PROCEDURE OF THE CONCLUSION OF TREATIES

Law of the People’s Republic of China on the Procedure of the Conclusion of Treaties

Important Notice:

This English document is coming from “LAWS AND REGULATIONS OF THEPEOPLE’S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED
MATTERS” (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People’s Republic of
China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese shall prevail.

Whole Document LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PROCEDURE OF THECONCLUSION OF TREATIES(Adopted at the 17th
Meeting of the Standing Committee of theSeventh National People’s Congress on December 28, 1990, promulgated byOrder No.
37 of the President of the People’s Republic of China onDecember 28, 1990, and effective as of the same date)Article 1The
present Law is enacted in accordance with the Constitution of thePeople’s Republic of China.Article 2This Law shall be applicable
to bilateral or multilateral treaties andagreements and other instruments of the nature of a treaty or agreementconcluded
between the People’s Republic of China and foreign states.Article 3The State Council, that is, the Central People’s Government,
of thePeople’s Republic of China shall conclude treaties and agreements withforeign states.The Standing Committee of the National
People’s Congress of the People’sRepublic of China shall decide on the ratification and abrogation oftreaties and important
agreements concluded with foreign states.The President of the People’s Republic of China shall, in accordance withdecisions of the
Standing Committee of the National People’s Congress,ratify and abrogate treaties and important agreements concluded withforeign
states.The Ministry of Foreign Affairs of the People’s Republic of China shall,under the leadership of the State Council, administer
the specific affairsconcerning the conclusion of treaties and agreements with foreign states.Article 4The People’s Republic of China
shall conclude treaties and agreements withother states in the name of:(1) the People’s Republic of China;(2) the Government of the
People’s Republic of China;(3) the governmental departments of the People’s Republic of China.Article 5The decision to negotiate
and sign treaties and agreements shall be madeaccording to the following procedures:(1) in the case of a treaty or agreement to
be negotiated and signed inthe name of the People’s Republic of China, the Ministry of ForeignAffairs or the department
concerned under the State Council in conjunctionwith the Ministry of Foreign Affairs shall make a recommendation and drawup a draft
treaty or agreement of the Chinese side and submit it to theState Council for examination and decision;(2) in the case of a treaty
or agreement to be negotiated and signed inthe name of the Government of the People’s Republic of China, the Ministryof Foreign
Affairs or the department concerned under the State Councilshall make a recommendation and draw up a draft treaty or agreement
of theChinese side and, after consultation with the Ministry of Foreign Affairs,submit it to the State Council for examination and
decision. In the caseof an agreement concerning a specific line of business, its Chinese draftshall, with the consent of the State
Council, be examined and decided uponby the department concerned under the State Council or when necessary inconsultation with
the Ministry of Foreign Affairs;(3) agreements to be negotiated and signed in the name of a governmentaldepartment of the People’s
Republic of China concerning matters within thescope of functions and powers of the department concerned shall be decidedupon by
the department itself or after consultation with the Ministry ofForeign Affairs. In the case of an agreement relating to matters
of majorimportance or matters falling within the functions and powers of otherdepartments under the State Council, the department
concerned shall submitit by itself or after consultation with the other departments concernedunder the State Council, to the State
Council for decision. The draftagreement of the Chinese side shall be examined and decided upon by thedepartment concerned
or when necessary in consultation with the Ministryof Foreign Affairs.When major modification in the Chinese draft of a treaty
or agreementalready examined and decided upon by the State Council are necessary as aresult of negotiation, the revised draft
shall be submitted to the StateCouncil for examination and decision.Article 6Representatives for negotiating and signing treaties
or agreements shallbe appointed according to the following procedures:(1) In the case of a treaty or agreement to be concluded
in the name ofthe People’s Republic of China or the Government of the People’s Republicof China, the Ministry of Foreign Affairs
or the department concernedunder the State Council shall submit a report to the State Council for theappointment of a representative.
The full powers of the representativeshall be signed by the Premier of the State Council, but may also besigned by the
Minister of Foreign Affairs.(2) In the case of an agreement to be concluded in the name of agovernmental department of
the People’s Republic of China, arepresentative shall be appointed by the head of the department concerned.The letter
of authorization for the representative shall be signed by thehead of the department. Where the head of a department signs an agreementconcluded
in the name of the governmental department, and where thecontracting parties agree that it is necessary for the head
of thedepartment to produce full powers, the full powers shall be signed by thePremier of the State Council, but may also be signed
by the Minister ofForeign Affairs.The following persons shall dispense with full powers for negotiating andsigning treaties and
agreements:(1) the Premier of the State Council, the Minister of Foreign Affairs;(2) the head of a diplomatic mission of the People’s
Republic of China whonegotiates and signs treaties and agreements concluded between China andthe state to which he is accredited,
unless it is otherwise agreed by thecontracting parties;(3) the head of a governmental department of the People’s Republic
ofChina who negotiates and signs the agreements concluded in the name of hisdepartment, unless it is otherwise agreed by the contracting
parties;(4) the person, dispatched to an international conference or accredited toan international organization by the People’s Republic
of China, who is atthe same time the representative for negotiating treaties or agreements inthat conference or organization, unless
it is otherwise agreed by theconference or otherwise provided for in the constitution of theorganization.Article
7The ratification of treaties and important agreements shall be decidedupon by the Standing Committee of the National People’s
Congress.The treaties and important agreements referred to in the precedingparagraph are as follows:(1) treaties of friendship
and cooperation, treaties of peace and similartreaties of a political nature;(2) treaties and agreements relating to territory
and delimitation ofboundary lines;(3) treaties and agreements relating to judicial assistance andextradition;(4) treaties
and agreements which contain stipulations inconsistent withthe laws of the People’s Republic of China;(5) treaties and agreements
which are subject to ratification as agreed bythe contracting parties; and(6) other treaties and agreements subject to ratification.After
the signing of a treaty or an important agreement, the Ministry ofForeign Affairs or the department concerned under the State
Council inconjunction with the Ministry of Foreign Affairs shall submit it to theState Council for examination and verification;
the State Council shallthen refer it to the Standing Committee of the National People’s Congressfor decision on ratification;
the President of the People’s Republic ofChina shall ratify it in accordance with the decision of the StandingCommittee of
the National People’s Congress.After the ratification of a bilateral treaty or an important bilateralagreement, the Ministry
