Highway Law of the People's Republic of China (Amended in 2017)
Highway Law of the People's Republic of China (Amended in 2017)
Highway Law of the People's Republic of China (Amended in 2017)
Order of the President of the People's Republic of China No.81
November 4, 2017
(Adopted at the 26th session of the Standing Committee of the 8th National People's Congress on July 3, 1997; amended for the first time according to the Decision on Revising the Highway Law of the People's Republic of China passed at the 12th Session of the Standing Committee of the 9th National People's Congress on October 31, 1999; amended for the second time according to the Decision on Amending the Highway Law of the People's Republic of China passed at the 11th Session of the Standing Committee of the 10th National People's Congress on August 28, 2004; amended for the third time according to the Decision on Amending Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the fourth time according to the Decision on Revising Twelve Laws including the Foreign Trade Law of the People's Republic of China passed at the 24th Session of the Standing Committee of the 12th National People's Congress on November 7, 2016; and amended for the fifth time according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Table of Contents
Chapter I General Provisions
Chapter II Highway Planning
Chapter III Construction of Highways
Chapter IV Maintenance of Highway Roads
Chapter V Road Administration
Chapter VI Toll Highways
Chapter VII Supervision and Checking
Chapter VIII Legal Liabilities
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 The law is made to strengthen the construction and management and stimulate the development of highways so as to make their development to adapt to the need of socialist modernization and people's daily living.
Article 2 The law is applicable to the planning, construction, maintenance, operation, use and management of highways inside the territory of the People's Republic of China.
The word "highways" in this law includes facilities such as bridges, tunnels and ferries for the highways.
Article 3 The development of highways in the country shall follow the principles of comprehensive planning, rational layout, assured quality and smooth passage, environmental protection, and equal emphasis on construction and renovation and maintenance.
Article 4 The people's governments at all levels shall adopt effective measures to support and facilitate the construction of highways. Construction of highways shall be incorporated into the national economic and social development plans.
The State encourages and guides domestic and foreign economic organizations to invest in the construction and operation of highways under the law.
Article 5 The State shall help and support areas of minority nationalities, remote and border areas and impoverished areas to develop highways.
Article 6 Highways shall be divided, according to their positions in the networks, into State roads, provincial roads, county roads and township roads and, technically into express ways, first class roads, second class roads, third class roads and fourth class roads. The specific standards for the division shall be worked out by the State Council department in charge of transportation.
New roads should conform to their technical standards in grading. The existing roads that fail to meet the minimum technical grading standards thereof should be transformed step by step according to the set standards.
Article 7 Highway roads shall be subject to the protection by the State. No unit or individual is allowed to break or damage highways, land and ancillary facilities used by highways or illegally put them into one's own use.
Any unit or individual is obliged to protect highways and lands and ancillary facilities used by highways and has the right to report acts that break and damage highways, lands and ancillary facilities used by highways and road safety of highways or put such acts into court.
Article 8 Department of the State Council in charge of transportation shall be responsible for the administration of highways in the whole country.
Transportation departments of local people's governments at and above the county level shall be responsible for the administration of highways in their respective administrative areas; but the functions and responsibilities of transportation departments of local people's governments at and above the county level for the administration and supervision of State roads and provincial roads shall be fixed by respective provincial, autonomous regional and municipal people's governments.
People's governments of townships, townships of minority nationalities areas and towns shall be responsible for the construction and maintenance of township roads within their respective administrative areas.
Transportation departments of local people's governments at and above the county level may decide to entrust road management organizations to exercise the duties of highway administration according to the provisions of this law.
Article 9 It is forbidden for any unit or individual to set up check posts, collect fees, impose fines or intercept vehicles on highways.
Article 10 The State encourages scientific research in terms of highways and reward units and individuals that have made significant achievements on scientific and technical research and application in terms of highways.
Article 11 Provisions concerning special roads in this law apply to special roads.
Special roads refer to those built, maintained, managed by enterprises or other units for their respective exclusive or main uses.
Chapter II Highway Planning
Article 12 Highway planning shall be made in the light of the needs of the national economic and social development and national defense and also in coordination with urban construction and development plans and the development of other traffic means.
Article 13 Plans for requisition of lands for constructing roads shall conform to the master plan for land use and the land used for such purposes shall be incorporated into the general land use plan of the year.
Article 14 Plans in respect to State roads shall be formulated by the transportation department of the State Council together with other related departments of the State Council and the people's governments of provinces, autonomous regions and municipalities along the lines and submitted to the State Council for approval.
Plans in respect to provincial roads shall be formulated by the transportation departments of people's governments of provinces, autonomous regions and municipalities together with the people's governments of the lower level along the lines and submitted to the people's governments of the respective provinces, autonomous regions and municipalities for approval and to the transportation department of the State Council for the record.
Plans in respect to county roads shall be formulated by the transportation departments of the people's governments at the county level together with related departments at the same level and submitted to the people's governments of the same level for examination and to the people's governments at the next higher level for approval.
Plans in respect to township roads shall be formulated by the people's governments of township, townships inhabited by people of minority nationalities and towns with the assistance of the transportation departments of the people's governments at the county level and submitted to the people's governments at the county level for approval.
Plans in respect to county roads and township roads to be approved according to the provisions of paragraph three and paragraph four of this article shall be submitted to the transportation departments of the people's governments at the next higher level for the record.
Plans in respect to provincial roads should be in harmony with plans of State roads; plans of county roads shall be coordinated with plans of provincial roads; and plans of township roads shall be coordinated with plans of county roads.
Article 15 Plans of special roads shall be formulated by units in charge of special roads and, after being examined by departments in charge at the next higher level, be submitted to the transportation departments of the people's governments at and above the county level for approval.
