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Survey on planning and development of new cities and areas in China 5 A list of key reference documents
5.1 Appendix 1: Urban and Rural Planning Law of the People’s Republic of China
Urban and Rural Planning Law of the People’s Republic of China Article 1 This Law is formulated for the purpose of strengthening urban and rural planning administration, harmonizing urban and rural spatial layout, improving people’s living environment and promoting the integrated, harmonious and sustainable development of urban and rural society and economy. Article 2 Making and implementing urban and rural planning as well as conducting construction activities in planning areas shall be governed by this Law. The term “urban and rural planning” as mentioned in this Law includes urban system planning, city planning, town planning, township planning and village planning. City or town planning includes overall planning and detailed planning. Detailed planning includes regulatory detailed planning and site detailed planning. The term “planning area” as mentioned in this Law refers to the built-up areas of cities, towns and villages as well as areas that must be under planning control for urban and rural construction and development. The specific scope of a planning area shall be defined by the related people’s government, in light of the urban and rural economic and social development level and the needs for the overall development of urban and rural areas, in organizing the establishment of the overall planning of a city or town, a township planning or a village planning. Article 3 Cities and towns shall work out city planning and town planning in accordance with this Law. Construction activities within a city or town planning area shall be conducted in accordance with the planning requirements. The local people’s government at or above the county level shall, in light of the local rural economic and social development level and in accordance with the principles of adjusting measures to local conditions and feasibility, determine regions required to establish township or village planning. The townships and villages inside the regions shall work out their respective planning in accordance with this Law. The township and village construction within the planning areas shall be in line with the planning requirements. The local people’s government at or above the county level shall encourage and guide the townships and villages outside the regions to work out and implement township and village planning. Article 4 Urban and rural planning shall be worked out and implemented by following the principles of planning the urban and rural areas as a whole, reasonable layout, saving the land, intensive growth and planning before constructing so as to improve ecological environment, enhance the conservation and comprehensive utilization of resources and energy, protect farmland and other natural resource as well as cultural heritages, maintain local features, ethnic features and traditions, prevent pollution and other public nuisance, and satisfy the needs of regional population development, national defense construction, disaster prevention and alleviation, public health and public safety. Construction activities in the planning area shall be conducted by observing laws and regulations governing land management, natural resources and environmental protection, etc. The local people’s government at or above the county level shall, in light of the local social and economic development level, reasonably determine the development scale, steps and construction standards of a city or town in the overall planning of the city or town. Article 5 The establishment of the overall planning of a city or town, a township planning or a village planning shall be based on the national economic and social development planning as well as the overall planning on land use. Article 6 The people’s governments at various levels shall bring the expenses necessary for the establishment and administration of urban and rural planning into the fiscal budget at the corresponding level. Article 7 An urban and rural planning which has been approved according to law shall be a basis for urban and rural construction as well as planning administration, and may not be altered without going through the legal procedure. Article 8 Organs organizing the establishment of urban and rural planning shall publicize legally approved urban and rural planning in a timely manner, except for contents which shall not be disclosed as required by laws or administrative regulations. Article 9 All entities and individuals shall abide by urban and rural planning which have been legally approved and disclosed, be submit to the administration of such planning, and have the right to inquiry of the competent department of urban and rural planning about whether a construction activity affecting their interests is in compliance with the planning requirements. Any entity or individual shall have the right to report or accuse of any act in violation of any urban and rural planning to the competent department of urban and rural planning or other related department. Such department shall promptly accept the report or accusation and organize manpower to investigate and handle it. Article 10 The state encourages adopting advanced scientific technologies to make urban and rural planning more scientific and to improve the efficiency of the implementation, supervision and administration of urban and rural planning. Article 11 The competent department of urban and rural planning under the State Council shall take charge of the urban and rural planning administration of the whole nation. The local people’s governments at or above the county level shall take charge of the urban and rural planning administration work of their respective administrative region. Chapter II Establishment of Urban and Rural Planning Article 12 The competent department of urban and rural planning under the State Council shall, together with other relevant departments under the State Council, organize the establishment of the national urban system planning, which shall be used to guide the establishment of provincial urban system planning and overall planning of cities. The national urban system planning shall be filed by the competent department of urban and rural planning under the State Council with the State Council for examination and approval. Article 13 The people’s government of a province or autonomous region shall organize the establishment of its provincial urban system planning and file it with the State Council for examination and approval. A provincial urban system planning shall include: spatial layout of cities and towns and scale control, layout of significant infrastructures and areas which shall be under strict control for the purpose of protecting ecological environment and resources. Article 14 The people’s government of a city shall organize the establishment of the overall planning of the city. The overall planning of a municipality directly under the Central Government shall be filed by the people’s government of the municipality with the State Council for examination and approval. The overall planning of a city where the provincial or autonomous region people’s government is located or which is specified by the State Council shall be filed with the State Council for examination and approval after it is examined and approved by the provincial or autonomous region people’s government. The overall planning of any other city shall be filed by the people’s government of the city with the provincial or autonomous region people’s government for examination and approval. Article 15 The county people’s government shall organize the establishment of the overall planning of the town where the county people’s government is located, and shall file the planning with the people’s government at the next higher level for examination and approval. The overall planning of any other town shall be established by the people’s government of the town and filed with the people’s government at the next higher level for examination and approval. Article 16 The provincial urban system planning established by the people’s government of a province or an autonomous region or the overall planning established by the people’s government of a municipality 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 deliberation opinions of the members of the standing committee shall be submitted to the people’s government at the same level for consideration. The overall planning of a town established by 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 firstly deliberated by the people’s congress of the town, and the deliberation opinions of the deputies shall be submitted to the people’s government at the same level for consideration. When filing a provincial urban system planning, a city overall planning or a town overall planning for examination and approval, the organ establishing the planning shall file the deliberation opinions of the members of the standing committee of the people’s congress at the same level or the deputies to the people’s congress of the town as well as the changes in the planning made in accordance with the opinions together. Article 17 The overall planning of a city or town shall include: the overall arrangement for the development of the city or town, functional zones, land use layout, comprehensive traffic system, regions prohibited, restricted from or appropriate for construction and various kinds of special planning, etc. The following contents shall be included in the overall planning of a city or town as mandatory contents: coverage of the planning area, scale of the land used for the construction of the planning area, land used for infrastructure and public service facilities, water head sites and water system, basic farmland, and land used for afforestation, environmental protection, protection of natural and historical cultural heritages, and disaster prevention and alleviation, etc. The planning period of the overall planning of a city or town is usually 20 years. The overall planning of a city shall forecast the long-term development trend of the city and make corresponding arrangements. Article 18 A township or village planning shall proceed from the actual situation of the rural district, respect the will of the villagers and embody local and rural features. A township or village planning shall include: the coverage of the planning area, the layout of the land used and the construction requirements for dwelling houses, roads, water supply, drainage, power supply, garbage collection, livestock and poultry feeding plants, service facilities for the production and livelihood in rural areas, and public welfare establishments, and the specific arrangements on protecting farmland as well as other natural resources and historical cultural heritages and preventing and alleviating disasters, etc. A village planning shall also include the overall arrangement for the development of all villages within this administrative region. Article 19 The competent department of urban and rural planning of a city people’s government shall, in accordance with the requirements of the overall planning of the city, organize the establishment of a regulatory detailed planning, and file the planning with the standing committee of the people’s congress at the same level and the people’s government at the next higher level for archival purpose upon the approval of the people’s government at the same level. Article 20 A town people’s government shall, in accordance with the requirements of the overall planning of the town, organize the establishment of a regulatory detailed planning and file the planning with the people’s government at the next higher level for examination and approval. The regulatory detailed planning of the town where the county people’s government is located shall be established by the competent department of urban and rural planning under the county people’s government in accordance with the overall planning of the town, and be filed with the standing committee of the people’s congress at the same level and the people’s government at the next higher level for archival purpose upon the approval of the county people’s government. Article 21 The competent department under the people’s government of a city or county or the people’s government of a town may organize the establishment of a site detailed planning for important land blocks. The site detained planning shall be in conformity with the regulatory detained planning. Article 22 The people’s government of a township or town shall take charge of establishing the township or village planning, and shall file such planning with the people’s government at the next higher level for examination and approval. A village planning shall be consented to by the villagers’ meeting or the villagers’ representative meeting before it is filed for examination and approval. Article 23 The overall planning or detailed planning of the capital shall take the layout of land used by central state organs as well as their spatial arrangements into full consideration. Article 24 Organs organizing the establishment of urban and rural planning shall authorize entities with corresponding qualification grades to undertake the specific establishment work. An entity may undertake urban and rural planning establishment work within the scope authorized by its qualification grade after satisfying the following requirements, passing the examination conducted by the competent department of urban and rural planning under the State Council or under the people’s government of the concerned province, autonomous region or municipality directly under the Central Government, and obtaining the qualification certificate of the corresponding grade:
The administrative measures for the practicing qualification of planners shall be formulated by the competent department of urban and rural planning under the State Council together with the personnel administrative department under the State Council. The relevant state standards shall be observed when establishing urban and rural planning. Article 25 When establishing urban and rural planning, the basic materials about prospecting, mapping, weather, seism, hydrology and environment as required by the state must be in hand. The local competent departments under the local people’s government at or above the county level shall, in light of the needs for urban and rural planning, provide the relevant basic materials in a timely manner. Article 26 Before filing an urban or rural planning for examination and approval, the organ establishing it shall announce the draft of the planning and collect opinions from experts and the general public by way of argumentation, hearing or other. The draft shall be announced for at least 30 days. The organ establishing the planning shall fully consider the opinions of experts and the general public, and attach an explanation on the adoption of the relevant opinions and an explanation to the materials filed for examination and approval. Article 27 Before approving a provincial urban system planning, a city overall planning or a town overall planning, the examining and approving organ shall organize experts and the related departments to conduct an examination. Chapter III Implementation of Urban and Rural Planning Article 28 The local people’s governments at various levels shall, in light of the local economic and social development level, and according to their abilities, respect the willingness of the general public and organize the implementation of urban and rural planning in a planned and step-by-step manner. Article 29 As for the construction and development of urban areas, priority shall be given to the construction of infrastructure and public service facilities, the relation between the development of new zones and the reconstruction of old zones shall be properly handled, and overall consideration shall be given to the livelihood of persons migrating to urban areas to work, surrounding rural economic and social development and villagers’ production and livelihood needs. The construction and development of towns shall be based on rural economic and social development as well as industrial restructuring, and priority shall be given to the construction of infrastructure of water supply, water drainage, power supply, gas supply, road, telecommunication, broadcasting and TV as well as public service facilities including schools, hospitals, cultural stations, kindergartens and welfare institutions so as to provide services for surrounding rural areas. As for the construction and development of townships and villages, it is necessary to make adjusts according to local conditions, use land in an effective way, give play to villagers’ autonomous organizations and guide villagers to make reasonable constructions so as to improve the production and livelihood conditions in rural areas. Article 30 As for the development and construction of newly developed zones in urban areas, it is necessary to reasonably determine the construction scale and time sequence, fully use the existing infrastructure and public service facilities, vigorously protect natural resources and ecological environment and materialize local characteristics. Beyond the scope of land used for construction as determined in a city or town overall planning, no development zone or new urban developed zone may be established. Article 31 As for the reconstruction of old urban areas, it is necessary to protect historical and cultural heritage and traditional style, reasonably determine the demolition