Regulations of Shanghai Municipality on Urban and Rural Planning

Regulations of Shanghai Municipality on Urban and Rural Planning

Announcement of Standing Committee of Shanghai Municipal People's Congress No.28

November 11, 2010

(Regulations of Shanghai Municipality on Urban and Rural Planning adopted at the 22nd Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on November 11, 2010 are hereby promulgated shall be effective as of January 1, 2011)

Regulations of Shanghai Municipality on Urban and Rural Planning

(adopted at the 22nd Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on November 11, 2010)

Chapter I General Provisions
　
Article 1 With a view to strengthening the administration on urban and rural planning, arranging the urban and rural spatial distribution in an overall manner, improving the living environment, and promoting an overall, coordinated and sustainable development of urban and rural economy and society, these Regulations are formulated in accordance with the City Planning Law of the People's Republic of China, and relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
　
Article 2 These Regulations apply to the formulation, implementation, amendment, supervision and inspection of urban and rural planning, and relevant urban and rural construction activities.
　
Article 3 The formulation and implementation of urban and rural planning shall take the construction of an international metropolis with prosperous economy, civilized society, and beautiful environment, and the construction of an international economic, financial, trade, and shipping center as the goal, bring the function of guidance, regulation and control of urban and rural planning into play, stick to the people-orientation policy, take the urban development factors including economy, society, population, resources, and environment into comprehensive consideration, and balance the urban and rural development, the regional development, the economic and social development, the harmonious development between people and nature, and the domestic development and the opening-up.
The formulation and implementation of the central urban planning shall be integrated with the purposes of easing the population, enhancing the functions, improving the environment, and optimizing the landscapes, so as to increase the public greenery coverage and public spaces, and control the building capacity and the high-rise building construction.
The formulation and implementation of the rural planning shall promote the coordinated development between urban and rural areas, reasonably define the layout and scale of rural towns, and lay emphasis on developing new cities and new towns, so as to guide the suburban industries to industrial parks, the population to towns, and the land resources to scaled operation.
　
Article 4 The urban and rural planning shall be established in accordance with the national economic and social development plan, and be linked up with the overall land use planning.
　
Article 5 The urban and rural planning approved in accordance with the law is the basis for urban and rural construction and the planning management, and can not be amended without going through legal procedures.
All units and individuals shall abide by the urban and rural planning approved and published in accordance with the law.
　
Article 6 The urban and rural planning shall be carried out under a unified leadership, unified planning, unified standards and decentralized administration.
The Municipal People's Government leads the urban and rural planning work of the whole Municipality. The district/county people's governments are responsible for the urban and rural planning work within their respective administrative areas in accordance with the authorities as provided.
The municipal administrative department of planning is responsible for the urban and rural planning management work of this Municipality. The district/county administrative departments of planning are responsible for the urban and rural planning management work within their respective administrative areas in accordance with the authorities as provided, and shall be, in the performance of technical affairs, under the leadership of the municipal administrative department of planning.
　
Article 7 The Municipal People's Government shall establish the Municipal Planning Committee. The Municipal Planning Committee is a consultative and coordinating organ which is responsible for deliberating and coordinating the important matters in the formulation and implementation of urban and rural planning, and providing reference opinions for the Municipal People's Government in making decisions.
The draft of the urban comprehensive planning or other urban and rural planning that is examined and approved by the Municipal People's Government and the soliciting and adoption situation of relevant opinions shall be deliberated by the Municipal Planning Committee before submitting for examination and approval.
　
Article 8 The municipal and district/county people's governments shall report the situation of formulating, amending, implementing, supervising and inspecting the urban and rural planning to the people's congress at the same level or the corresponding standing committee every year; a timely report is required in case of important situation.
　
Article 9 The people's governments and the administrative departments of planning at all levels shall establish the public participation system for urban and rural planning affairs. The formulation, implementation and modification of urban and rural planning shall fully solicit the opinions of the experts and general public.
　
Article 10 The people's governments at all levels shall bring the funds for the establishment and management of urban and rural planning into the financial budget of the same level.
The municipal administrative department of planning shall formulate and improve the technical norms for urban and rural planning management, so as to provide technical support for urban and rural planning management.
　
Article 11 The municipal and district/county administrative departments of planning shall establish a unified public information platform to disclose the government information on urban and rural planning, except for the information that can not be disclosed by law.
The municipal administrative department of planning shall establish the planning management information system to realize the sharing of information among relevant administrative departments, and raise the efficiency of urban and rural planning management work.

Chapter II Formulation of the Urban and Rural Planning
　
Article 12 The establishment of urban and rural planning shall be organized in accordance with the following provisions:
1. the urban comprehensive planning shall be established for the administrative area of this Municipality;
2. on the basis of the urban comprehensive planning, the district planning shall be established for the central urban area, and the suburban district/county comprehensive planning shall be established for suburban areas;
3. the unit planning shall be established on the basis of the district planning of the central urban area, and the new city/town comprehensive planning shall be established on the basis of the suburban district/county comprehensive planning; and
4. the regulatory plan shall be established on the basis of the unit planning, and the regulatory plan and village planning shall be established on the basis of the new city/town comprehensive planning; the site plan may be established for the purpose of carrying out the regulatory plan.
The unit planning and the regulatory plan of special regions designated by the Municipal People's Government including the areas along the Huangpu River, the areas along the Suzhou River, the Sheshan National Tourist Resort, and the Dianshan Lake Scenic Area, shall be established on the basis of the relevant urban and rural planning.
　
Article 13 The establishment of the urban comprehensive planning of Shanghai shall be organized by the Municipal People's Government, and the urban comprehensive planning shall be reported to the State Council for examination and approval. The urban comprehensive planning shall be deliberated by the Standing Committee of the Municipal People's Congress before submitted for examination and approval, and the opinions of the members of the Standing Committee shall be forwarded to the Municipal People's Government for study and handling. The Municipal People's Government shall report to the Standing Committee of the Municipal People's Congress the adoption situation of the deliberation opinions, and shall state the reasons for those not adopted.
The established urban comprehensive planning shall make clear the establishment scope and the corresponding requirements for the district planning of the central urban area and the suburban district/county comprehensive planning.
　
Article 14 The establishment of the district planning of the central urban area shall be organized by the municipal administrative department of planning jointly with relevant district people's governments, and the district planning shall be reported to the Municipal People's Government for examination and approval.
The establishment of the suburban district/county comprehensive planning shall be organized by the district/county people's government jointly with the municipal administrative department of planning, and the suburban district/county comprehensive planning shall be reported to the Municipal People's Government for examination and approval. The suburban district/county comprehensive planning shall be deliberated by the standing committee of the district/county people's congress before submitted for examination and approval, and the opinions of the members of the standing committee shall be forwarded to the district/county people's government for investigation and handling.
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