Law of the People's Republic of China on the Prevention and Control of Noise Pollution
Law of the People's Republic of China on the Prevention and Control of Noise Pollution
Law of the People's Republic of China on the Prevention and Control of Noise Pollution
Order of the President of the People's Republic of China No.104
December 24, 2021
The Law of the People's Republic of China on the Prevention and Control of Noise Pollution, which was adopted at the 32nd Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 24, 2021, is hereby issued for implementation as of June 5, 2022.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Prevention and Control of Noise Pollution
(Adopted at the 32nd Session of the Standing Committee of the 13th National People's Congress on December 24, 2021)
Contents
Chapter I General Provisions
Chapter II Standards and Plans for the Prevention and Control of Noise Pollution
Chapter III Supervision and Regulation of the Prevention and Control of Noise Pollution
Chapter IV Prevention and Control of Industrial Noise Pollution
Chapter V Prevention and Control of Construction Noise Pollution
Chapter VI Prevention and Control of Traffic Noise Pollution
Chapter VII Prevention and Control of Pollution by Noise from Social Activities
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Prevention and Control of Noise Pollution (hereinafter referred to as the "Law") is formulated to prevent and control noise pollution, safeguard public health, protect and improve the living environment, maintain social harmony, advance ecological civilization, and promote the sustainable development of the economy and society.
Article 2 For the purpose of the Law, "noise" refers to sound that is emitted in the course of industrial production, construction, transport, and social activities and that impairs the living environment of the neighborhood.
For the purpose of the Law, "noise pollution" refers to a situation where noise is emitted in excess of the noise emission standards or without the prevention and control measures required by the law, resulting in disturbance to people's daily life, work and study.
Article 3 The Law shall apply to the prevention and control of noise pollution.
As for the prevention and control of noise exposure at work in production or business operations, the provisions of laws on labor protection and other relevant laws shall apply.
Article 4 The principles of overall planning, prevention and control at the source, category-based management, social co-governance, and liability for damage shall be observed in the prevention and control of noise pollution.
Article 5 People's governments at or above the county level shall incorporate the prevention and control of noise pollution into their economic and social development plans and ecological and environmental protection plans, and include the funds for noise pollution prevention and control in their budgets.
The ecological and environmental protection plan shall specify the targets, tasks, and safeguard measures for noise pollution prevention and control.
Article 6 Local people's governments at all levels shall be responsible for the acoustic environmental quality within their respective administrative areas, and take effective measures to improve the acoustic environmental quality.
The State shall adopt a target responsibility system and a performance assessment system for noise pollution prevention and control and incorporate the completion of targets into performance assessment.
Article 7 Local people's governments at or above the county level shall, in accordance with the Law and the provisions of the State Council, specify the relevant authorities' supervision and regulation responsibilities in terms of noise pollution prevention and control, establish a mechanism for coordination and joint actions for noise pollution prevention and control where necessary, and strengthen coordination and information sharing among different authorities, to advance noise pollution prevention and control within their respective administrative areas.
Article 8 The competent authority of ecology and environment under the State Council shall conduct unified supervision and regulation of noise pollution prevention and control nationwide.
The competent authorities of ecology and environment of local people's governments shall conduct unified supervision and regulation of noise pollution prevention and control within their respective administrative areas.
The authorities of housing and urban-rural development, public security, transport, railway administration, civil aviation, maritime safety, and other authorities of people's governments at all levels shall supervise and regulate the prevention and control of noise pollution resulting from construction, traffic, and social activities within the scope of their respective responsibilities.
Grassroots self-governing mass organizations shall assist local people's governments and their relevant authorities in noise pollution prevention and control.
Article 9 All entities and individuals are obligated to protect the acoustic environment and meanwhile have such lawful rights as accessing the information on the acoustic environment and participating in and supervising noise pollution prevention and control.
Entities and individuals that emit noise shall take effective measures to prevent and mitigate noise pollution.