and construction scale, and reconstruct the places where there are many dilapidated houses and the infrastructure is relatively backward. The protection of famous historical and cultural cities as well as the preservation and use of protected structures shall be conducted in accordance with the related laws, administrative regulations and the provisions of the State Council. Article 32 As for the construction and development of urban and rural areas, it is necessary to legally protect and reasonably use famous scenery resources, make overall arrangements on the construction of famous scenic sites as well as surrounding townships, towns and villages. The planning, construction and management of famous scenic sites shall be proceeded in accordance with the related laws, administrative regulations and the provisions of the State Council. Article 33 The development and utilization of urban underground space shall be conducted according to the economic and technical development level, the principles of overall arrangement, comprehensive development and reasonable utilization shall be followed, and the needs for disaster prevention and reduction, civil air defense and communication shall be taken into full consideration. It shall also be in line with the city planning, and the examining and approving formalities must be handled. Article 34 The people’s government of a city, county or town shall, in accordance with the city/town overall planning, overall planning on land use, annual plan as well as the national economic and social development planning, work out a near-term construction planning and submit the planning to the overall planning examining and approving organ for archival purpose. The near-term construction planning shall lay stress on the construction of important infrastructure, public service facilities and residential houses for mid and low income residents as well as the protection of ecological environment, specify the sequence, development direction and spatial layout. The period of a near-term construction planning shall be five years. Article 35 As for the land used for railway, highway, port, airport, road, greenbelt, electricity transmission and distribution facilities, electricity transmission lines, communication facilities, broadcasting & TV facilities, pipeline facilities, water courses, reservoirs, water head sites, natural reserves, flood prevention passages, fire fighting accesses, nuclear power plants, garbage landfills and incineration sites, sewage disposal plants and public service facilities, as well as other land whose use is under the protection of law as specified in urban and rural planning, it is forbidden to change their purpose without approval. Article 36 As for a construction project which is subject to the approval or verification of the related department as required by the state provisions, if the right to use state-owned land is appropriated, the construction entity shall, before filing the project with the related department for approval, apply to the competent department of urban and rural planning for issuing a written proposal of location. Written proposal of location is not required for other construction projects. Article 37 If the right to use state-owned land for a construction project within a city or town planning area is appropriated, upon the approval or verification of the related department, or putting-on-archive of the project, the construction entity shall apply to the competent department of urban and rural planning under the people’s government of the city or town for permitting the land use for construction, and the department shall issue a construction land use permit after checking and verifying the location and area of the land used for construction as well as the scope of areas where construction is permitted in accordance with the regulatory detailed planning. The construction entity may only apply to the competent department of land under the local people’s government at or above the county level for land use after obtaining the land use permit. The competent department of land may appropriate land to it upon the approval of the people’s government at or above the county level. Article 38 If the right to use state-owned land within a city or town planning area is assigned, the competent department of urban and rural planning under the people’s government of the city or county shall, before the assignment, raise such planning requirements as the location of the land to be assigned, nature of its use and development intensity as a component of the contract for assignment of the right to use start-owned land on the basis of regulatory detailed planning. As for any state-owned land, if the planning requirements are not specified yet, the right to use it may not be assigned. If the right to use state-owned land for a construction project is obtained by assignment, the construction entity shall, after concluding the contract for assignment of the right to use start-owned land, obtain the land use permit from the competent department of urban and rural planning of the people’s government of the city or county upon the strength of the approval, or verification or archive-filing documents of the project as well as the contract for assignment of the right to use start-owned land. The competent department of urban and rural planning of the people’s government of the city or county may not change the planning requirements which constitute a component of the contract for assignment of the right to use start-owned land in the land use permit without approval. Article 39 If the planning requirements are not incorporated into a contract for assignment of the right to use start-owned land, this contract is invalid. Where a construction entity without the land use permit is approved to use land, the people’s government at or above the county level shall cancel the approval document, if any land has been occupied, such land shall be returned promptly, and if any damage has been caused to a party concerned, compensations shall be made according to law. Article 40 To build any structure, fixture, road, pipeline or other engineering project within a city or town planning area, the construction entity or individual shall apply to the competent department of urban and rural planning under the people’s government of the city or county or the town people’s government specified by the people’s government of the province, autonomous region or municipality directly under the Central Government for a planning permit on construction project. To apply for a planning permit on construction project, the relevant documentary evidence on land use, the engineering design plan of the project as well as other related documents shall be submitted. If the project requires a site detailed planning, such planning shall also be submitted. If the project satisfies the regulatory detailed planning and the planning requirements, the competent department of urban and rural planning under the people’s government of the city or county or the town people’s government specified by the people’s government of the province, autonomous region or municipality directly under the Central Government shall issue a planning permit on construction project. The competent department of urban and rural planning under the people’s government of the city or county or the town people’s government specified by the people’s government of the province, autonomous region or municipality directly under the Central Government shall publicize the general site layout of the site detailed planning and the engineering design plan which have been deliberated and adopted according to law. Article 41 To build facilities needed by township and village enterprises, village public utilities or public welfare establishments within a township or village planning area, the construction entity or individual shall file an application with the people’s government of the township or town, which shall submit the application to the competent department of urban and rural planning of the people’s government of the city or county for issuing a planning permit for rural construction. The planning administrative measures for building villagers’ residential houses in the original house sites within a township or village planning area shall be formulated by each province, autonomous region or municipality directly under the Central Government on its own. When building premises needed by township and village enterprises, rural common facilities or public welfare establishments within a township or village planning area, no farm land may be used therefor. Where it is really necessary to use farm land, the competent department of urban and rural planning under the people’s government of the city or county may issue the planning permit for rural construction after the construction entity or individual handles the examining and approving formalities for changing the purpose of farm land in accordance with the relevant provisions of the Land Administration Law of the People’s Republic of China. The construction entity or individual may not handle the examining and approving formalities for land use until he obtains the planning permit for rural construction. Article 42 The competent departments of urban and rural planning may not grant any planning permit beyond the scope of land used for building as specified in urban and rural planning. Article 43 A construction entity shall proceed the construction in accordance with the planning requirements; in the case of any change, it must file an application therefor with the competent department of urban and rural planning under the people’s government of the city or county. If the change violates the regulatory detailed planning, the competent department may not approve the change. The competent department of urban and rural planning under the people’s government of the city or county shall notify the competent department of land at the same level of the changed planning requirements and publicize them. The construction entity shall file the changed planning requirements with the competent department of land of the related people’s government for archival purpose. Article 44 Any temporary construction within a city or town planning area must be subject to the approval of the competent department of urban and rural planning under the people’s government of the city or town. If the temporary construction impedes the implementation of the near-term construction planning, the regulatory detailed planning, traffic, townscape or safety, it shall be disapproved. A temporary construction must be dismantled before the expiration of the approved time limit. The specific measures for the administration of temporary construction and land use planning shall be formulated by the people’s government of each province, each autonomous region and each municipality directly under the Central Government. Article 45 The competent department of urban and rural planning under the local people’s government at or above the county level shall check and verify whether a construction project satisfies the planning requirements in accordance with the provisions of the State Council. Without such check or without passing the check, the construction entity may not organize the completion check and acceptance of the project. A construction entity shall, within 6 months after the completion check and acceptance, file the relevant materials about the completion check and acceptance with the competent department of urban and rural planning. Chapter IV Modification of Urban and Rural Planning Article 46 The organ establishing a provincial urban system planning, a city overall planning or a town overall planning shall organize the related departments and experts to evaluate the implementation of the planning on a regular basis and collect public opinions by argumentation, hearing or other ways. The organ shall submit an evaluation report attached with the collected opinions to the standing committee of the people’s congress at the same level, the people’s congress of the town and the organ examining and approving the planning. Article 47 Under any of the following circumstances, the organ establishing the planning may modify the provincial urban system planning, the city overall planning or the town overall planning within its power limits and in accordance with the prescribed procedure:
Before modifying the provincial urban system planning, the city overall planning or the town overall planning, the organ establishing it shall summarize the implementation of the planning and report the situation to the organ examining and approving the planning. If the modification involves the mandatory content of the city or town overall planning, the organ establishing it shall submit a special report to the organ examining and approving the planning, and shall set about to prepare the modification plan after obtaining the consent of the organ examining and approving the planning. The modified provincial urban system planning, city overall planning or town overall planning shall be filed for approval in accordance with the examining and approving procedures prescribed in Articles 13 through 16 of this Law. Article 48 To modify a regulatory detailed planning, the organ establishing it shall demonstrate the necessity of the modification, take counsel with the interested persons within the planning area, submit a special report to the organ examining and approving it, and set about to prepare the modification plan after obtaining the consent of the organ examining and approving the planning. The modified regulatory detailed planning shall be filed for approval in accordance with the examining and approving procedures as prescribed in Article 19 and Article 20 of this Law. If the modification involves the mandatory content of the city or town overall planning, the overall planning shall be modified first. The modification of a township or village planning shall be filed for approval in accordance with the examining and approving procedure prescribed in Article 22 of this Law. Article 49 The modified version of the near-term construction planning modified by the people’s government of a city, county or town shall be filed with the organ examining and approving overall planning for archival purpose. Article 50 Where, after the written proposal of location, the land use permit, the planning permit on construction project or the planning permit for rural construction is issued to a licensee, the licensee’s legitimate rights and interests are damaged as a result of the legal modification of urban and rural planning, compensations shall be made according to law. The general site layout of a site detailed planning or an engineering design plan approved according to law may not be modified without approval. If it is really necessary to modify it, the competent department of urban and rural planning shall hear the opinions of the interested parties in the form of hearing, etc. If the legitimate rights and interests of any interested party are damaged because of such modification, compensations shall be made according to law. Chapter V Supervision and Inspection Article 51 The people’s governments at or above the county level and the competent departments of urban and rural planning under them shall make more efforts in supervising and inspecting the establishment, examination and approval, implementation and modification of urban and rural planning. Article 52 A local people’s government shall report the implementation situation of urban and rural planning to the standing committing of the people’s congress at the same level or the people’s congress of the township or town, and shall be subject to the latter’s supervision. Article 53 The competent department of urban and rural planning of the people’s government at or above the county level shall supervise and inspect the implementation situation of urban and rural planning, and has the right to take the following measures:
The working personnel of the competent department of urban and rural planning shall produce their certificates when performing the aforesaid supervision and inspection duties. Entities and personnel under supervision shall cooperate with them, and may not impede or obstruct the supervision and inspection activities conducted according to law. Article 54 Supervision and inspection situation as well as handling results shall be opened according to law for the general public to refer to and supervise. Article 55 Where a competent department of urban and rural planning finds out, when investigating acts violating this Law, that a state functionary deserves an administrative penalty, it shall propose a penalty suggestion to the organ with the right to appoint and dismiss him or the supervisory body. Article 56 Where a competent department of urban and rural planning must give an administrative penalty as required by this Law but fails to do so, the competent department of urban and rural planning of the people’s government at a higher level has the right to order it to make a decision on giving the administrative penalty or suggest the related people’s government to impose an administrative penalty upon it. Article 57 Where a competent department of urban and rural planning grants an administrative license by violating this Law, the competent department of urban and rural planning of the people’s government at a higher level has the right to either order it to cancel or directly cancel the administrative license. If the cancellation damages the legitimate rights and interests of the party concerned, compensations shall be made according to law. Chapter VI Legal Liability Article 58 If any organ is required by law to establish urban and rural planning but fails to do so, or fails to establish, examine and approve or modify urban and rural planning in accordance with the prescribed procedure, the higher level people’s government shall order it to correct, circulate a notice of criticism and impose punishments on the principal of the related people’s government as well as other directly liable personnel. Article 59 If an organ establishing urban and rural planning entrusts an unqualified entity to establish urban and rural planning, the higher level people’s government shall order it to correct, circulate a notice of criticism and impose punishments on the principal of the related people’s government as well as other directly liable personnel. Article 60 Where the people’s government of a town or the competent department of urban and rural planning of the people’s government at or above the county level commits any of the following behaviors, the people’s government at the same level, the competent department of urban and rural planning of the higher level people’s government or the supervisory organ shall, within the authorized power limits, order it to correct, circulate a notice of criticism and impose punishments on the directly liable person in charge and other directly liable persons according to law:
Article 61 If the related department of the people’s government at or above the county level commits any of the following acts, the people’s government at the same level or the related department of the higher level people’s government shall order it to correct, circulate a notice of criticism, and impose punishments upon the directly liable person in charge and other directly liable persons:
Article 62 If an organ establishing urban and rural planning commits any of the following acts, the competent department of urban and rural planning of the people’s government of the city or county where it is located shall order it to correct within a certain time limit and impose a fine of not less than the planned planning expenses as stipulated in the contract but not more than double that amount. If the circumstances are serious, it shall be ordered to stop business for rectification, and the license-issuing organ shall degrade its qualification or revoke its qualification certificate. In the case of losses, it shall make compensation according to law:
If any organ undertakes urban and rural planning establishing work without obtaining the required qualification certificate according to law, the competent department of urban and rural planning of the local people’s government at or above the county level shall order it to stop the illegal act, and impose a fine in accordance with the preceding paragraphs. In the case of losses, it shall make compensation according to law. If any organ undertakes urban and rural planning establishing work with a defrauded qualification certificate, the license-issuing organ shall revoke its certificate, and impose a fine in accordance with the preceding paragraphs. In the case of losses, it shall make compensation according to law. Article 63 If, after obtaining the qualification certificate, an organ establishing urban and rural planning no longer satisfies the corresponding requirements, the license-issuing organ shall order it to correct within a certain time limit, and, if it fails to do so, degrade its qualification or revoke its certificate. Article 64 If a construction project is proceeded without obtaining the planning permit on construction project or by violating the provisions of the planning permit on construction project, the competent department of urban and rural planning of the local people’s government at or above the county level shall order it to stop construction. If it is still possible for the construction entity or individual to take measures to eliminate the impact on the implementation of urban and rural planning, the department shall order it or him to correct within a certain time limit and impose a fine of not less than 5% the construction cost but not more than 10% the cost; if it is impossible to take measures to eliminate the impact, the department shall order the construction entity or individual to dismantle the building or structure within a certain time limit and confiscate the real objects or the illegal gain, and may also impose a fine not more than 10% the construction cost. Article 65 Where a construction project is proceeded within a township or village planning area without obtaining the planning permit for rural construction or by violating the provisions of the planning permit for rural construction, the people’s government of the township or town shall order the construction entity or individual to stop construction, make correction within a certain time limit, and, if the entity or individual fails to do so within the time limit, dismantle the building or structure. Article 66 Where a construction entity or individual commits any of the following behaviors, the competent department of urban and rural planning of the people’s government of the city or county where it is located shall order it to dismantle the building within a certain time limit, and may impose a fine not more than the cost of the temporary construction project:
Article 67 If a construction entity fails to file the materials about the completion check and acceptance of the project with the competent department of urban and rural planning within 6 months after the completion check and acceptance of the project, the competent department of urban and rural planning of the people’s government of the city or county where it is located shall order it to make a supplementary report within a certain time limit, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan if it fails to do so. Article 68 If, after the competent department of urban and rural planning orders to stop building or dismantle the building or structure within a certain time limit, the party concerned refuses to stop building or fails to dismantle within the time limit, the local people’s government at or above the county level of the place where the construction project is located may order the related department to take measures such as closing down the construction site and mandatory dismantling. Article 69 Where any entity or individual violates this Law and constitutes a crime, it/he shall be subject to criminal liability. Chapter VII Supplementary Provisions Article 70 This Law shall come into force as of January 1st, 2008. The City Planning Law of the People’s Republic of China shall be abolished simultaneously. 5.2 Appendix 2: Real Estate Management Law(Adopted at the Eighth Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1994, promulgated by Order No. 29 of the President of the People's Republic of China on July 5, 1994, and effective as of January 1, 1995) Contents Article 1 This Law is formulated in order to strengthen administration of the urban real estate, maintain the order of real estate market, protect the legitimate rights and interests of real estate obligees and promote the healthy development of real estate business. Article 2 Obtaining the land-use right for development of real estate, engaging in development of real estate and transaction of real estate, and exercising administration of real estate in the State-owned land within a planned urban district in the People's Republic of China (hereinafter referred to as the State-owned land) shall comply with this Law. “Houses” as used in this Law means buildings and structures such as houses on the land. “Development of real estate” as used in this Law means acts of building infrastructure and houses on the State-owned land, the land-use right for which has been obtained in accordance with this Law. “Transaction of real estate” as used in this Law includes transfer of real estate, mortgage of real estate and lease of houses. Article 3 The State shall practise a compensatory and terminable system for the use of State-owned land in accordance with the law, however, allocation of the land-use right by the State under this Law shall be excepted. Article 4 The State shall, based on the social and economic development, support the development of construction of residential houses so as to gradually improve the housing conditions of the residents. Article 5 Obligees of real estate shall abide by the laws, administrative rules and regulations and pay taxes according to law. The legitimate rights and interests of the obligees of real estate shall be protected by the law and shall not be infringed by any units or individuals. Article 6 The department of construction administration and the department of land administration under the State Council shall, in accordance with the division of functions and powers prescribed by the State Council, attend to their own duties, act in close coordination and manage the work concerning real estate of the whole country. Institutional structures, and functions and powers of the departments of housing administration and land administration under the people's governments at or above the county level shall be determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Chapter II Land Used for Development of Real Estate Section 1 Granting of the Land-use Right Article 7 Granting of the land-use right refers to acts that the State grants land users the right to use the State-owned land(hereinafter referred to as the land-use right) for a certain number of years and the users shall pay the State a granting fee for the land-use right. Article 8 The land-use right for the collective-owned land within a planned urban district may be granted with payment only after it is requisitioned in accordance with the law and turned into State-owned land. Article 9 Granting of the land-use right must conform to the overall planning for land utilization, urban planning and the annual plan for land to be used for construction. Article 10 Where the local people's governments at or above the county level grant land-use right for development of real estate, they must, based on the quota set by the people's governments at or above the provincial level, draw up plans for the total area for annual granting of the land-use right, which shall, according to the provisions of the State Council, be reported to the State Council or the provincial people's government for approval. Article 11 Granting of the land-use right shall be carried out by the people's governments of the cities or counties in a planned and step-by-step way. With regard to each lot granted, plans for its purposes, term of use, and other conditions shall be worked out by the departments of land administration under the people's governments of the cities and counties in conjunction with the competent departments of urban planning, construction and housing administration. Such plans shall, according to the provisions of the State Council, be implemented by the departments of land administration under the people's governments of the cities or counties after their submission to and approval by the people's governments with due authority for approval. Limits of authority as provided in the preceding paragraph for the people's governments and their departments concerned of the counties of the municipalities directly under the Central Government shall be prescribed by the people's governments of the municipalities directly under the Central Government. Article 12 The land-use right may be granted in mode of auction, bidding or agreement between the two parties. For Land used for commercial, tourism, recreation and luxury housing purposes, where conditions permit, the mode of auction or bidding shall be adopted; where conditions do not permit and it is impossible to adopt the mode of auction or bidding, the mode of agreement between the two parties may be adopted. Fees for granting the land-use right in the mode of agreement between the two parties shall not be lower than the lowest price as determined in accordance with the provisions of the State. Article 13 The maximum term for the granting of the land-use right shall be prescribed by the State Council. Article 14 Granting of the land-use right shall be conducted through concluding a written granting contract. The contract for granting the land-use right shall be concluded between the departments of land administration under the people's governments of the cities or counties and the land users. Article 15 A land user must pay the fees for the granting of the land-use right as agreed upon in the granting contract. Where fees are not paid as agreed upon in the granting contract, the department of land administration shall have the power to rescind the contract and may demand compensation for the breach of contract. Article 16 Where a land user has paid the fees for the granting of the land-use right as agreed upon in the granting contract, the department of land administration under the people's government of the city or county must provide the land granted as agreed upon in the granting contract; where the land granted is not provided as agreed upon in the granting contract, the land user shall have the right to cancel the contract, the fees for granting the land-use right shall be returned by the department of land administration, and the land user may demand compensation for the breach of contract. Article 17 Where a land user who needs to modify the land-use purpose agreed upon in the contract for granting the land-use right, he must obtain the consent of the granting party and the competent administrative department for urban planning under the people's government of the city or county, conclude an agreement on the modification of the granting contract or conclude a new contract for granting the land-use right and the fees for granting the land-use right shall be accordingly readjusted. Article 18 All the fees for granting the land-use right shall be turned over to the State Treasury and incorporated into the budget so as to be used for the construction of urban infrastructure and land development. Specific measures for the turning over and use of the fees for granting the land-use right shall be formulated by the State Council. Article 19 Before the term for the use of land as agreed upon in the contract for granting the land-use right expires, the State is not to recover the land-use right obtained by the land user in accordance with the law. Under special circumstances as required by public interests, the State may, in accordance with legal procedures, recover the land-use right before the expiration of the term and shall make appropriate compensation based on the number of years of utilization and the actual development of the land by the land user. Article 20 The land-use right shall be terminated with loss of the land. Article 21 Where the term for the use of land as agreed upon in the contract for granting the land-use right expires, and the land user needs to continue the use of the land, the land user shall apply for an extension of the term no later than one year ahead of the expiration. Such an application shall be approved except for the land to be reclaimed as required by public interests. Upon approval of the extension, the land user shall enter into a new contract for the granting of the land-use right and pay fees for the granting in accordance with the relevant provisions. Where the term for the use of land as agreed upon in the contract for granting the land-use right expires, and the land user does not apply for an extension of the term or his application therefor is not approved in accordance with the provisions in the preceding paragraph, the land-use right shall be reclaimed by the State without compensation. Section 2 Allocation of the Land-use Right Article 22 Allocation of the land-use right refers to acts that the people's government at or above the county level approves in accordance with the law to allocate the land to a land user after the latter has paid compensation and expenses for resettlement, etc. for the allocated land, or gratuitously allocates the land-use right to the land user. Where the land-use right is obtained by mode of allocation in accordance with the provisions of this Law, except as otherwise provided by the laws, administrative rules and regulations, there shall be no restriction with respect to the term of use. Article 23 The land-use right for the following land used for construction may, if really necessary, be allocated upon approval by the people's government at or above the county level in accordance with the law:
Chapter III Development of Real Estate Article 24 The development of real estate must be strictly subjected to the urban planning and carried out in a manner of overall planning, rational distribution, comprehensive development and construction with supporting facilities, in line with the principle of combining the economic, social and environmental benefits. Article 25 Where the land-use right is obtained by mode of granting for development of real estate, the land must be developed according to the land-use purpose and the time limit for starting the development as agreed upon in the contract for granting the land-use right. Where one year has elapsed from the date for starting the development as agreed upon in the granting contract and the land is not yet developed, fees for idle land which is equivalent to twenty percent or less of the fees for granting the land-use right shall be collected; where two years have elapsed and the land is still not developed, the land-use right may be reclaimed without compensation, however, the circumstances where in the delay of starting the development is caused by force majeure or acts of governments or their departments concerned or by the early preparations necessary for starting the development shall be excepted. Article 26 The design and construction of a project of real estate development must conform to the relevant standards and norm of the State. A completed project of real estate development may be turned over for use only after it is checked and accepted. Article 27 The land-use right obtained pursuant to the law may, in accordance with the provisions of this Law and relevant laws, administrative rules and regulations, be valued and contributed as shares in developing and operating real estate in the form of joint ventures or contractual joint ventures. Article 28 The State shall adopt preferential measures in aspects such as taxation to encourage and support real estate development enterprises to develop and construct residential houses. Article 29 A real estate development enterprise is an enterprise engaged in real estate development and operation for purpose of profit. To establish a real estate development enterprise, the following conditions shall be met:
To establish a real estate development enterprise, an application for registration of establishment shall be made to the administrative department for industry and commerce. Where conditions specified in this Law are met, the administrative department for industry and commerce shall register the establishment and issue a business license. And registration shall not be made, where such conditions are not met. To establish a limited liability company or a joint stock limited company engaged the real estate development and operation, relevant provisions of the Company Law shall also be complied with. A real estate development enterprise shall, within one month after obtaining a business license, report its establishment for the record to the department designated by the local people's government at or above the county level in the place where the registration authority is located. Article 30 The proportion of registered assets of a real estate development enterprise to its total investment shall comply with the relevant provisions of the State. Where a real estate development enterprise develops real estate in phases, the amount of phased investment shall be commensurate with the scale of the project and the capital shall be put into construction of the project on schedule as agreed upon in the contract for granting the land-use right. Chapter IV Transaction of Real Estate Section 1 General Conditions Article 31 In the transfer or mortgage of real estate, the ownership of the house and the land-use right to the house site shall be transferred or mortgaged therewith. Article 32 The basic land price, standard land price and replacement prices for houses of various types shall be determined and made public regularly. Specific measures shall be formulated by the State Council. Article 33 The State shall practise an appraisal system for real estate prices. The appraisal of real estate prices shall adhere to the principles of justice, fairness and openness, and be carried out according to the technical standard and appraisal procedures prescribed by the State, based on the basic land price, standard land price and replacement prices for houses of various types and in the light of local market prices. Article 34 The State shall practise a report system for real estate transaction prices. An obligee of real estate shall, in transfer of his real estate, faithfully report the transaction price to the department designated by the local people's government at or above the county level and shall not make a concealed or false report. Article 35 Where real estate is transferred or mortgaged, the party concerned shall register the ownership of the real estate pursuant to the provisions of Chapter V of this Law. Section 2 Transfer of Real Estate Article 36 Transfer of real estate refers to acts that an obligee of real estate transfers his real estate to another person through sale, donation or other legal means. Article 37 No following real estate shall be transferred:
Article 38 Where the land-use right is obtained by mode of granting, transfer of the real estate shall meet the following conditions: 1. to have paid all the fees for the granting of the land-use right as agreed upon in the granting contract and obtained the certificate of the land-use right; and 2. to have invested for development as agreed upon in the granting contract and have fulfilled twenty-five percent or more of the total investment for development in the case of housing projects, or have constituted conditions of land-use for industrial purposes or other construction projects in the case of developing tracts of land. Where real estate is transferred with the construction of houses completed, the certificate of the house ownership shall be acquired. Article 39 Where the land-use right is obtained by mode of allocation, the transfer of the real estate shall, according to the provisions of the State Council, be reported for examination and approval to the people's government that has the authority for approval. Upon approval of the transfer by the people's government with the authority for approval, the transferee shall go through the formalities for the granting of the land-use right and pay the fees therefor according to the relevant provisions of the State. Where the land-use right is obtained by mode of allocation and the transfer of the real estate is reported for approval, and where the people's government that has the authority for approval decides in accordance with the provisions of the State Council that the formalities for granting the land-use right need not be gone through, the transferor shall, pursuant to the provisions of the State Council, turn over to the State the proceeds obtained from land in the transfer of the real estate or dispose of such proceeds otherwise. Article 40 For the transfer of real estate, a written transfer contract shall be concluded in which the mode of obtaining the land-use right shall be stated. Article 41 When real estate is transferred, the rights and obligations stated in the contract for granting the land-use right shall be transferred therewith. Article 42 Where the land-use right is obtained by mode of granting and after the real estate is transferred, the term for the use of the land-use right shall be the remaining years after subtracting the years of use by the former land user from the original term agreed upon in the contract for granting the land-use right. Article 43 Where the land-use right is obtained by mode of granting and after the real estate is transferred, the transferee modifies the land-use purpose agreed upon in the contract for granting the land-use right, the transferee must obtain consent from the transferor and the administrative department in charge of urban planning under the people's government of the relevant city or county, and conclude an agreement on the modification of the contract for granting the land-use right or enter into a new contract for granting the land-use right and readjust the fees for granting the land-use right accordingly. Article 44 For the presale of commercial houses, the following conditions shall be met:
Pre-sellers of commercial houses shall, in accordance with the relevant provisions of the State, submit the presale contracts to the departments of housing administration and departments of land administration under the people's governments at or above the county level for registration and record. The proceeds obtained from the presale of commercial houses must be used for the relevant construction projects. Article 45 In the case of presale of commercial houses, matters concerning the transfer of incomplete pre-sold commercial houses that the buyers have purchased shall be prescribed by the State Council. Section 3 Mortgage of Real Estate Article 46 Mortgage of real estate refers to acts that a mortgagor provides the mortgagee security for the payment of a debt with his legal real estate in the manner that the possession of his real estate is not transferred. Where a debtor fails to pay his debt, the mortgagee shall have the right in accordance with the law to enjoy the priority in compensation to be paid with funds obtained from auction of the real estate mortgaged. Article 47 A mortgage may be created on the ownership of a house obtained according to law together with the land-use right to the house site. A mortgage may be created on the land-use right obtained by mode of granting. Article 48 The mortgage of real estate shall be dealt with on the strength of the certificate of the land-use right and the certificate of ownership of the house. Article 49 For the mortgage of real estate, the mortgagor and the mortgagee shall enter into a written mortgage contract. Article 50 Where the land-use right on which a mortgage is created is obtained by mode of allocation, the mortgagee may enjoy the priority in compensation only after the amount equal to the fees for the granting of the land-use right is paid from the funds obtained from auction of the real estate done in accordance with the law. Article 51 After a contract for the mortgage of the real estate is concluded, newly-built houses on the land shall not be regarded as the mortgaged asset. If the mortgaged real estate needs to be sold by auction, the newly-built houses on the land may be auctioned off according to law together with the mortgaged assets. However, the mortgagee shall not have the priority in compensation with respect to the funds obtained from auction of the newly-built houses. Section 4 Lease of Houses Article 52 Lease of houses refers to acts that an owner of a house in the capacity of a leaser leases his house to a lea see for use and the lea see pays rent for the house to the leaser. Article 53 In the lease of a house, the leaser and the lea see shall conclude a written lease contract defining such matters as the term, purpose, and price of the lease, liability for repair, as well as other rights and obligations of both parties, and shall register the lease with the department of housing administration for the record. Article 54 Lease of residential houses shall be carried out in accordance with policies on lease formulated by the State and the people's government of the city where the houses are located. Where houses are leased for activities of production and business operation, the rent and other terms for the lease shall be determined by both parties through consultation. Article 55 Where an owner of a house, for profit-making purposes, leases the house built on the State-owned land, the land-use right for which is obtained by mode of allocation, he shall turn over to the State the proceeds derived from the land and contained in the rent. The specific measures shall be prescribed by the State Council. Section 5 Intermediary Service Agencies Article 56 Intermediary service agencies for real estate include real estate consultant agencies, real estate price appraisal agencies and real estate broking agencies. Article 57 Intermediary service agencies for real estate shall meet the following conditions:
For establishing an intermediary service agency for real estate, an application for registration of the establishment shall be submitted to the administrative department for industry and commerce and a business licence shall be obtained, before it starts its business. Article 58 The State shall practise a qualification authentication system for real estate price appraisers. Chapter V Administration of Real Estate Ownership Registration Article 59 The State shall practise a system of registration and certification for land-use right and ownership of houses. Article 60 Where the land-use right is obtained by mode of granting or allocation, an application for registration shall be submitted to the department of land administration under the local people's government at or above the county level. Upon verification by the department of land administration under the local people's government at or above the county level, the certificate of the land-use right shall be issued by the people's government at the corresponding level. Where a house is built on the land for real estate development obtained pursuant to the law, an application for registration shall, on the strength of the certificate of land-use right, be submitted to the department of housing administration under the local people's government at or above the county level. The department of housing administration under the local people's government at or above the country level shall issue the certificate of ownership of the house after verification. Where transfer or modification of real estate is made, an application for registration of the modification of house property shall be submitted to the department of housing administration under the local people's government at or above the county level and on the strength of the certificate of the ownership of the house after modification, an application for registration of the modification of the land-use right shall be submitted to the department of land administration under the people's government at the corresponding level. Upon verification by the department of land administration under the people's government at the corresponding level, a new or a modified certificate of the land-use right shall be issued by the people's government at the corresponding level. Where provided otherwise by laws, the provisions of relevant laws shall apply. Article 61 Where real estate is mortgaged, registration of mortgage shall be made with the department designated by the local people's government at or above the county level. Where the land-use right and the ownership of a house are obtained from disposal of mortgaged real estate, the change of ownership for the land-use right and the house shall be registered in accordance with the provisions of this Chapter. Article 62 Where a department of the local people's government at or above the county level is in charge of both housing administration and land administration as determined by the people's government of the relevant province, autonomous region or municipality directly under the Central Government, such department may make and issue the uniform certificate of the ownership of real estate, in which the confirmation and modification of the ownership of houses and the land-use right of the house site shall be recorded respectively in accordance with the provisions of Article 60 of this Law. Chapter VI Legal Liability Article 63 Where anyone, in violation of the provisions of Article 10 or Article 11 of this Law, approves without authorization the granting of land-use right or grants land-use right without due approval for development of real estate, the person who is held responsible shall be given an administrative sanction by an organ at a higher level or by the unit to which he belongs. Article 64 Whoever, in violation of the provisions of Article 29 of this Law, engages in business of real estate development without obtaining a business license shall be ordered to stop activities of real estate development and confiscated of his unlawful proceeds and may be concurrently imposed a fine by the administrative department for industry and commerce under the people's government at or above the county level. Article 65 Whoever, in violation of the provisions of paragraph 1 of Article 38 of this Law, transfers the land-use right shall be confiscated of his unlawful proceeds and may be concurrently imposed a fine by the department of land administration under the people's government at or above the county level. Article 66 Whoever, in violation of the provisions of paragraph 1 of Article 39 of this Law, transfers real estate shall be ordered to pay the fees for the granting of the land-use right, confiscated of his unlawful proceeds and may concurrently be imposed a fine by the department of land administration under the people's government at or above the county level. Article 67 Whoever, in violation of the provisions of paragraph 1 of Article 44 of this Law, pre-sells commercial houses shall be ordered to stop activities of presale, confiscated of his unlawful proceeds and may concurrently be imposed a fine by the department of housing administration under the people's government at or above the county level. Article 68 Whoever, in violation of the provisions of Article 57 of this Law, engages in intermediary services for reale state business without obtaining a business license shall be ordered to stop activities of intermediary services for realestate business, confiscated of his unlawful proceeds and may concurrently be imposed a fine by the administrative department for industry and commerce under the people's government at or above the county level. Article 69 Whoever collects fees from a real estate development enterprise without the basis of laws, rules and regulations shall be ordered by the organ at a higher level to return the fees thus collected; if the circumstances are serious, the person who is held directly responsible shall be given an administrative sanction by the organ at a higher level or by the unit to which he belongs. Article 70 Where functionaries of departments of housing administration or land administration commit negligence of duty or abuse of power and the case constitutes a crime, they shall be investigated for criminal responsibilities in accordance with the law; if the case does not constitute a crime, they shall be given administrative sanctions. Where functionaries of departments of housing administration or land administration take advantage of their functions and powers to extort money or properties from others or to illegally receive money or properties from others, thus seeking gains for others, and the case constitutes a crime, they shall be investigated for criminal responsibilities in accordance with the supplementary provisions on punishing crimes of embezzlement and bribery; if the case does not constitute a crime, they shall be given administrative sanctions. Chapter VII Supplementary Provisions Article 71 Obtaining the land-use right for development of real estate, engaging in development of real estate and transaction of real estate, and exercising administration of real estate in the State-owned land outside of a planne durban district shall be carried out by making reference to this Law. Article 72 This Law shall enter into force as of January 1,1995. 