of Foreign Affairs shall execute the formalitiesfor the exchange of the instruments of ratification with the othercontracting
party. After the ratification of a multilateral treaty or animportant multilateral agreement, the Ministry of Foreign Affairs
shallexecute the formalities for the deposit of the instrument of ratificationwith the depositary state or international organization.
The instrument ofratification shall be signed by the President of the People’s Republic ofChina and countersigned by the Minister
of Foreign Affairs.Article 8After the signing of the agreements and other instruments of the nature ofa treaty which do not fall
under paragraph 2, Article 7 of this Law andwhich are subject to approval as prescribed by the State Council or asagreed by
the contracting parties, the Ministry of Foreign Affairs or thedepartments concerned under the State Council in conjunction
with theMinistry of Foreign Affairs shall submit them to the State Council forapproval. After the approval of agreements and
other instruments of thenature of a treaty, in the case of a bilateral one, the Ministry ofForeign Affairs shall execute
the formalities for the exchange of theinstruments of approval with the other contracting party or for mutualnotification
of the approval by diplomatic notes. In the case of amultilateral one, the Ministry of Foreign Affairs shall execute
theformalities for the deposit of the instrument of approval with thedepositary state or international organization concerned.
The instrumentof approval shall be signed by the Premier of the State Council, but mayalso be signed by the Minister of Foreign
Affairs.Article 9After the signing of the agreements which need no decision on ratificationby the Standing Committee of the National
People’s Congress or approval bythe State Council, the agreements shall be submitted by the departmentsconcerned under the State
Council to the State Council for the record,except those agreements concluded in the name of the governmentaldepartments
of the People’s Republic of China which are to be submitted bythese departments to the Ministry of Foreign Affairs for registration.Article
10If the two contracting parties need to go through different domestic legalprocedures for the entry into force of the same treaty
or agreement, thesaid treaty or agreement shall enter into force after the accomplishmentby the two parties of their respective
legal procedures and the mutualnotification by diplomatic notes.After the signing of the treaties and agreements listed in the
precedingparagraph, the formalities of ratification, approval, entry on the recordor registration shall be executed as the case
requires in accordance withArticles 7, 8 or 9 of this Law. The formalities of notification by noteshall be completed by the Ministry
of Foreign Affairs.Article 11The decision to accede to multilateral treaties or agreements shall bemade by the Standing Committee
of the National People’s Congress or theState Council as the case requires. The procedures for acceding tomultilateral
treaties and agreements shall be as follows:(1) to accede to a multilateral treaty or an important multilateralagreement listed
in Paragraph 2, Article 7 of this Law, the Ministry ofForeign Affairs or the department concerned under the State Council
inconjunction with the Ministry of Foreign Affairs shall make arecommendation after examination and submit it to the
State Council forexamination and verification; the State Council shall then refer it to theStanding Committee of the National
People’s Congress for decision onaccession. The instrument of accession shall be signed by the Minister ofForeign Affairs,
and the specific formalities executed by the Ministry ofForeign Affairs;(2) to accede to a multilateral treaty or agreement
other than thoselisted in Paragraph 2, Article 7 of this Law, the Ministry of ForeignAffairs or the department concerned under
the State Council in conjunctionwith the Ministry of Foreign Affairs shall make a recommendation afterexamination and submit
it to the State Council for decision on accession.The instrument of accession shall be signed by the Minister of ForeignAffairs,
and the specific formalities executed by the Ministry of ForeignAffairs.Article 12The decision to accept a multilateral treaty or
an agreement shall be madeby the State Council.In the case of a multilateral treaty or agreement containing clauses ofacceptance
which is signed by the Chinese representative or does notrequire any signature, the Ministry of Foreign Affairs or the departmentconcerned
under the State Council in conjunction with the Ministry ofForeign Affairs shall make a recommendation after examination and
submitit to the State Council for decision on acceptance. The instrument ofacceptance shall be signed by the Minister of Foreign
Affairs, and thespecific formalities executed by the Ministry of Foreign Affairs.Article 13A bilateral treaty or agreement concluded
by the People’s Republic ofChina with a foreign state shall be done in the Chinese language and theofficial language of the
other contracting party, both texts being equallyauthentic. When necessary, a text in the language of a third state agreedupon by
the two contracting parties may be executed in addition as athird, equally authentic, official text or an unofficial
text forreference. It may be stipulated by agreement of the two contractingparties that the third text shall prevail
in case of divergence ofinterpretation of the treaty or agreement.For agreements on specific lines of business and treaties
and agreementsconcluded with international organizations, a single language fairlycommonly used internationally may also
be used by agreement of the twocontracting parties or in accordance with the provisions of theconstitutions of the
international organizations concerned.Article 14Signed originals of bilateral treaties and agreements concluded in thename of
the People’s Republic of China or the Government of the People’sRepublic of China and copies of multilateral treaties and
agreementscertified as true by the depositary states or international organizationsconcerned shall be deposited with the Ministry
of Foreign Affairs. Signedoriginals of bilateral agreements concluded in the name of thegovernmental departments of
the People’s Republic of China shall bedeposited with these departments.Article 15A treaty or an important agreement of which
the Standing Committee of theNational People’s Congress has decided on ratification or accession shallbe published in the bulletin
of the Standing Committee of the NationalPeople’s Congress. The measures for publishing other treaties andagreements
shall be made by the State Council.Article 16Treaties and agreements concluded by the People’s Republic of China shallbe compiled
by the Ministry of Foreign Affairs into a collection of theTreaties of the People’s Republic of China.Article 17Treaties and agreements
concluded by the People’s Republic of China shallbe registered with the Secretariat of the United Nations by the Ministryof Foreign
Affairs in accordance with the relevant provisions of theUnited Nations Charter. Treaties and agreements concluded by the
People’sRepublic of China that require registration with other internationalorganizations shall be registered by the Ministry
of Foreign Affairs orthe departments concerned under the State Council in accordance with therespective constitutions of the
international organizations.Article 18The procedures for the conclusion of a treaty or an agreement with aninternational organization
by the People’s Republic of China shall followthis Law and the constitution of the relevant international organization.Article 19The
procedures for amendment to, abrogation of and withdrawal fromtreaties and agreements concluded by the People’s Republic
of China shallfollow mutatis mutandis the procedures for the conclusion of the treatiesand agreements in question.Article 20The
State Council may make regulations in accordance with this Law for itsimplementation.Article 21This Law shall enter into force as
of the date of promulgation.

