanction by the organization where he works or by the competent authority at a higher level.
Article 42
A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision,
apply for reconsideration to the department next higher to the authorities that decided on the sanction; if the party refuses to
accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration decision, bring a suit before a people’s
court. A party may also bring a suit directly before a people’s court within 15 days of receiving the notification on the sanction.
If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people’s
court nor complied with the sanction, the authorities that decided on the sanction may apply to the people’s court for compulsory
enforcement.
Article 43
Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices
for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authorities;
if his act constitutes a crime, he shall be investigated for criminal responsibility according to law.
Chapter VI Supplementary Provisions
Article 44
This Law may be referred to for a residents’ community in an industrial or mining district without the administrative status of a
town.
Article 45
Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning administration
under the State Council, and shall be implemented after they are submitted to and approved by the State Council.
Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people’s congresses
of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 46
This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated
therefrom.
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