5.3 Appendix 3: Construction Law(Adopted at the 28th Meeting of the Standing Committee of the Eighth National People's Congress on November 1, 1997 and promulgated by Order No. 91 of the President of the People's Republic of China on November 1, 1997) Contents Article 1 This Law is enacted with a view to enhancing supervision and administration over building operations, maintaining order in the construction market, ensuring the quality and safety of construction projects and promoting the sound development of the building industry. Article 2 This Law shall be adhered to in engaging in building operations and in the exercise of supervision and administration over building operations within the territory of the People's Republic of China. The building operations referred to in this Law mean construction of all types of housing and the construction of their ancillary facilities as well as their matching installation operations of wiring, piping and equipment. Article 3 The building operations shall ensure the quality and safety of construction projects and ensure that they are in conformity with the state safety standards for construction projects. Article 4 The State supports the development of the building industry, supports scientific and technological research in construction to improve the levels in the design of housing construction, encourages energy economy and environmental protection, encourages adoption of advanced technologies, advanced equipment, advanced techniques and new building materials and modern mode of management. Article 5 In engaging in building operations, laws and regulations shall be adhered to, and public interest of society and the legitimate rights and interests of others shall not be infringed upon. No unit or individual shall hinder or obstruct the building operations conducted in accordance with law. Article 6 The competent department of construction administration under the State Council exercises uniform supervision and administration over building operations nationwide. Chapter II Building Permit Section 1 Building Permit for Construction Project Article 7 A construction unit shall, prior to the start of construction of a construction project, apply to the competent department of construction administration of the people's government at or above the county level of the place where in the project is to be located for a building permit pursuant to the relevant state provisions; however, the below-ceiling small projects determined by the competent department of construction administration under the State Council are exceptions. A construction project the report for the start of construction of which has been approved pursuant to the terms of reference and procedures prescribed by the State Council shall no longer obtain a building permit. Article 8 Application for a building permit shall meet the following terms:
The competent department of construction administration shall, within 15 days from the date of receipt of an application, issue a building permit for the application which conforms to the terms. Article 9 A construction unit shall start the construction within three months from the date of acquisition of the building permit. For inability to start the construction in time due to unforeseen reasons, an application for extension shall be filed with the permit-issuing organ; the extension shall be limited to two times, and each time shall not exceed three months. The building permit shall be automatically annulled in the case of a construction project which neither gets started nor applies for extension, or which has exceeded the time limit for extension. Article 10 For suspension of construction of a construction project under construction due to unforeseen reasons, the construction unit shall, within one month from the date of suspension of the construction, submit a report to the permit-issuing organ and carry out maintenance and administration of the construction project in accordance with rules. A report shall be submitted to the permit-issuing organ when the construction project resumes construction; prior to resumption of construction of a construction project whose construction has been suspended for a year, the construction unit shall submit a report to the permit-issuing organ for the verification and examination of the building permit. Article 11 For inability to start construction in time or suspension of construction due to unforeseen reasons, a construction project the report for the start of construction of which has been approved pursuant to the relevant provisions of the State Council shall submit a report to the approval authority in time on the situation. For inability to start construction in time exceeding six months due to unforeseen reasons, formalities for the approval of the report for the start of construction shall be completed again. Section 2 Qualifications for Operations. Article 12 Building construction enterprises, survey units, design units and project supervision units engaging in building operations shall have the following qualifications:
Article 13 Building construction enterprises, survey units, design units and project supervision units engaging in building operations shall be classified into different grades of human quality in accordance with such human quality qualifications as the registered capital, specialized technical personnel, technical equipment in their possession and achievements in construction projects completed, and may engage in building operations within the scope permitted by their respective human quality grades on acquisition of the corresponding grade human quality certificates upon passing human quality examination. Article 14 Specialized technical personnel engaging in building operations shall obtain corresponding qualification certificates for operations in accordance with law and engage in building operations within the scope permitted by the qualification certificates for operations. Chapter III Construction Project Contract Issuance and Contracting Section 1 General Rules Article 15 The contract issuing unit and contracting unit of a construction project shall conclude a contract in writing according to law expressly defining the rights and obligations of the parties. The contract issuing unit and contracting unit shall comprehensively fulfil the obligations agreed in the contract. The party that fails to fulfil the obligations pursuant to the agreement in the contract shall bear the liability for the breach of the agreement according to law. Article 16 Invitation to tender and bidding of the tender of contract issuance and contracting of a construction project shall follow the principle of openness, fairness and equal competition and the contracting unit shall be selected on merit. For invitation to tender and bidding of the tender of construction projects not prescribed by this Law, provisions of laws relating to invitation to tender and bidding of the tender shall apply. Article 17 A contract issuing unit and its staff members shall not, in the contract issuance of a construction project, accept bribes and commissions or seek other benefits. A contracting unit and its staff members shall not employ such unfair means as offering bribes, commissions or giving other benefits to the contract issuing unit and its staff members to contract the project. Article 18 The cost of a construction project shall, pursuant to relevant state provisions, be agreed upon by the contract issuing unit and the contracting unit in the contract. For a construction project with invitation to open tender, the agreement on its cost shall abide by the provisions of laws on invitation to tender and bidding. The contract issuing unit shall, pursuant to the agreement in the contract, make allocations for the project in time. Section 2 Contract Issuance Article 19 Construction projects shall practise contract issuance by invitation to tender in accordance with law; those construction projects not suitable for contract issuance by invitation to tender may adopt direct contract issuance. Article 20 For a construction project for invitation to open tender, the contract issuing unit shall, pursuant to the legal procedures and mode, publish a tender notice providing tender documents carrying such contents as major technical requirements of the project open to tender, main articles of the contract, standards and methods of bid evaluation as well as procedures of bid opening, bid evaluation and bid finalization. Bid opening shall be held in public at the time and place prescribed in the tender document. Evaluation and comparison of bid proposals shall be carried out pursuant to the standards and procedures for bid evaluation prescribed in the tender document after the bids are opened, and selection of the winning bidder made from among bidders with corresponding human quality qualifications on merit. Article 21 Bid opening, bid evaluation and bid selection of the construction project open to tender shall be organized and carried out by the construction unit according to law and subject to the supervision of the competent administrative departments concerned. Article 22 For a construction project following contract issuance through tender, the contract issuing unit shall award the contract of the construction project to the contracting unit winning the bid in accordance with law. For a construction project following direct contract issuance, the contract issuing unit shall award the contract of the construction project to the contracting unit with corresponding human quality qualifications. Article 23 The Government and its subordinate departments shall not abuse their administrative powers in restricting contract issuing units in awarding contracts of construction projects following contract issuance through tenders to designated contracting units. Article 24 General contracting of construction projects shall be encouraged and dismemberment of contract issuance of construction projects shall be prohibited. The contract issuing unit of a construction project may award in total the contract of surveying, design, construction and equipment procurement of the construction project to a general contracting unit of the project. It may also award one item or several items of surveying, design, construction and equipment procurement of the construction project to a general contracting unit of the project; however, it shall not dismember a construction project which should be completed by one single contracting unit into several parts for awarding contracts to several contracting units. Article 25 For building materials, building structural pieces and parts and equipment to be procured by the contracting unit of the project pursuant to the agreement in the contract, the contract issuing unit shall not designate the contracting unit in the procurement of building materials, building structural pieces and parts and equipment for the project, nor shall it designate the manufacturers and suppliers of the same. Section 3 Contracting Article 26 The contracting units of construction projects shall contract projects with human quality certificates obtained in accordance with law and within the business scope permitted by their human quality grades. Building construction enterprises shall be prohibited to contract projects beyond the business scope permitted by their respective human quality grades or in the name of other building construction enterprises in any form. Building construction enterprises shall be prohibited to permit in any form other units or individuals in the use of their human quality certificates, business licences to contract projects in the name of their respective enterprises. Article 27 Large construction projects or construction projects with complex structures may be jointly contracted by more than two contracting units. Parties to the joint contract shall bear joint responsibilities in the implementation of the contract. In the case of a joint contract by more than two units with different human quality grades, the project shall be contracted in accordance with the business scope granted to the unit with lower human quality grade. Article 28 Subcontracting to others of the entire construction project contracted by the contracting unit shall be prohibited. Subcontracting to others in the name of subcontracting after dismemberment of the entire construction project contracted by the contracting unit shall be prohibited. Article 29 The general contracting unit of a construction project may award contracts of parts of the contracted project to subcontracting units with corresponding human quality qualifications; however, except for the subcontracting agreed upon in the general contracting contract, acknowledgement of the construction unit shall be obtained. In the case of general contracting of construction, construction of the main structure of the construction project must be completed by the general contracting unit itself. The general contracting unit of a construction project shall, pursuant to the agreement in the general contracting contract, be responsible to the construction unit; subcontracting units shall, pursuant to the agreement in the subcontracts, be responsible to the general contractor. The general contracting unit and subcontracting units shall bear joint responsibility to the construction unit in respect of the subcontracted projects. The general contracting unit is prohibited to subcontract the project to units with no corresponding human quality qualifications. The subcontracting unit shall be prohibited to re-subcontract the project it has contracted. Chapter IV Construction Project Supervision and Control Article 30 The State practises the construction project supervision and control system. The State Council may determine the scope of mandatory supervision and control of construction projects. Article 31 The construction unit of a construction project under supervision and control shall entrust the supervision and control with an engineering supervision and control unit with corresponding human quality qualifications. The construction unit and its entrusted engineering supervision and control unit shall conclude a contract for entrustment of supervision and control in writing. Article 32 The construction project supervisor-controller shall, pursuant to the laws, administrative regulations as well as relevant technical standards, design documents and the construction project contractual contract, exercise supervision over the contracting unit in construction quality, construction schedule and use of construction funds on behalf of the construction unit. Engineering supervisors have the power to ask the building construction enterprise to make corrections when they hold that construction of the project does not conform to engineering design requirements, construction technical standards and agreement in the contract. Engineering supervisors shall, upon discovery of engineering design not in conformity with construction project quality standards or quality requirements agreed in the contract, report to the construction unit to ask the design unit to make corrections. Article 33 The construction unit shall, prior to the exercise of supervision and control over the construction project, notify the building construction enterprise to be put under supervision and control in writing of the entrusted engineering supervision and control unit, the contents of supervision and control and terms of reference in supervision and control. Article 34 An engineering supervision and control unit shall undertake engineering supervision and control business within the scope of supervision and control permitted for its human quality grade. The engineering supervision and control unit shall, in accordance with the entrustment of the construction unit, conduct the missions of supervision and control objectively and fairly. The engineering supervision and control unit and the contracting unit of the project under supervision and control as well as supply units of building materials, building structural pieces and parts and equipment shall not have subordinate relationship or other relations of interest. The engineering supervision and control unit shall not transfer its engineering supervision and control business. Article 35 An engineering supervision and control unit shall bear corresponding liability of compensation in the case of failure to fulfil the obligations of supervision and control agreed in the contract of entrustment of supervision and control, not carrying out inspection or carrying out inspection not in accordance with the provisions over items which should have been put under supervision and inspection, thus causing losses to the construction unit. An engineering supervision and control unit shall bear joint liability of compensation with the contracting unit for collusion in gaining illegal interests for the contracting unit thus causing losses to the construction unit. Chapter V Construction Production Safety Management Article 36 Construction project production safety management must adhere to the policy of safety first and prevention first, establish and perfect the responsibility system of production safety and the system of prevention and treatment by the masses. Article 37 Construction project design shall conform to the construction safety procedures and technical standards formulated in accordance with state provisions to ensure the safety performance of the project. Article 38 A building construction enterprise shall work out corresponding safety technical measures according to the characteristics of the construction project in the compilation of design for construction organization; for speciality-intensive items of the project, design for special-purpose safety construction organization shall be compiled and safety technical measures taken. Article 39 A building construction enterprise shall take such measures as the maintenance of safety, precautions against danger and fire prevention at the construction site; where there are the required conditions, construction site closed management shall be followed. A building construction enterprise shall take safety protection measures in the case of the construction site causing possible damage to its adjoining buildings, structures or special operational environment. Article 40 The construction unit shall provide the building construction enterprise with the relevant information on underground piping and wiring of the construction site, and the building construction enterprise shall take measures for their protection. Article 41 The building construction enterprise shall abide by the provisions of the laws and regulations relating to environmental protection and safety in production and take control and disposal measures at the construction site of various kinds of dust, waste gas, waste water, solid waste as well as noise, vibration polluting and damaging the environment. Article 42 A construction unit shall, pursuant to the relevant state provisions, go through the formalities of application for approval in case of any of the following circumstances:
Article 43 The competent department of construction administration shall be responsible for the administration of construction safety in production and subject to the guidance and supervision of the competent department of labour in construction safety in production in accordance with law. Article 44 A building construction enterprise must, in accordance with law, strengthen construction safety production management, implement the safety production responsibility system and take effective measures to prevent casualties and other accidents in safety production from taking place. The legal representative of a building construction enterprise shall be responsible for the safety in production of the enterprise. Article 45 The building construction enterprise shall be responsible for the construction site safety. The general contracting unit shall be responsible for the construction site safety of the project under general contract for construction. Subcontracting units shall be responsible to the general contracting unit and subordinate themselves to the management of the general contracting unit for construction site safety in production. Article 46 Building construction enterprises shall establish and perfect the educational and training system of safety in labour and production, step up the education and training of workers and staff members in safety in production; no personnel without undergoing education and training in safety in production shall take up posts in operations. Article 47 Building construction enterprises and their personnel shall, in the process of construction, abide by the laws and regulations relating to safety in production and safety regulations and procedures of the building industry, and shall not give command in contravention of regulations or operate in contravention of regulations. Operators have the right to put forth suggestions for improvement with regard to the operational procedures and operational conditions adversely affecting physical health and have the right to obtain protective gear necessary for safety in production. Operators have the right to make criticism, report the case of and file charges against acts endangering lives, safety and physical health. Article 48 Building construction enterprises must insure workers and staff members engaging in dangerous operations against accidental injuries and pay the insurance premium. Article 49 In restoration or rehabilitation project involving the main body of the building and changes in the weight-bearing structure, the construction unit shall, prior to the construction, entrust the original design unit or a design unit with corresponding human quality qualifications to put forth a design proposal; where there is no design proposal, no construction shall be undertaken. Article 50 Dismantling of houses shall be undertaken by building construction units with conditions to ensure safety and the person-in-charge of the building construction units shall be responsible for the safety. Article 51 In the event of an accident in the process of construction, the building construction enterprise shall take emergency measures to reduce casualties of personnel and losses caused by the accident, and submit a report in time to the departments concerned pursuant to relevant state provisions. Chapter VI Construction Project Quality Control. Article 52 The quality of survey, design and construction of a construction project must conform to the requirements of state safety standards relating to construction projects. Specific control measures shall be formulated by the State Council. State standards relating to safety in construction projects shall be revised in time when they are unable to adapt to the requirements of ensuring safety in building. Article 53 The State practises the quality system authentication system with respect to units engaging in building operations. Units engaging in building operations may, in accordance with the principle of voluntarism, apply for quality system authentication to authentication agencies acknowledged by the department of product quality supervision administration under the State Council or by the authorized departments of the department of product quality supervision administration under the State Council. Authentication agencies shall issue quality system authentication certificates to those having qualified for the authentication. Article 54 No construction unit shall, with whatever reasons, ask the building design unit or building construction enterprise to lower the project quality in project design or construction operations in violation of the laws, administrative regulations and quality and safety standards of construction projects. The building design unit and building construction enterprise shall reject the requests of the construction unit for lowering the project quality in violation of the provisions of the preceding paragraph. Article 55 For a construction project under general contract, the general contracting unit shall be responsible for the project quality. In the case of the general contracting unit subcontracting out the construction project to other units, the former shall bear joint responsibility with the subcontracting units of the quality of the subcontracted projects. The subcontracting units shall subject themselves to the quality control of the general contracting unit. Article 56 The survey and design units of a construction project shall be responsible for the quality of their survey and design. Survey and design documents shall conform to the provisions of relevant laws and administrative regulations and construction project quality and safety standards and technical standards for construction project survey and design as well as the agreement in the contract. Such technical indexes as the specifications, types and characteristics of building materials, building structural pieces and parts and equipment selected in the design documents shall be annotated and their quality requirements shall conform to the standards prescribed by the state. Article 57 No building design unit shall designate manufacturers or suppliers of the building materials, building structural pieces and parts and equipment selected in the design documents. Article 58 The building construction enterprise shall be responsible for the construction quality of a project. The building construction enterprise must proceed with the construction in accordance with the project design drawings and construction technical standards and shall not do shoddy work and use inferior materials. The original design unit shall be responsible for revisions in the project design and the building construction enterprise shall not revise the project design on its own. Article 59 The building construction enterprise must carry out inspections over the building materials, building structural pieces and parts and equipment in accordance with the requirements of the project design, construction technical standards and agreement in the contract and shall not use those that fail to pass the inspection. Article 60 A building must ensure the quality of its ground foundation project and the main part of the structure within its life expectancy of rational use. No such quality flaws as leakage, seepage and cracks in roofs and on wall surfaces shall remain upon completion of a construction project; the building construction enterprise shall repair the quality flaws discovered. Article 61 A construction project handed over for completion acceptance checks must conform to the prescribed construction project quality standards, have complete project technical and economic information and signed project warranty, and have qualified other conditions for completion prescribed by the state. A construction project may only be handed over for use upon passing the acceptance checks; no construction project shall be handed over for use without going through the acceptance checks or passing the acceptance checks. Article 62 Construction projects practise the quality warranty system. The scope of warranty of a construction project shall include the ground foundation project, main part structural project, roof waterproof project and other civil engineering projects as well as installation projects of electrical wiring and water piping and drainage and projects of the heating and cooling systems; the duration of warranty shall be determined in accordance with the principle of ensuring the normal use of the building within its rational life expectancy and safeguarding the legitimate rights and interests of the user. Specific warranty scope and minimum warranty duration shall be laid down by the State Council. Article 63 Any unit or individual has the right to report to, file a charge or lodge a complaint with the competent department of construction administration or other departments concerned about quality accidents and quality flaws of construction projects. Chapter VII Legal Liability. Article 64 For construction on one's own without obtaining a building permit or without obtaining approval of the report for the start of construction in violation of the provisions of this Law, an order shall be issued for making corrections; that which does not conform to the conditions for the start of construction shall be ordered to stop construction and maybe imposed a fine. Article 65 In the case of the contract issuing unit issuing contracts of a construction project to contracting units without corresponding human quality qualifications or issuing contracts of a construction project after dismemberment in violation of the provisions of this Law, the violator shall be ordered to make a rectification and imposed a fine. For contracting a project beyond the human quality grade of the unit, the violator shall be ordered to stop the illegal act and imposed a fine, it may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, its human quality certificate shall be revoked; where there are illegal gains, they shall be confiscated. Contracting a project without obtaining the human quality certificate shall be banned and imposed a fine; where there are illegal gains, they shall be confiscated. For obtainment of the human quality certificate by fraud, the human quality certificate shall be revoked and a fine imposed; where a crime has been constituted, criminal liability shall be investigated according to law. Article 66 Any building construction enterprise that transfers or lends its human quality certificate or permits others to contract a project in the name of the enterprise in other forms shall be ordered to make a rectification, its illegal gains shall be confiscated and a fine imposed, and may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked. For losses caused by non-compliance with the prescribed quality standards to the said contracted project, the building construction enterprise and the unit or individual using the name of the enterprise shall share joint responsibility for compensation. Article 67 Any contracting unit that subcontracts its contracted project or subcontracts it in violation of the provisions of this Law shall be ordered to make a rectification, its illegal gains shall be confiscated, and a fine imposed, may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked. Any contracting unit having committed the illegal act of the preceding paragraph shall share joint responsibility for compensation with the unit accepting subcontract or the subcontracting unit for losses caused by non-compliance with the prescribed quality standards to the subcontracted project or the illegally subcontracted project. Article 68 Whoever seeks bribes, accepts bribes or gives bribes in issuing contract of a project or contracting a project shall, if a crime has been constituted, be investigated of criminal liability; where a crime has not been constituted, fines shall be imposed separately, property of bribes confiscated, and sanctions imposed on the person-in-charge held directly responsible and other persons directly responsible. In addition to the penalties prescribed in the preceding paragraph, any contracting unit that gives bribes in the contracting of a project may be ordered to suspend operations for consolidation, lower its human quality grade or its human quality certificate shall be revoked. Article 69 Any project supervision and control unit that acts in collusion with the construction unit or building construction enterprise, practising fraud and lowering project quality shall be ordered to make a rectification, imposed a fine and its human quality grade shall be lowered or the human quality certificate revoked; where there are illegal gains, they shall be confiscated; where losses have been caused, joint responsibility for compensation shall be borne; where a crime has been constituted, criminal liability shall be investigated according to law. Any project supervision and control unit that transfers its supervision and control business shall be ordered to make a rectification, confiscated of its illegal gains, may be ordered to suspend operations for consolidation and lower its human quality grade; where the circumstances are serious, the human quality certificate shall be revoked. Article 70 Any construction of a restoration and rehabilitation project without authorization involving the main part of a building or changes in the weight-bearing structure in violation of the provisions of this Law shall be ordered to make a rectification and imposed a fine; where losses have been caused, liability for compensation shall be borne; where a crime has been constituted, criminal liability shall be investigated according to law. Article 71 Any building construction enterprise that fails to take measures to eliminate the hidden causes of safety accidents in construction in violation of the provisions of this Law shall be ordered to make a rectification and may be imposed a fine; where the circumstances are serious, it shall be ordered to suspend operations for consolidation and lower its human quality grade or its human quality certificate shall be revoked; where a crime has been constituted, criminal liability shall be investigated according to law. Managerial staff of a building construction enterprise giving command in contravention of regulations and forcibly ordering workers and staff members to engage in operations in the face of dangers thereby leading to an accident of heavy casualties or causing other serious consequences shall be investigated of the criminal liability according to law. Article 72 Any construction unit that asks the building design unit or building construction enterprise to lower project quality in contravention of construction project quality and safety standards in violation of the provisions of this Law shall be ordered to make a rectification and may be imposed a fine; where a crime has been constituted, criminal liability shall be investigated according to law. Article 73 Any building design unit that fails to design in accordance with construction project quality and safety standards shall be ordered to make a rectification and imposed a fine; the unit that has caused an accident in project quality shall be ordered to suspend operations for consolidation, lower its human quality grade or its human quality certificate shall be revoked, the illegal gains confiscated and a fine imposed; where losses have been caused, liability for compensation shall be borne; where a crime has been