INTERIM REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE ASSIGNMENT AND TRANSFER OF THE USE RIGHT OF THE STATE-OWNED LAND IN CITIES AND TOWNS

State Council

Interim Regulations of the People’s Republic of China concerning the Assignment and Transfer of the Use Right of the State-owned Land
in Cities and Towns

No.55 Order of the State Council

May 19,1990

Chapter I General Provisions

Article 1 .

These Regulations are formulated in order to reform the system of using the State-owned land in the cities and towns, rationally
develop, utilize and manage the land, strengthen the land administration and promote the urban construction and economic development.

Article 2 .

The State, in accordance with the principle of separating the ownership right and the use right, , implements the system of assignment
and transfer the use right of the State-owned land in the cities and towns,, but the underground resources, the objects buried underground,
and the municipal public facilities shall be excluded .

The term “State-owned land in the cities and towns as used in preceding paragraph refers to the land owned by the whole people (hereinafter
referred to as the land) within the boundaries of cities, county towns, towns/bases operated under an organizational system and industrial
and mining districts .

Article 3 .

Any company, enterprise, other organization and individual of the People’s Republic of China within or outside the territory may,
unless otherwise provided by law, obtain the land use right and engage in land development, utilization and management in accordance
with the provisions of these Regulations.

Article 4 .

Users of the land who have obtained the land use right in accordance with these Regulations may, within the term of land use, transfer,
lease, or mortgage the land use right or use it for other economic activities, and their lawful rights and interests shall be protected
by the laws of the State.

Article 5 .

Users of the land shall, in their activities to develop, utilize and manage the land, abide by the laws and regulations of the state
and may not jeopardize the interests of the society and the public.

Article 6 .

The land administrative departments under the people’s governments at or above the county level shall conduct supervision and inspection,
according to law, over the assignment, transfer, lease, mortgage and termination of the land use right.

Article 7 .

The registration of the assignment, transfer, lease, mortgage and termination of the use right and the registration of the relevant
above-ground buildings and other attached objects shall be handled by the land administration department and house property administration
departments of the government in accordance with the law and pertinent regulations of the State Council.

THE registration documents shall be made available for public reference.

Chapter II The Assignment of the Land Use Right

Article 8 .

The assignment of the land use right refers to the action that the State as the owner of the land , within the term of a certain
number of years, assigns the land use right to the land users, and the land user pay the assignment fees for the land use right
to the State.

