Law of the People's Republic of China on Urban and Rural Planning
Law of the People's Republic of China on Urban and Rural Planning
Law of the People's Republic of China on Urban and Rural Planning
Order of the President of the People's Republic of China [2007] No. 74
October 28, 2007
The Law of the People's Republic of China on Urban and Rural Planning which was adopted at the 30th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on October 28, 2007 is hereby promulgated and shall come into force as of January 1, 2008.
Hu Jintao, the President of the People's Republic of China
Attached: Law of the People's Republic of China on Urban and Rural Planning
(Adopted at the 30th Meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on October 28, 2007)
Table of Contents
Chapter I General Provisions
Chapter II Formulation of an Urban and Rural Plan
Chapter III Implementation of an Urban and Rural Plan
Chapter IV Modification of an Urban and Rural Plan
Chapter V Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of improving administration of urban and rural planning, adjusting the layout of urban and rural spaces, improving people's living environment and promoting the all-round coherent and sustainable development of the urban and rural economy and society.
Article 2 Making and implementing urban and rural plans and conducting construction activities in the areas covered by planning shall be governed by this Law.
For the purposes of this Law, urban and rural planning includes urban hierarchical plans, city plans, town plans, township plans and village plans. A city or town plan is divided into an overall plan and a detailed plan. A detailed plan is divided into a detailed regulatory plan and a detailed construction plan.
For the purposes of this Law, the areas covered by planning include the built-up areas in cities, towns and villages and the areas that must be kept the control of planning to meet the need of urban and rural construction and development. The specific scope of an area covered by planning shall be defined by the related people's government, which shall, in light of the urban and rural economic and social development and the need for overall development of urban and rural areas, have the area demarcated in the overall plan of a city or town, or in a township or village plan to be formulated under its charge.
Article 3 City and town authorities shall formulate city and town plans in accordance with this Law. Construction within the areas covered by city and town plans shall be conducted in compliance with the requirements of such plans.
The local people's governments at or above the county level shall, in light of the local rural economic and social development and in adherence to the principles of consideration of the local conditions, practicality and feasibility, determine the areas for which township or village plans should be made. The township and village authorities within the areas so determined shall work out their respective plans in accordance with this Law. Construction in the townships or villages within the said areas shall be conducted in compliance with the requirements of plans.
The local people's governments at or above the county level shall encourage and give guidance to the township and village authorities in areas other than the ones specified in the preceding paragraph to make and implement their township and village plans.
Article 4 In making and implementing urban and rural plans, attention shall be paid to following the principles of overall planning for urban and rural areas, rational layout, conservation of land, intensive development and planning before construction, to improving the ecological environment, promoting conservation and comprehensive utilization of resources and energy, to preserving cultivated land and other natural resources and historical and cultural heritage, to maintaining the local and ethnic features and traditional cityscape, to preventing pollution and other public hazards, and to meeting the need of regional population development, national defense construction, disaster prevention and alleviation, and public health and safety.
Construction in the areas covered by planning shall be conducted in adherence to the provisions of the laws and regulations governing land administration, natural resources conservation, environmental protection, etc.
The local people's government at or above the county level shall, in light of the realities of the local economic and social development, rationally determine the development scale and steps, and construction standards for a city or town in its overall city or town planning.
Article 5 The overall plan for a city or town, and the plan for a township or village plan shall be formulated on the basis of the plan for national economic and social development and be compatible with the overall plan for land use.
Article 6 The people's governments at all levels shall incorporate the funds needed for the formulation and administration of urban and rural plans in their respective fiscal budgets.
Article 7 An urban or rural plan which is approved according to law shall provide the basis for administration of urban and rural development and planning, and it may not be modified without going through the statutory procedure.
Article 8 The authority in charge of the formulation of urban and rural plans shall, in a timely manner, publish the urban and rural plans upon approval according to law, except for the contents which may not be disclosed as prescribed by laws or administrative regulations.