Article 10 People's governments at all levels and their relevant authorities shall strengthen the popularization of laws, regulations, and knowledge on noise pollution prevention and control, raise public awareness in this regard, and guide the public through their participation in noise pollution prevention and control in accordance with the law.
News media shall publicize the laws, regulations, and knowledge on noise pollution prevention and control for the public good, and carry out public-opinion supervision of the compliance with laws and regulations on noise pollution prevention and control.
The State shall encourage grassroots self-governing mass organizations, social organizations, managers of public places, homeowners' committees, property service providers, and volunteers, among others, to popularize the laws, regulations, and knowledge on noise pollution prevention and control.
Article 11 The State shall encourage and support the research and development of science and technology for noise pollution prevention and control, as well as the commercialization, promotion, and application of such research outcomes, strengthen the cultivation of professional and technical talents in noise pollution prevention and control, and promote the scientific and technological progress and industry development for noise pollution prevention and control.
Article 12 Entities and individuals that have made outstanding achievements in noise pollution prevention and control shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Standards and Plans for the Prevention and Control of Noise Pollution
Article 13 The State shall promote the development of a system of noise pollution prevention and control standards.
The competent authority of ecology and environment and other relevant authorities under the State Council shall formulate and improve standards related to noise pollution prevention and control within the scopes of their respective functions and responsibilities and strengthen the linkage and coordination among such standards.
Article 14 The competent authority of ecology and environment under the State Council shall formulate the national acoustic environmental quality standards.
People's governments at or above the county level shall, according to the national acoustic environmental quality standards, the territorial spatial plans, and the land-use status, delimit areas to which various categories of acoustic environmental quality standards apply and designate areas with clusters of buildings used for residence, scientific research, medical treatment and healthcare, culture and education, and office work of Party and government authorities, or organizations and societies, as well as social welfare, among others, as areas where noise-sensitive buildings are concentrated, and strengthen the prevention and control of noise pollution in these areas.
The scopes of the areas to which acoustic environmental quality standards of different categories apply and the scopes of the areas where noise-sensitive buildings are concentrated shall be made available to the public.
Article 15 The competent authority of ecology and environment under the State Council shall, according to the national acoustic environmental quality standards and economic and technological conditions, formulate the national noise emission standards and related ambient vibration control standards.
People's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local noise emission standards where such standards do not exist at the national level; where such national standards do exist, stricter local noise emission standards may be formulated. Local noise emission standards shall be submitted to the competent authority of ecology and environment under the State Council for record-filing.
Article 16 The competent authority of standardization under the State Council shall, in concert with authorities of development and reform, ecology and environment, industry and information technology, housing and urban-rural development, transport, railway administration, civil aviation, and maritime safety, and other authorities under the State Council, specify noise emission limits in the technical specifications or quality standards of products that may cause noise pollution, such as industrial equipment, construction machinery, motor vehicles, locomotives, urban rail transit vehicles, civil aircraft, motor vessels, electrical and electronic products, and auxiliary construction equipment, according to the requirements of acoustic environmental protection and national economic and technological conditions.
Limits on the noise emitted in the use of products prescribed in the preceding paragraph shall be specified in the relevant technical documents. Products that exceed the noise emission limits shall not be produced, imported, or sold.
The administration for market regulation or other authorities of a people's government at or above the county level shall carry out supervision and spot checks of products that are being manufactured or sold which are subject to noise emission limits, as well as of the noise emitted by special equipment such as elevators in use, and the competent authority of ecology and environment shall cooperate in such supervision and spot checks.
Article 17 Acoustic environmental quality standards, noise emission standards, and other standards related to noise pollution prevention and control shall be evaluated on a regular basis, and revised as appropriate according to the evaluation results.
Article 18 When developing and revising territorial spatial plans and other relevant plans, people's governments at all levels and their relevant authorities shall conduct environmental impact assessments in accordance with the law, develop overall plans and make reasonable arrangements for land use and construction layout by taking into full account the impact of noise generated by urban and rural development, as well as renovation and construction projects on the living environment of the neighborhood, so as to prevent and mitigate noise pollution.