An assignment contract shall be signed for assigning the land use right.

Article 9 .

People’s governments at the municipal and county levels shall be in charge of assignment for the land use right , which shall be effected
in a planned, step-by-step way.

Article 10 .

The land administration departments under the people’s governments at the municipal and county levels shall, in conjunction with the
administrative departments for urban planning and construction and the housing property administration departments, draw up a plan
concerning the size and location, the purposes, the term, and other conditions with respect to the assigning the land use right .
After the plan is approved in accordance with the limits of approval authority stipulated by the State Council the land administration
departments shall be responsible for the implementation. .

Article 11 .

The contract for assigning the land use right shall be signed between the land administration departments under the people’s governments
at the municipal and county levels (hereinafter referred to as “the assigning party~) and the land users in accordance with the principle
of equality, voluntariness and compensation for use.

Article 12 .

The maximum term with respect to the assigned land use right shall be determined respectively in the light of the purposes listed
below:

(1)

70 years for residential purposes;

(2)

50 years for industrial purposes;

(3)

50 years for the purposes of education, science, culture, public health and physical education;

(4)

40 years for commercial, tourist and recreational purposes; and

(5)

50 years for comprehensive utilization or other purposes.

Article 13 .

The assignment of the land use right may be carried out by the following means:

(1)

by reaching an agreement through consultations;

(2)

by invitation to bid; or

(3)

by auction.

(4)

The specific procedures and steps for assigning the land use right by the means stipulated in preceding paragraphs shall be formulated
by the people’s government of relevant province, autonomous region, or municipality directly under the Central Government.

Article 14 .

The land user shall, within 60 days after signing the contract for the assignment of the land use right , pay the total amount of
the assignment fee thereof, failing to pay the total amount exceed the time limit, the assigning party shall have the right to terminate
the contract and may claim compensation for breach of contract.

Article 15 .

The assigning party shall, in compliance with the stipulations of the contract, provide the assigned land use right , failing to provide
the land use right according to contract , the land user shall have the right to terminate the contract and may claim compensation
for breach of contract.

Article 16 .

After paying the total amount of the assignment fee for the land use right , the land user shall, in accordance with the relevant
provisions, go through the registration thereof, obtain the certificate for land use and accordingly get the land use right .

Article 17 .

The land user shall, in conformity with the stipulations of the contract for the assignment of the land use right and the requirements
of city planning, develop, utilize and manage the land.

Should any land user fail to develop and utilize the land in accordance with the period of time specified in the contract and the
conditions therein, the land administration departments under the people’s governments at the municipal and county levels shall make
corrections and, in light of the seriousness of the case, give such penalties as a warning, a fine or, in an extreme case, with drawing
the land use right without compensation.

Article 18 .

If the land user needs to alter the use purposes of the land as stipulated in the contract for assigning the land use right , he
shall obtain the consent of the assigning party and the approval of the land administration department and the urban planning department
and shall, in accordance with the relevant provisions in this Chapter, sign a new contract for assigning the land use right , readjust
amount of the assignment fee thereof, and undertake registration anew.

Chapter III The Transfer of the Land Use Right

Article 19 .

The transfer of the land use right refers to the land user’s action of re-assigning the land use rights , including the sale, exchange,
and donation thereof.

If the land has not been developed and utilized in accordance with the period of time specified in the assignment contract and the
conditions therein, the land use right thereof may not be transferred.

Article 20 .

A transfer contract shall be sighed for the transfer of the land use right .

Article 21 .

With the transfer of the land use right , the rights and obligations specified in the contract for assigning the land use right and
in the registration documents shall be transferred accordingly.

Article 22 .

The land user who has acquired the land use right by means of the transfer thereof shall have a term of use which is the remainder
of the term specified in the contract for assigning the land use right minus the number of the years in which the original land
user has used the land.

Article 23 .

With the transfer of the land use right , the ownership of the above-ground buildings and other attached objects shall be transferred
accordingly.

Article 24 .

The owners or joint owners of the above-ground buildings and other attached objects shall have the land use right within use scope
of the said buildings and objects.

With the transfer of the ownership of the above-ground buildings and other attached objects by the land users, the land use right
within use scope of the said buildings and objects shall be transferred accordingly, but except the transfer of the above-ground
buildings and other attached objects as the chattel. .

Article 25 .

With respect to the transfer of the land use right and the ownership of the above-ground buildings and other attached objects, registration
for the transfer shall be undertaken in accordance with the relevant provisions.

Divided transfer of the land use right and the ownership of the above-ground buildings and other attached objects shall be subject
to the approval of the land administration department and the housing property administration departments under the people’s governments
at the municipal and country levels, and registration for the divided transfer shall be undertaken in accordance with the relevant
provisions.

Article 26 .

When the price for transfer of the land use right is obviously lower than the prevailing market price, the people’s governments
at the municipal and county levels shall have the priority of the purchase right thereof.

When the market price for the transfer of the land use right rises to an unreasonable extent, the people’s governments at the municipal
and county levels may take necessary measures to cope with it.

Article 27 .