constituted, criminal liability shall be investigated according to law. Article 74 Any building construction enterprise that does shoddy work and uses inferior materials in construction, uses substandard building materials, building structural pieces and parts and equipment, or has any other acts of construction not in accordance with the project design drawings or construction technical standards shall be ordered to make a rectification and imposed a fine; where the circumstances are serious, it shall be ordered to suspend operations for consolidation and lower its human quality grade or its human quality certificate shall be revoked; the unit that has caused non-compliance with the prescribed quality standards of the quality of a construction project shall be responsible for its reconstruction and repair and the compensation of the losses caused therefrom; where a crime has been constituted, criminal liability shall be investigated according to law. Article 75 Any building construction enterprise that fails to fulfil its obligations of warranty or delays to fulfil its obligations of warranty in violation of the provisions of this Law shall be ordered to make a rectification, may be imposed a fine, and shall bear the liability of compensation for the losses caused by such quality flaws as leakage and seepage in roofs and on wall surfaces during the warranty period. Article 76 The administrative penalties of ordering suspension of operations for consolidation, lowering the human quality grade and revoking the human quality certificate prescribed in this Law shall be decided upon by the human quality certificate issuing organ; other administrative penalties shall be decided upon by the competent department of construction administration or the departments concerned in accordance with laws and the terms of reference prescribed by the State Council. For any unit whose human quality certificate is revoked pursuant to the provisions of this Law, its business licence shall be revoked by the department of industry and commerce administration. Article 77 Any organ that issues a human quality certificate of a said grade to a unit which does not have the corresponding human quality qualifications in violation of the provisions of this Law shall be ordered by the organ at its next higher level to withdraw the human quality certificate issued and administrative sanctions shall be imposed on the person-in-charge held directly responsible and other persons directly responsible; where a crime has been constituted, criminal liability shall be investigated according to law. Article 78 Any functionary of the government and its subordinate departments who, in violation of the provisions of this Law, restricts the contract issuing unit in issuing the contract of a project open to invitation to tender for contracting to the designated contracting unit shall be ordered by the organ at the next higher level to make a rectification; where a crime has been constituted, criminal liability shall be investigated according to law. Article 79 Any department and its functionaries responsible for the issuance of construction project building permits which issue a building permit to a construction project that fails to meet the requirements for construction, any department and its functionaries responsible for project quality supervision and inspection or acceptance checks on completion of construction that issue a quality qualification document to or complete the acceptance checks as a qualified project of a substandard construction project shall be ordered by the organ at the next higher level to make a rectification, and administrative sanctions shall be imposed on persons held responsible; where a crime has been constituted, criminal liability shall be investigated according to law; where losses have been caused, the said department shall bear corresponding liability of compensation. Article 80 Any party that suffers from damage due to substandard quality of a construction project within the life expectancy of rational use of the construction project has the right to claim compensation from the person held responsible. Chapter VIII Supplementary Provisions Article 81 The provisions of this Law relating to the building permit, building construction enterprise human quality examination and construction project contract issuance and contracting and prohibition of subcontracting as well as construction project supervision and control and construction project safety and quality control apply to building operations of other specialized construction projects. The specific measures shall be formulated by the State Council. Article 82 The departments of construction administration and other departments concerned shall not collect fees other than those to be collected pursuant to the relevant provisions of the State Council in the exercise of supervision and control over building operations. Article 83 Reference shall be made to this Law in governing building operations of small housing construction projects determined by people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Rehabilitation and restoration of memorial buildings and ancient architecture legally verified as protection sites of cultural relics shall be carried out pursuant to the relevant laws on cultural relics protection. This Law shall not apply to building operations of rescue and disaster relief and other temporary housing construction and peasants' self-constructed low-storey residences. Article 84 Specific control measures for building operations of military housing construction projects shall be formulated by the State Council and the Central Military Commission pursuant to this Law. Article 85 This Law shall enter into force as of March 1, 1998. 5.4 Appendix 4: Environmental Protection 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. 22 of the President of the People's Republic of China on December 26, 1989, and effective on the date of promulgation) Contents Chapter I General Provisions Article 1 This Law is formulated for the purpose of protecting and improving people's environment and the ecological environment, preventing and controlling pollution and other public hazards, safeguarding human health and facilitating the development of socialist modernization. Article 2 "Environment" as used in this Law refers to the total body of all natural elements and artificially transformed natural elements affecting human existence and development, which includes the atmosphere, water, seas, land, minerals, forests, grasslands, wildlife, natural and human remains, nature reserves, historic sites and scenic spots, and urban and rural areas. Article 3 This Law shall apply to the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China. Article 4 The plans for environmental protection formulated by the state must be incorporated into the national economic and social development plans; the state shall adopt economic and technological policies and measures favourable for environmental protection so as to coordinate the work of environmental protection with economic construction and social development. Article 5 The state shall encourage the development of education in the science of environmental protection, strengthen the study and development of the science and technology of environmental protection, raise the scientific and technological level of environmental protection and popularize scientific knowledge of environmental protection. Article 6 All units and individuals shall have the obligation to protect the environment and shall have the right to report on or file charges against units or individuals that cause pollution or damage to the environment. Article 7 The competent department of environmental protection administration under the State Council shall conduct unified supervision and management of the environmental protection work throughout the country. The competent departments of environmental protection administration of the local people's governments at or above the county level shall conduct unified supervision and management of the environmental protection work within areas under their jurisdiction. The state administrative department of marine affairs, the harbour superintendency administration, the fisheries administration and fishing harbour superintendency agencies, the environmental protection department of the armed forces and the administrative departments of public security, transportation, railways and civil aviation at various levels shall, in accordance with the provisions of relevant laws, conduct supervision and management of the prevention and control of environmental pollution. The competent administrative departments of land, minerals, forestry, agriculture and water conservancy of the people's governments at or above the county level shall, in accordance with the provisions of relevant laws, conduct supervision and management of the protection of natural resources. Article 8 The people's government shall give awards to units and individuals that have made outstanding achievements in protecting and improving the environment. Chapter II Supervision and Management of the Environment Article 9 The competent department of environmental protection administration under the State Council shall establish the national standards for environment quality. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their local standards for environment quality for items not specified in the national standards for environment quality and shall report them to the competent department of environmental protection administration under the State Council for the record. Article 10 The competent department of environmental protection administration under the State Council shall, in accordance with the national standards for environment quality and the country's economic and technological conditions, establish the national standards for the discharge of pollutants. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their local standards for the discharge of pollutants for items not specified in the national standards; with regard to items already specified in the national standards, they may set local standards which are more stringent than the national standards and report the same to the competent department of environmental protection administration under the State Council for the record. Units that discharge pollutants in areas where the local standards for the discharge of pollutants have been established shall observe such local standards. Article 11 The competent department of environmental protection administration under the State Council shall establish a monitoring system, formulate the monitoring norm and, in conjunction with relevant departments, organize a monitoring network and strengthen the management of environmental monitoring. The competent departments of environmental protection administration under the State Council and governments of provinces, autonomous regions and municipalities directly under the Central Government shall regularly issue bulletins on environmental situations. Article 12 The competent departments of environmental protection administration of the people's governments at or above the county level shall, in conjunction with relevant departments, make an investigation and an assessment of the environmental situation within areas under their jurisdiction, draw up plans for environmental protection which shall, subject to overall balancing by the department of planning, be submitted to the people's government at the same level for approval before implementation. Article 13 Units constructing projects that cause pollution to the environment must observe the state provisions concerning environmental protection for such construction projects. The environmental impact statement on a construction project must assess the pollution the projects is likely to produce and its impact on the environment and stipulate the preventive and curative measures; the statement shall, after initial examination by the authorities in charge of the construction project, be submitted by specified procedure to the competent department of environmental protection administration for approval. The department of planning shall not ratify the design plan descriptions of the construction project until after the environmental impact statement on the construction project is approved. Article 14 The competent departments of environmental protection administration of the people's governments at or above the county level or other departments invested by law with power to conduct environmental supervision and management shall be empowered to make on-site inspections of units under their jurisdiction that discharge pollutants. The units being inspected shall truthfully report the situation to them and provide them with the necessary information. The inspecting authorities shall keep confidential the technological know-how and business secrets of the units inspected. Article 15 Work for the prevention and control of the environmental pollution and damage that involve various administrative areas shall be conducted by the relevant local people's governments through negotiation, or by decision of the people's government at a higher level through mediation. Chapter III Protection and Improvement of the Environment Article 16 The local people's governments at various levels shall be responsible for the environment quality of areas under their jurisdiction and take measures to improve the environment quality. Article 17 The people's governments at various levels shall take measures to protect regions representing various types of natural ecological systems, regions with a natural distribution of rare and endangered wild animals and plants, regions where major sources of water are conserved, geological structures of major scientific and cultural value, famous regions where karst caves and fossil deposits are distributed, traces of glaciers, volcanos and hot springs, traces of human history, and ancient and precious trees. Damage to the above shall be strictly forbidden. Article 18 Within the scenic spots or historic sites, nature reserves and other zones that need special protection, as designated by the State Council, the relevant competent department under the State Council, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, no industrial production installations that cause environmental pollution shall be built; other installations to be built in these areas must not exceed the prescribed standards for the discharge of pollutants. If the installations that have been built discharge more pollutants than are specified by the prescribed discharge standards, such pollution shall be eliminated or controlled within a prescribed period of time. Article 19 Measures must be taken to protect the ecological environment while natural resources are being developed or utilized. Article 20 The people's governments at various levels shall provide better protection for the agricultural environment by preventing and controlling soil pollution, the desertification and alkalization of land, the impoverishment of soil, the deterioration of land into marshes, earth subsidence, the damage of vegetation, soil erosion, the drying up of sources of water, the extinction of species and the occurrence and development of other ecological imbalances, by extending the scale of a comprehensive prevention and control of plant diseases and insect pests, and by promoting a rational application of chemical fertilizers, pesticides and plant growth hormone. Article 21 The State Council and the people's governments at various levels in coastal areas shall provide better protection for the marine environment. The discharge of pollutants and the dumping of wastes into the seas, the construction of coastal projects, and the exploration and exploitation of offshore oil must be conducted in compliance with legal provisions so as to guard against the pollution and damage of the marine environment. Article 22 The targets and tasks for protecting and improving the environment shall be defined in urban planning. Article 23 In urban and rural construction, vegetation, waters and the natural landscape shall be protected and attention paid to the construction of gardens, green land and historic sites and scenic spots in the cities in the light of the special features of the local natural environment. Chapter IV Prevention and Control of Environmental Pollution and Other Public Hazards Article 24 Units that cause environmental pollution and other public hazards shall incorporate the work of environmental protection into their plans and establish a responsibility system for environmental protection, and must adopt effective measures to prevent and control the pollution and harms caused to the environment by waste gas, waste water, waste residues, dust, malodorous gases, radioactive substances, noise, vibration and electromagnetic radiation generated in the course of production, construction or other activities. Article 25 For the technological transformation of newly-built industrial enterprises and existing industrial enterprises, facilities and processes that effect a high rate of the utilization of resources and a low rate of the discharge of pollutants shall be used, along with economical and rational technology for the comprehensive utilization of waste materials and the treatment of pollutants. Article 26 Installations for the prevention and control of pollution at a construction project must be designed, built and commissioned together with the principal part of the project. No permission shall be given for a construction project to be commissioned or used, until its installations for the