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Order of the President of the People's Republic of China No.104
December 24, 2021
The Law of the People's Republic of China on the Prevention and Control of Noise Pollution, which was adopted at the 32nd Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 24, 2021, is hereby issued for implementation as of June 5, 2022.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Prevention and Control of Noise Pollution
(Adopted at the 32nd Session of the Standing Committee of the 13th National People's Congress on December 24, 2021)
Contents
Chapter I General Provisions
Chapter II Standards and Plans for the Prevention and Control of Noise Pollution
Chapter III Supervision and Regulation of the Prevention and Control of Noise Pollution
Chapter IV Prevention and Control of Industrial Noise Pollution
Chapter V Prevention and Control of Construction Noise Pollution
Chapter VI Prevention and Control of Traffic Noise Pollution
Chapter VII Prevention and Control of Pollution by Noise from Social Activities
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on the Prevention and Control of Noise Pollution (hereinafter referred to as the "Law") is formulated to prevent and control noise pollution, safeguard public health, protect and improve the living environment, maintain social harmony, advance ecological civilization, and promote the sustainable development of the economy and society.
Article 2 For the purpose of the Law, "noise" refers to sound that is emitted in the course of industrial production, construction, transport, and social activities and that impairs the living environment of the neighborhood.
For the purpose of the Law, "noise pollution" refers to a situation where noise is emitted in excess of the noise emission standards or without the prevention and control measures required by the law, resulting in disturbance to people's daily life, work and study.
Article 3 The Law shall apply to the prevention and control of noise pollution.
As for the prevention and control of noise exposure at work in production or business operations, the provisions of laws on labor protection and other relevant laws shall apply.
Article 4 The principles of overall planning, prevention and control at the source, category-based management, social co-governance, and liability for damage shall be observed in the prevention and control of noise pollution.
Article 5 People's governments at or above the county level shall incorporate the prevention and control of noise pollution into their economic and social development plans and ecological and environmental protection plans, and include the funds for noise pollution prevention and control in their budgets.
The ecological and environmental protection plan shall specify the targets, tasks, and safeguard measures for noise pollution prevention and control.
Article 6 Local people's governments at all levels shall be responsible for the acoustic environmental quality within their respective administrative areas, and take effective measures to improve the acoustic environmental quality.
The State shall adopt a target responsibility system and a performance assessment system for noise pollution prevention and control and incorporate the completion of targets into performance assessment.
Article 7 Local people's governments at or above the county level shall, in accordance with the Law and the provisions of the State Council, specify the relevant authorities' supervision and regulation responsibilities in terms of noise pollution prevention and control, establish a mechanism for coordination and joint actions for noise pollution prevention and control where necessary, and strengthen coordination and information sharing among different authorities, to advance noise pollution prevention and control within their respective administrative areas.
Article 8 The competent authority of ecology and environment under the State Council shall conduct unified supervision and regulation of noise pollution prevention and control nationwide.
The competent authorities of ecology and environment of local people's governments shall conduct unified supervision and regulation of noise pollution prevention and control within their respective administrative areas.
The authorities of housing and urban-rural development, public security, transport, railway administration, civil aviation, maritime safety, and other authorities of people's governments at all levels shall supervise and regulate the prevention and control of noise pollution resulting from construction, traffic, and social activities within the scope of their respective responsibilities.
Grassroots self-governing mass organizations shall assist local people's governments and their relevant authorities in noise pollution prevention and control.
Article 9 All entities and individuals are obligated to protect the acoustic environment and meanwhile have such lawful rights as accessing the information on the acoustic environment and participating in and supervising noise pollution prevention and control.
Entities and individuals that emit noise shall take effective measures to prevent and mitigate noise pollution.
Article 10 People's governments at all levels and their relevant authorities shall strengthen the popularization of laws, regulations, and knowledge on noise pollution prevention and control, raise public awareness in this regard, and guide the public through their participation in noise pollution prevention and control in accordance with the law.