If, after the transfer of the land use right , necessity arises for altering the use purposes of the land as stipulated in the contract
for assigning the land use right , it shall be handled in accordance with the provisions in Article 18 of these Regulations.

Chapter IV The Lease of the Land Use Right

Article 28 .

The lease of the land use right refers to the action of the land user as the lessor to lease the land use right together with the
above-ground buildings and other attached objects to the lessee for use who shall in turn pay lease rentals to the lessor.

If the land has not been developed and utilized in accordance with the period of time specified in the assignment contract and the
conditions therein, the land use right may not be leased.

Article 29 .

A lease contract shall be signed for leasing the land use right between the lessor and the lessee.

The lease contract shall not run counter to the laws and regulations of the State and the stipulations of the contract for assigning
the land use right .

Article 30 .

After leasing the land use right , the lessor must continue to perform the contract for assigning the land use right .

Article 31 .

With respect to the lease of the land use right together with the above-ground buildings and other attached objects, the lessor shall
undertake registration in accordance with the relevant provisions.

Chapter V The Mortgage of the Land Use Right

Article 32 .

The land use right may be mortgaged.

Article 33 .

With the mortgage of the land use right , the above-ground buildings and other attached objects thereon shall be mortgaged accordingly.

With the mortgage of above-ground buildings and other attached objects, the land use right within the use scope s shall be mortgaged
accordingly.

Article 34 .

A mortgage contract shall be signed for mortgaging the land use right between the mortgagor and the mortgagee.

The mortgage contract shall not run counter to the laws and regulations of the State and the stipulations of the contract for assigning
the land use right .

Article 35 .

With respect to the mortgage of the land use right together with the above-ground buildings and other attached objects, registration
for the mortgage shall be undertaken in accordance with the relevant provisions.

Article 36 .

If the mortgagor fails to fulfil the liabilities within the prescribed period of time or declares dissolution or bankruptcy within
the term of the mortgage contract, the mortgagee shall have the right to dispose the mortgaged property in accordance with the laws
and regulations of the State and the stipulations of the mortgage contract.

With respect to the land use right and the ownership of the above-ground buildings and other attached objects acquired as a result
of the dispose the mortgaged property, the transfer registration shall be undertaken in accordance with the relevant provisions.

Article 37 .

The mortgagee shall have the priority right of compensation with respect to the receipts resulting from the disposal of the mortgaged
property.

Article 38 .

If the mortgage right is eliminated as a result of the liquidation of liabilities or for other reasons, the procedures shall be undertaken
to cancel the mortgage registration.

Chapter VI The Termination of the Land Use Right

Article 39 .

The land use right shall be terminated for such reasons as the expiration of the term of the land use right as stipulated in the
contract for assigning the land use right , the withdrawal of the right before the expiration, or the loss of the land.

Article 40 .

Upon expiration of the term of the land use right, the land use right and the ownership of the above-ground buildings and other attached
objects thereon shall be acquired by the State without compensation. The land user shall surrender the certificate for land use and
undertake procedures to nullify the registration.

Article 41 .

Upon expiration of the term of the land use right, the land user may apply for its renewal of term. Where such a renewal is necessary,
a new contract shall be signed in accordance with the provisions in Chapter II of these Regulations and the land user shall pay the
assignment fee for the land use right and undertake the formalities of registration.

Article 42 .

The State shall not, before the expiration of the term, withdraw the land use right which the land user acquired in accordance with
the law. Under special circumstances, the State may, based on the requirements of social public interests, withdraw the land use
right before the expiration of the term according to the relevant legal procedures and shall based on the number of years in which
the land user has used the land and the actual state of affairs with respect to the development and utilization of the land, offer
corresponding compensation.

Chapter VII The Allocated Land Use Right

Article 43 .

The allocated land use right refers to the land use right which the land user acquires in accordance with the law, by various means,
and without compensation.

The land user referred to in the preceding paragraph shall pay the land use tax in accordance with the provisions of the Interim
Regulations of the People’s Republic of China Concerning the Land Use Tax in the Cities and Towns.

Article 44 .

The allocated land use right may not be transferred, leased, or mortgaged, with the exception of cases as specified in Article 45
of these Regulations.

Article 45 .

On condition that the following requirements are satisfied, the allocated land use right and the ownership of the above-ground buildings
and other attached objects may, subject to the approval of the land administration departments and the housing property administration
departments under the people’s governments at the municipal and county levels, be transferred, leased or mortgaged:

(1)

The land users are companies, enterprises, or other economic organizations, or individuals;

(2)

A certificate for the use of state-owned land had been obtained;

(3)

Possessing legitimate certificates of property rights to the above-ground buildings and other attached objects; and

(4)

A contract for assigning the land use right is signed in accordance with the provisions in Chapter II of these Regulations and the
land user makes up for the payment of the assignment fee to the local municipal or county people’s government or uses the proceeds
resulting from the transfer, lease or mortgage to pay the assignment fee.

The transfer, lease or mortgage of the allocated land use right referred to in preceding paragraphs shall be handled respectively
in accordance with the provisions in Chapters III, IV and V of these Regulations.

Article 46 .