Article 9 All units and individuals shall keep to the urban and rural plans which are published upon approval according to law and submit to administration of the plans, and they shall have the right to inquire of the department in charge of urban and rural planning about whether a construction activity which involves their interests is in compliance with the requirements of planning.
All units and individuals shall have the right to report or make an accusation against any violations of the urban and rural plans to the competent departments in charge of urban and rural planning or the relevant departments. The said departments shall, without delay, accept such report or accusation and make arrangements for investigation and handling it.
Article 10 The state encourages the adoption of advanced scientific technologies to make urban and rural planning more scientific and to improve the efficiency in the implementation, supervision and administration of such planning.
Article 11 The department in charge of urban and rural planning under the State Council shall be responsible for administration of urban and rural planning nationwide.
The department in charge of urban and rural planning of the local people's governments at or above the county level shall be responsible for administration of urban and rural planning in their respective administrative areas.
Chapter II Formulation of an Urban and Rural Plan
Article 12 The department in charge of urban and rural planning under the State Council shall, in conjunction with the relevant departments under the State Council, take charge of the formulation of the national urban hierarchical plan, which shall serve as the guidance for the formulation of provincial urban hierarchical plan and the overall plan of cities.
The national urban hierarchical plan shall be submitted by the department in charge of urban and rural planning under the State Council to the State Council for examination and approval.
Article 13 The people's government of a province or autonomous region shall take charge of the formulation of the provincial urban hierarchical plan and submit it to the State Council for examination and approval.
A provincial urban hierarchical plan shall include: the spatial layout of cities and towns and scale control, the layout of major infrastructures, and the areas which need strict control for preservation of the ecological environment and resources.
Article 14 The people's government of a city shall take charge of the formulation of the overall plan of the city.
The overall plan of 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 overall plan of the city which is the seat of the people's government of the province or autonomous region and the overall plan of the city designated by the State Council shall be submitted to the State Council for examination and approval after it is examined and approved by the people's government of the province or autonomous region. The overall plan of any other city shall be submitted by the people's government of the city to the people's government of province or autonomous region for examination and approval.
Article 15 The county people's government shall take charge of the formulation of the overall plan of the town which is the seat of the county people's government and shall submit the plan to the people's government at the next higher level for examination and approval. The overall plan of any other town shall be formulated under the charge of the people's government of the town and submitted to the people's government at the next higher level for examination and approval.
Article 16 The provincial urban hierarchical plan formulated under the charge of the people's government of a province or autonomous region or the overall plan formulated under the charge of the people's government of a city or county shall, before it is submitted to the people's government at the next higher level for examination and approval, be deliberated by the standing committee of the people's congress at the same level, and the opinions of the component members of the standing committee formed after deliberation shall be submitted to the people's government at the same level for consideration and handling.
The overall plan of a town formulated under the charge of the people's government of the town shall, before it is submitted to the people's government at the next higher level for examination and approval, be deliberated by the people's congress of the town, and the opinions of the deputies formed after deliberation shall be submitted to the people's government at the same level for consideration and handling.
When submitting a provincial urban hierarchical plan or the overall plan of a city or town for examination and approval, the authority in charge of the formulation of the such plan shall, at the same time, submit the opinions formed after deliberation among the component members of the standing committee of the people's congress at the same level or among the deputies of the people's congress of the town and the modifications made to the plan on the basis of the opinions.
Article 17 The overall plan of a city or town shall include: the arrangement for the development of the city or town, functional zones, land use layout, comprehensive traffic system, the regions where construction is prohibited or restricted or which are appropriate for construction, the various kinds of special items, etc.
The following shall be made mandatory for the overall plan of a city or town to include: the area covered by the plan, the scale of the land used for construction in the area covered by the plan, the land used for infrastructure and public service facilities, the waterhead sites and water system, capital farmland and land used for afforestation, environmental protection, preservation of natural and historical and cultural heritage, disaster prevention and alleviation, etc.
The period covered by the overall plan of a city or town is 20 years in general.
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