Plans of special roads shall be coordinated with highway planning.
......
Order of the President of the People's Republic of China No.81
November 4, 2017
(Adopted at the 26th session of the Standing Committee of the 8th National People's Congress on July 3, 1997; amended for the first time according to the Decision on Revising the Highway Law of the People's Republic of China passed at the 12th Session of the Standing Committee of the 9th National People's Congress on October 31, 1999; amended for the second time according to the Decision on Amending the Highway Law of the People's Republic of China passed at the 11th Session of the Standing Committee of the 10th National People's Congress on August 28, 2004; amended for the third time according to the Decision on Amending Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the fourth time according to the Decision on Revising Twelve Laws including the Foreign Trade Law of the People's Republic of China passed at the 24th Session of the Standing Committee of the 12th National People's Congress on November 7, 2016; and amended for the fifth time according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Table of Contents
Chapter I General Provisions
Chapter II Highway Planning
Chapter III Construction of Highways
Chapter IV Maintenance of Highway Roads
Chapter V Road Administration
Chapter VI Toll Highways
Chapter VII Supervision and Checking
Chapter VIII Legal Liabilities
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 The law is made to strengthen the construction and management and stimulate the development of highways so as to make their development to adapt to the need of socialist modernization and people's daily living.
Article 2 The law is applicable to the planning, construction, maintenance, operation, use and management of highways inside the territory of the People's Republic of China.
The word "highways" in this law includes facilities such as bridges, tunnels and ferries for the highways.
Article 3 The development of highways in the country shall follow the principles of comprehensive planning, rational layout, assured quality and smooth passage, environmental protection, and equal emphasis on construction and renovation and maintenance.
Article 4 The people's governments at all levels shall adopt effective measures to support and facilitate the construction of highways. Construction of highways shall be incorporated into the national economic and social development plans.
The State encourages and guides domestic and foreign economic organizations to invest in the construction and operation of highways under the law.
Article 5 The State shall help and support areas of minority nationalities, remote and border areas and impoverished areas to develop highways.
Article 6 Highways shall be divided, according to their positions in the networks, into State roads, provincial roads, county roads and township roads and, technically into express ways, first class roads, second class roads, third class roads and fourth class roads. The specific standards for the division shall be worked out by the State Council department in charge of transportation.
New roads should conform to their technical standards in grading. The existing roads that fail to meet the minimum technical grading standards thereof should be transformed step by step according to the set standards.
Article 7 Highway roads shall be subject to the protection by the State. No unit or individual is allowed to break or damage highways, land and ancillary facilities used by highways or illegally put them into one's own use.
Any unit or individual is obliged to protect highways and lands and ancillary facilities used by highways and has the right to report acts that break and damage highways, lands and ancillary facilities used by highways and road safety of highways or put such acts into court.
Article 8 Department of the State Council in charge of transportation shall be responsible for the administration of highways in the whole country.
Transportation departments of local people's governments at and above the county level shall be responsible for the administration of highways in their respective administrative areas; but the functions and responsibilities of transportation departments of local people's governments at and above the county level for the administration and supervision of State roads and provincial roads shall be fixed by respective provincial, autonomous regional and municipal people's governments.
People's governments of townships, townships of minority nationalities areas and towns shall be responsible for the construction and maintenance of township roads within their respective administrative areas.
Transportation departments of local people's governments at and above the county level may decide to entrust road management organizations to exercise the duties of highway administration according to the provisions of this law.
Article 9 It is forbidden for any unit or individual to set up check posts, collect fees, impose fines or intercept vehicles on highways.
Article 10 The State encourages scientific research in terms of highways and reward units and individuals that have made significant achievements on scientific and technical research and application in terms of highways.
Article 11 Provisions concerning special roads in this law apply to special roads.
Special roads refer to those built, maintained, managed by enterprises or other units for their respective exclusive or main uses.
Chapter II Highway Planning
Article 12 Highway planning shall be made in the light of the needs of the national economic and social development and national defense and also in coordination with urban construction and development plans and the development of other traffic means.
Article 13 Plans for requisition of lands for constructing roads shall conform to the master plan for land use and the land used for such purposes shall be incorporated into the general land use plan of the year.
Article 14 Plans in respect to State roads shall be formulated by the transportation department of the State Council together with other related departments of the State Council and the people's governments of provinces, autonomous regions and municipalities along the lines and submitted to the State Council for approval.
Plans in respect to provincial roads shall be formulated by the transportation departments of people's governments of provinces, autonomous regions and municipalities together with the people's governments of the lower level along the lines and submitted to the people's governments of the respective provinces, autonomous regions and municipalities for approval and to the transportation department of the State Council for the record.
Plans in respect to county roads shall be formulated by the transportation departments of the people's governments at the county level together with related departments at the same level and submitted to the people's governments of the same level for examination and to the people's governments at the next higher level for approval.
Plans in respect to township roads shall be formulated by the people's governments of township, townships inhabited by people of minority nationalities and towns with the assistance of the transportation departments of the people's governments at the county level and submitted to the people's governments at the county level for approval.
Plans in respect to county roads and township roads to be approved according to the provisions of paragraph three and paragraph four of this article shall be submitted to the transportation departments of the people's governments at the next higher level for the record.
Plans in respect to provincial roads should be in harmony with plans of State roads; plans of county roads shall be coordinated with plans of provincial roads; and plans of township roads shall be coordinated with plans of county roads.
Article 15 Plans of special roads shall be formulated by units in charge of special roads and, after being examined by departments in charge at the next higher level, be submitted to the transportation departments of the people's governments at and above the county level for approval.
Plans of special roads shall be coordinated with highway planning.
......