Any units or individuals that transfer, lease or mortgage the allocated land use right without authorization shall have their illegal
incomes thus secured confiscated by the land administration departments under the people’s governments at the municipal and county
levels and shall be fined in accordance with the seriousness of the case.

Article 47 .

If the land user who has acquired the allocated land use right without compensation stops the use thereof as a result of moving to
another site, dissolution, disbandment, or bankruptcy or for other reasons, the municipal or county people’s government shall withdraw
the allocated land use right without compensation and may assign it in accordance with the relevant provisions of these Regulations.

The municipal or county people’s government may, based on the needs of urban construction and development and the requirements of
urban planning, withdraw the allocated land use right without compensation and may assign it in accordance with the relevant provisions
of these Regulations.

When the allocated land use right is withdrawn without compensation, the municipal or county people’s government shall, in the light
of the actual state of affairs, give proper compensation for the above-ground buildings and other attached objects thereon.

Chapter VIII Supplementary Provisions

Article 48 .

The land use right may be inherited if it is acquired by individuals in accordance with the provisions of these Regulations.

Article 49 .

The land user shall pay tax in accordance with the provisions of the taxation laws and regulations of the State.

Article 50 .

Fees collected by assigning the land use right in accordance with these Regulations shall be included in the fiscal budget and managed
as a special fund, which shall be used mainly for urban construction and land development. The specific measures for the use and
management of the fund shall be separately prescribed by the Ministry of Finance.

Article 51 .

The people’s governments of various provinces, autonomous regions and municipalities directly under the Central Government shall,
in accordance with the Provisions of these Regulations and with the actual state of affairs in their respective localities, select
some cities or towns where the conditions are relatively ripe as their pilot testing grounds.

Article 52 .

With respect to foreign investors engaging in developing and managing tracts of land, the administration of the land use right shall
be effected in accordance with the relevant provisions of the State Council.

Article 53 .

The State Administration for Land Uses shall be responsible for the interpretation of these Regulations; the measures for the implementation
thereof shall be formulated by the people’s governments of the provinces, autonomous regions and municipalities directly under the
Central Government.

Article 54 .

These Regulations shall be implemented as of the date of promulgation.

State Council
1990-05-19

PROTECTION OF MILITARY INSTALLATIONS

Law of the People’s Republic of China on the Protection of Military Installations

CHAPTER I GENERAL PROVISIONS

CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES

CHAPTER III PROTECTION OF THE MILITARY RESTRICTED ZONES

CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES

CHAPTER V PROTECTION OF MILITARY INSTALLATIONS NOT INCLUDED IN THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES

CHAPTER VI ADMINISTRATIVE DUTY

CHAPTER VII LEGAL RESPONSIBILITY CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 1 This Law is formulated in accordance with the Constitution of the People’s Republic of China for the purpose of protecting the safety
of military installations, ensuring the effective utilization of military installations and normal performance of military activities,
promoting modernization of national defence, strengthening national defence and resisting aggression.

Article 2 The term “military installations” referred to in this Law denotes the following buildings, sites and equipment used by the State
directly for military purposes:

(1) Command organs, ground and underground command structures and operations structures;

(2) Military airfields, harbours and docks;

(3) Barracks, training grounds and testing grounds;

(4) Military cave storehouses and warehouses;

(5) Military communication stations, reconnaissance stations, navigation stations, observation posts, survey markers, navigation markers
and navigation aid markers;

(6) Special military highways and railways, military communication lines and transmission lines, military oil and water pipelines;
and

(7) Other military installations as prescribed by the State Council and the Central Military Commission.

Article 3 People’s governments and military organs at all levels shall, in the interests of national security, jointly protect military installations
and safeguard the interests of national defence.

The Headquarters of the General Staff of the People’s Liberation Army shall, under the leadership of the State Council and the Central
Military Commission, be in charge of the protection of military installations throughout the country. The headquarters of military
area commands shall be responsible for the work of protecting the army, navy and air force military installations in their respective
areas.

In places where there are military installations, the military organs concerned and the people’s governments at or above the county
level shall cooperate with each other in coordinating, supervising and inspecting the work of protecting military installations.

Article 4 All organizations and citizens of the People’s Republic of China shall have the duty to protect military installations.

The damaging or endangering of military installations by any organization or individual shall be prohibited.

Any organization or individual shall have the right to report on, and make charges against, any act that damages or endangers military
installations.

Article 5 The State shall implement a policy of giving protection to military installations according to their categories and with emphasis
on key projects.

Article 6 Where military installations are to be converted to civilian use, or where military airfields, harbours and docks are to be jointly
used for military and civilian purposes, any such change shall be subject to the approval of the State Council and the Central Military
Commission.

CHAPTER II DESIGNATION OF THE MILITARY RESTRICTED ZONES AND THE MILITARY

Article 7 The State shall designate military restricted zones and military administrative zones respectively in accordance with the nature,
the function, the security requirements and the requirements for effective utilization of military installations. Measures shall
also be taken for the protection of the military installations not included in the military restricted zones and the military administrative
zones.