News media shall publicize the laws, regulations, and knowledge on noise pollution prevention and control for the public good, and carry out public-opinion supervision of the compliance with laws and regulations on noise pollution prevention and control.
The State shall encourage grassroots self-governing mass organizations, social organizations, managers of public places, homeowners' committees, property service providers, and volunteers, among others, to popularize the laws, regulations, and knowledge on noise pollution prevention and control.
Article 11 The State shall encourage and support the research and development of science and technology for noise pollution prevention and control, as well as the commercialization, promotion, and application of such research outcomes, strengthen the cultivation of professional and technical talents in noise pollution prevention and control, and promote the scientific and technological progress and industry development for noise pollution prevention and control.
Article 12 Entities and individuals that have made outstanding achievements in noise pollution prevention and control shall be commended and rewarded in accordance with the relevant provisions of the State.
Chapter II Standards and Plans for the Prevention and Control of Noise Pollution
Article 13 The State shall promote the development of a system of noise pollution prevention and control standards.
The competent authority of ecology and environment and other relevant authorities under the State Council shall formulate and improve standards related to noise pollution prevention and control within the scopes of their respective functions and responsibilities and strengthen the linkage and coordination among such standards.
Article 14 The competent authority of ecology and environment under the State Council shall formulate the national acoustic environmental quality standards.
People's governments at or above the county level shall, according to the national acoustic environmental quality standards, the territorial spatial plans, and the land-use status, delimit areas to which various categories of acoustic environmental quality standards apply and designate areas with clusters of buildings used for residence, scientific research, medical treatment and healthcare, culture and education, and office work of Party and government authorities, or organizations and societies, as well as social welfare, among others, as areas where noise-sensitive buildings are concentrated, and strengthen the prevention and control of noise pollution in these areas.
The scopes of the areas to which acoustic environmental quality standards of different categories apply and the scopes of the areas where noise-sensitive buildings are concentrated shall be made available to the public.
Article 15 The competent authority of ecology and environment under the State Council shall, according to the national acoustic environmental quality standards and economic and technological conditions, formulate the national noise emission standards and related ambient vibration control standards.
People's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local noise emission standards where such standards do not exist at the national level; where such national standards do exist, stricter local noise emission standards may be formulated. Local noise emission standards shall be submitted to the competent authority of ecology and environment under the State Council for record-filing.
Article 16 The competent authority of standardization under the State Council shall, in concert with authorities of development and reform, ecology and environment, industry and information technology, housing and urban-rural development, transport, railway administration, civil aviation, and maritime safety, and other authorities under the State Council, specify noise emission limits in the technical specifications or quality standards of products that may cause noise pollution, such as industrial equipment, construction machinery, motor vehicles, locomotives, urban rail transit vehicles, civil aircraft, motor vessels, electrical and electronic products, and auxiliary construction equipment, according to the requirements of acoustic environmental protection and national economic and technological conditions.
Limits on the noise emitted in the use of products prescribed in the preceding paragraph shall be specified in the relevant technical documents. Products that exceed the noise emission limits shall not be produced, imported, or sold.
The administration for market regulation or other authorities of a people's government at or above the county level shall carry out supervision and spot checks of products that are being manufactured or sold which are subject to noise emission limits, as well as of the noise emitted by special equipment such as elevators in use, and the competent authority of ecology and environment shall cooperate in such supervision and spot checks.
Article 17 Acoustic environmental quality standards, noise emission standards, and other standards related to noise pollution prevention and control shall be evaluated on a regular basis, and revised as appropriate according to the evaluation results.
Article 18 When developing and revising territorial spatial plans and other relevant plans, people's governments at all levels and their relevant authorities shall conduct environmental impact assessments in accordance with the law, develop overall plans and make reasonable arrangements for land use and construction layout by taking into full account the impact of noise generated by urban and rural development, as well as renovation and construction projects on the living environment of the neighborhood, so as to prevent and mitigate noise pollution.
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