Article 8 The military restricted zones and the military administrative zones shall be determined by the State Council and the Central Military
Commission, or by military area commands in accordance with the stipulations of the State Council and the Central Military Commission.

Article 9 The limits of the land and water military restricted zones and military administrative zones shall be jointly designated by military
area commands and people’s governments of provinces, autonomous regions and municipalities directly under the Central Government,
or by military area commands and people’s governments of provinces, autonomous regions, municipalities directly under the Central
Government and the relevant departments of the State Council. The limits of the military restricted airspace and the land and water
military restricted zones of utmost importance shall be designated by the State Council and the Central Military Commission.

The military restricted zones and the military administrative zones jointly designated by the armed forces and local people’s governments
prior to the implementation of this Law need not be redesignated if they are in conformity with the relevant stipulations of the
State Council and the Central Military Commission.

Article 10 Any cancellation or change of the military restricted zones and the military administrative zones shall be handled according to the
procedures prescribed in Article 8 of this Law.

Any adjustment of the limits of the military restricted zones and the military administrative zones shall be handled according to
the procedures prescribed in paragraph 1, Article 9 of this Law.

Article 11 The designation and adjustment of the limits of the military restricted zones and the military administrative zones shall, on the
premise of ensuring the security and effective utilization of military installations, take account of economic construction, protection
of natural environment and the production and livelihood of the local population.

Article 12 Where it is necessary to requisition land, woodland, grassland, water surface and beaches for the designation or expansion of the
limits of the military restricted zones and the military administrative zones, it shall be handled in accordance with the provisions
of relevant laws and regulations.

Article 13 When drawing up programmes for economic and social development, the local people’s governments at or above the county level shall
take into account the requirements for the protection of military installations and solicit opinions from the military organs concerned.
When planning construction projects or developing new tourist attractions, the same shall see that they are not located in the vicinity
of military installations. If it is not possible to do so and it is necessary to dismantle military installations or to convert them
to civilian use, the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government
shall consult with military authorities at the military area command level and submit a report to the State Council and the Central
Military Commission for approval.

CHAPTER III PROTECTION OF THE MILITARY RESTRICTED ZONES

Article 14 The units in charge of the military restricted zones shall, on the basis of specific conditions and in accordance with the designated
limits of the zones, put up enclosing walls and barbed wire fences for the land military restricted zones and set up barriers or
boundary markers for the military restricted waters.

Article 15 Entry into the land and water military restricted zones by personnel, vehicles and vessels other than those belonging to the units
in charge of the zones shall be prohibited. No photographing, video- taping, recording, reconnoitering, surveying, drawing or describing
of the restricted zones shall be allowed, except with the approval of the military organs at or above the military area command level.

Entry into the military restricted airspace by airborne devices shall be prohibitied, except as otherwise authorized by relevant state
provisions.

Use of materials from photographing, video-taping, recording, reconnoitering, surveying, drawing and describing of the military restricted
zones shall be subject to examination and approval by the military authorities at or above the military area command level.

Article 16 In accordance with the requirements for protecting military installations in a restricted zone, a security control area, when necessary,
may be jointly designated in a specific area surrounding the restricted zone at the time of the joint designation of the zone itself
by military area commands and people’s governments of provinces, autonomous regions and municipalities directly under the Central
Government, or by military area commands and people’s governments of provinces, autonomous regions, municipalities directly under
the Central Government and the relevant departments of the State Council, and security warning markers may be set up at the perimeter
of the security control area. The sites for setting up security warning markers shall be determined by the unit in charge of the
military restricted zone and the local people’s government at or above the county level.

Article 17 In the security control areas surrounding the military restricted zones, the local people may carry on their normal life and productive
activities, but may not engage in demolishing, shooting and other activities that endanger the safety and effective utilization of
military installations.

CHAPTER IV PROTECTION OF THE MILITARY ADMINISTRATIVE ZONES

Article 18 The units in charge of the military administrative zones shall, in accordance with the designated limits of the zones, put up enclosing
walls, barbed wire fences or boundary markers for the military administrative zones.

Article 19 No personnel, vehicles and vessels other than those belonging to the unit in charge of the military administrative zone may enter
the military administrative zone without permission of the unit in charge.

Article 20 Measures for the administration of the airfields, harbours and docks that are designated as military administrative zones and jointly
used for military and civilian purposes shall be formulated by the State Council and the Central Military Commission.

CHAPTER V PROTECTION OF MILITARY INSTALLATIONS NOT INCLUDED IN THE MILITARY RESTRICTED ZONES AND THE MILITARY ADMINISTRATIVE ZONES

Article 21 The units in charge of military installations shall adopt measures for the protection of the military installations not included
in the military restricted zones and the military administrative zones. The administrative units of the armed forces at or above
the regimental level may entrust local people’s governments with the protection of the military installations.

Article 22 Stone-quarrying, earth-gathering and demolishing carried out within a certain distance of the military installations not included
in the military restricted zones and the military administrative zones may not endanger the safety and effective utilization of the
military installations.

Article 23 The units in charge of military installations and the local people’s governments at or above the county level shall formulate specific
measures for the protection of the military installations in the military restricted zones and the military administrative zones
as well as the installations not included in the military restricted zones and the military administrative zones. Such specific measures
may be publicly announced for enforcement.

Article 24 Military organs at all levels shall strictly perform their functions and duties to protect military installations, educate the armymen
to take good care of military installations, guard secrets about military installations, formulate rules and regulations for the
protection of military installations, supervise and inspect the protection work of military installations and settle any problems
arising therefrom.

Article 25 The authorities in charge of military installations shall strictly implement the relevant rules and regulations for the protection
of military installations, set up files on military installations and carry out inspections and ensure the maintenance of military
installations.

Article 26 The units in charge of the military restricted zones and the military administrative zones shall, in accordance with the provisions
of relevant laws and regulations, protect the natural resources and cultural relics in the military restricted zones and the military
administrative zones.

Article 27 The units in charge of military installations shall, when necessary, provide the local people’s governments at or above the county
level with the data on the location of the military underground and underwater cables and pipelines. The local people’s governments
shall protect the military underground and underwater cables and pipelines when undertaking construction.

Article 28 People’s governments at all levels shall strengthen education in national defence among the citizens, heighten their sense of national
defence and educate them to protect military installations, guard secrets about military installations and stop any acts that damage
or endanger military installations.

Article 29 Where it is necessary for the public security organs to assist in the maintenance of security and administrative order in the military
restricted zones and the military administrative zones, public security organizations may be set up by the decision of the State
Council and the Central Military Commission or with approval by the public security departments of provinces, autonomous regions
and municipalities directly under the Central Government following application submitted by the relevant military organs.

Article 30 The personnel on duty of the unit in charge of military installations shall stop any person who commits any of the following acts
in violation of the provisions of this Law:

(1) Illegally entering the military restricted zone;

(2) Illegally photographing, video-taping, recording, reconnoitering, surveying, drawing or describing within the military restricted
zone or the security control area surrounding the restricted zone;

(3) Engaging in activities that damage or endanger military installations.

For persons who commit any act listed in the preceding paragraph and refuse to be stopped, the personnel on duty of the unit in charge
of military installations may, in accordance with relevant regulations of the State, use necessary compulsory means to stop them,
or, in emergency cases where the security of military installations or the lives of the personnel on duty are endangered, resort
to arms.

Article 31 Any person who commits any of the following acts shall be investigated for criminal responsibility in accordance with the relevant
provisions of the Criminal Law:

(1) Damaging military installations;

(2) Stealing, seizing or robbing equipment, goods or materials of military installations;

(3) Divulging the secrets of military installations, or stealing, spying on, buying or illegally providing secrets on military installations
for agencies, organizations or individuals abroad.

Article 32 Any person who commits any of the following acts shall be punished in the light of the stipulations of Article 19 of the Regulations
on Administrative Penalties for Public Security:

(1) Illegally entering the military restricted zone and refusing to be stopped;

(2) Engaging in activities that endanger the security and effective utilization of military installations in the security control
area surrounding the military restricted zone or within a certain distance of the military installations not included in the military
restricted zone or the military administrative zone, and refusing to be stopped;

(3) Destroying the enclosing walls, barbed wire fences or boundary markers of the military restricted zone or the military administrative
zone.

Article 33 In case of disturbance of the administrative order in the military restricted zones and the military administrative zones, the principal
culprits and persons held directly responsible shall, when the case is serious, be investigated for criminal responsibility in the
light of the stipulations of Article 158 of the Criminal Law, or when the case is not so serious as to be considered as a penal offence,
be punished in the light of the stipulations of Article 19 of the Regulations on Administrative Penalties for Public Security.

Article 34 Persons who engage in illegal photographing, video-taping, recording, reconnoitering, surveying, drawing or describing in the military
restricted zones and refuse to be stopped shall either be punished in the light of the stipulations of Article 19 of the Regulations
on Administrative Penalties for Public Security or have their equipment and instrument confiscated. When the case is serious, they
shall be investigated for criminal responsibility in the light of the stipulations of Article 158 of the Criminal Law.

Article 35 Servicemen and permanent workers and staff of the armed forces who commit any of the following acts shall be investigated for criminal
responsibility in accordance with the relevant stipulations of the Interim Regulations on Punishment for Offences in Violation of
Duties by Military Personnel; if the case is not so serious as to be considered a penal offence, they shall be subjected to military
disciplinary sanctions:

(1) Damaging military installations;

(2) Stealing the equipment, goods and materials of military installations;

(3) Divulging the secrets of military installations;

(4) Leaving post without permission or committing dereliction that causes damage to military installations or other consequences.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 36 Measures for implementation shall be formulated in accordance with this Law by the State Council and the Central Military Commission.

Article 37 This law shall go into effect on August 1, 1990.

CITY PLANNING LAW

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, promulgated
by order No.23 of the President of the People’s Republic of China on December 26, 1989, and effective as of April 1, 1990)

CONTENTS

CHAPTER 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 hierachical 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 hierachical 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.

CITY PLANNING LAW OF THE PEOPLE’S REPUBLIC OF CHINA