prevention and control of pollution are examined and considered up to the standard by the competent department of environmental protection administration that examined and approved the environmental impact statement. Installations for the prevention and control of pollution shall not be dismantled or left idle without authorization. If it is really necessary to dismantle such installations or leave them idle, prior approval shall be obtained from the competent department of environmental protection administration in the locality. Article 27 Enterprises and institutions discharging pollutants must report to and register with the relevant authorities in accordance with the provisions of the competent department of environmental protection administration under the State Council. Article 28 Enterprises and institutions discharging pollutants in excess of the prescribed national or local discharge standards shall pay a fee for excessive discharge according to state provisions and shall assume responsibility for eliminating and controlling the pollution. The provisions of the Law on Prevention and Control of Water Pollution shall be complied with where they are applicable. The income derived from the fee levied for the excessive discharge of pollutants must be used for the prevention and control of pollution and shall not be appropriated for other purposes. The specific measures thereof shall be prescribed by the State Council. Article 29 If an enterprise or institution has caused severe environmental pollution, it shall be required to eliminate and control the pollution within a certain period of time. For enterprises and institutions directly under the jurisdiction of the Central Government or the people's government of a province, an autonomous region, or a municipality directly under the Central Government, the decision on a deadline for the elimination or control of pollution shall be made by the people's government of the province, autonomous region and the municipality directly under the Central Government. For enterprises and institutions under the jurisdiction of a people's government at or below the city or county level, such decision shall be made by the people's government of the city or county. Such enterprises and institutions shall accomplish the elimination or control of pollution within the specified period of time. Article 30 A ban shall be imposed on the importation of any technology or facility that fails to meet the requirements specified in the regulations of our country concerning environmental protection. Article 31 Any unit that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of pollution, must promptly take measures to prevent and control the pollution hazards, make the situation known to such units and inhabitants as are likely to be endangered by such hazards, report the case to the competent department of environmental protection administration of the locality and the departments concerned and accept their investigation and decision. Enterprises and institutions that are likely to cause severe pollution accidents shall adopt measures for effective prevention. Article 32 If the safety of the lives and property of inhabitants is endangered by severe environmental pollution, the competent department of environmental protection administration of the local people's government at or above the county level must promptly report to the local people's government. The people's government concerned shall take effective measures to remove or alleviate the hazard. Article 33 The production, storage, transportation, sale and use of toxic chemicals and materials containing radioactive substances must comply with the relevant state provisions so as to prevent environmental pollution. Article 34 No unit shall be permitted to transfer a production facility that causes severe pollution for use by a unit that is unable to prevent and control pollution. Chapter V Legal Liability Article 35 Any violator of this Law shall, according to the circumstances of the case, be warned or fined by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management for any of the following acts:
Article 36 When a construction project is commissioned or put to use in circumstances where facilities for the prevention and control of pollution either have not been completed or fail to meet the requirements specified in state provisions, the competent department of environmental protection administration responsible for the approval of the environmental impact statement on the construction project shall order the suspension of its operations or use and may concurrently impose a fine. Article 37 A unit which dismantles or leaves idle the installations for the prevention and control of pollution without prior approval by the competent department of environmental protection administration, thereby discharging pollutants in excess of the prescribed discharge standards, shall be ordered by the competent department of environmental protection administration to set up the installations or put them to use again, and shall concurrently be fined. Article 38 An enterprise or institution which violates this Law, thereby causing an environmental pollution accident, shall be fined by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management in accordance with the consequent damage; in a serious case, the persons responsible shall be subject to administrative sanction by the unit to which they belong or by the competent department of the government. Article 39 An enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall, as provided for by the state, pay a fee for excessive discharge; in addition, a fine may be imposed on it on the basis of the damage incurred, or the enterprise or institution may be ordered to suspend its operations or close down. The fine as specified in the preceding paragraph shall be decided by the competent department of environmental protection administration. An order for the suspension of operations or shut-down of an enterprise or institution shall be issued by the people's government that set the deadline for the elimination or control of pollution. An order for the suspension of operations or shut-down of an enterprise or institution directly under the jurisdiction of the Central Government shall be submitted to and approved by the State Council. Article 40 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 imposed 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 imposed the sanction may apply to the people's court for compulsory enforcement. Article 41 A unit that has caused an environmental pollution hazard shall have the obligation to eliminate it and make compensation to the unit or individual that suffered direct losses. A dispute over the liability to make compensation or the amount of compensation may, at the request of the parties, be settled by the competent department of environmental protection administration or another department invested by law with power to conduct environmental supervision and management. If a party refuses to accept the decision on the settlement, it may bring a suit before a people's court. The party may also directly bring a suit before the people's court. If environmental pollution losses result solely from irresistible natural disasters which cannot be averted even after the prompt adoption of reasonable measures, the party concerned shall be exempted from liability. Article 42 The limitation period for prosecution with respect to compensation for environmental pollution losses shall be three years, counted from the time when the party becomes aware of or should become aware of the pollution losses. Article 43 If a violation of this Law causes a serious environmental pollution accident, leading to the grave consequences of heavy losses of public or private property or human injuries or deaths of persons, the persons directly responsible for such an accident shall be investigated for criminal responsibility according to law. Article 44 Whoever, in violation of this Law, causes damage to natural resources like land, forests, grasslands, water, minerals, fish, wild animals and wild plants shall bear legal liability in accordance with the provisions of relevant laws. Article 45 Any person conducting supervision and management of environmental protection who abuses his power, neglects his duty or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or 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 46 If an international treaty regarding environmental protection concluded or acceded to by the People's Republic of China contains provisions differing from those contained in the laws of the People's Republic of China, the provisions of the international treaty shall apply, unless the provisions are ones on which the People's Republic of China has announced reservations. Article 47 This Law shall enter into force on the date of promulgation. The Environmental Protection Law of the People's Republic of China (for Trial Implementation) shall be abrogated there from. 5.5 Appendix 5: Land Administration Law of the People‘s Republic of ChinaOrder [1998]No.8 of the President of the People's Republic of China Article 1 This Law is enacted in accordance with the Constitution with a view to strengthening land administration, safeguarding the socialist public ownership of land, protecting and developing land resources, rationally utilizing the land, earnestly protecting the cultivated land and promoting sustainable socio-economic development. Article 2 The People's Republic of China practises the socialist public ownership of land, namely ownership by the whole people and collective ownership by the laboring masses. Article 3 Most sparing and rational land utilization and earnest protection of cultivated land constitute China's basic state policy. People's governments at all levels should take measures in overall planning, strict administration, protection and development of land resources and curbing illegal acts of occupation of land. Article 4 The state practises the system of land use control. Article 5 The competent department of land administration under the State Council shall be uniformly responsible for the work of land administration and supervision nationwide. Article 6 Any unit or individual has the obligation to abide by the laws and regulations on land administration and has the right to report on or file a charge against any act violating the laws and regulations on land administration. Article 7 Units and individuals that have made remarkable achievements in the protection and development of land resources, rational utilization of land and conduct of related scientific research shall be rewarded by the people's government. Chapter II Land Ownership and Use Right Article 8 Land in urban areas of cities belongs to the state. Article 9 State-owned land and land collectively owned by peasants may be determined in accordance with law to be used by units or individuals. Units and individuals using the land have the obligation to protect, manage and rationally utilize the land. Article 10 Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to village(township) peasants' collective ownership shall be managed and administered by the village(township) rural collective economic organization. Article 11 People's governments at the county level shall enter into registration in a register, issue certificates in confirmation of the ownership for the land collectively owned by peasants. Article 12 Whoever changes land ownership and use in accordance with law should go through formalities of change in registration of land. Article 13 The land the ownership and the right to use of which have been registered in accordance with law is protected by law, upon which no unit and individual shall infringe. Article 14 Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law. Article 15 State-owned land may be contracted for management by units or individuals for cultivation, forestry, animal husbandry and fishery production. Land collectively owned by peasants may be contracted and managed by units or individuals other than those in the collective economic organization for cultivation, forestry, animal husbandry and fishery production. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. The duration of land contracting and management shall be agreed on in the contract. The units and individuals that contract the land for management have the obligation to protect and rationally utilize the land pursuant to the use agreed on in the contract. Article 16 Disputes over land ownership and the right to use shall be resolved by the parties interested through consultation; it shall be handled by the people's government in the event of failure of consultation. Article 17 People's governments at all levels should, pursuant to the planning for national socio-economic development, requirements of territorial treatment and resources and environment protection, land supply ability as well as the demand for land for various construction, organize the compilation of overall planning for land utilization. Article 18 The overall planning for land utilization at the lower level shall be compiled pursuant to the overall planning for land utilization at the next higher level. Article 19 The overall planning for land utilization shall be compiled in accordance with the following principles:
Article 20 The overall planning for land utilization at the county level should delimit land use zones and define land uses. Article 21 Overall planning for land utilization shall be examined and approved by different levels. Article 22 The scale of land used for urban construction should meet the standards set by the state, full use of the existing land for construction should be made, and no farmland or as less as possible farmland should be occupied. Article 23 Planning for integrated harnessing, development and exploitation of rivers and lakes should be coupled with overall planning for land utilization. Within the range of administration and protection of rivers, lakes and reservoirs as well as within flood storage areas and flood detention areas, land utilization should accord with the planning for integrated harnessing, development and exploitation of rivers and lakes, accord with the requirements for flood passage, flood storage and discharge of water in river courses and lakes. Article 24 People's governments at all levels should strengthen administration of land utilization plan and practise quantum control of land used for construction. Article 25 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should list the state of implementation of the annual land use plan as content of the state of implementation of the national socio-economic development plan and report to the people's congresses at the corresponding level. Article 26 Revision of the approved overall planning for land utilization must be submitted to the original approval organ for approval; no alteration shall be made in land uses determined in the overall planning for land utilization without approval. Article 27 The state establishes the land survey system. Article 28 The competent departments of land administration of people's governments at and above the county level shall, in conjunction with the departments concerned at the corresponding level and in pursuance of land survey results, planned land uses and uniform standards set by the state, evaluate the grades of land. Article 29 The state establishes land statistics system. Article 30 The state establishes the national land administration information system for dynamic monitoring of the state of land utilization. Article 31 The state protects cultivated land and strictly controls turning cultivated land into non-cultivated land. Article 32 Local people's governments at and above the county level may demand the units that occupy and use cultivated land to use the soil of the cultivated layer of cultivated land for soil improvement of newly reclaimed cultivated land, inferior quality land or other cultivated land. Article 33 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should strictly implement the overall planning for land utilization and annual land use plan and take measures to ensure that there is no decrease in the quantum of cultivated land within their respective administrative areas; where there is decrease in the quantum of cultivated land, the locality shall be ordered by the State Council to organize reclamation of cultivated land the quantity and quality of which is equivalent to those reduced within the specified time period, and the competent department of land administration under the State Council shall in conjunction with the competent department of agriculture administration conduct acceptance checks. Individual province or municipality directly under the Central Government whose quantum of newly reclaimed cultivated land is not adequate to compensate the quantum of cultivated land occupied and used after land used for newly added construction for paucity of reserve land resources, a report must be submitted to the State Council for approval for the reduction and exemption of the quantity of reclamation of cultivated land within the respective administrative area and reclamation be carried out in another place. Article 34 The state practises the system of protection for basic farmland. The following cultivated land shall be included in the basic farmland protection zones in accordance with the overall planning for land utilization and strict administration exercised:
The basic farmland delimited by the provinces, autonomous regions and municipalities directly under the Central Government should account for over eighty percent of the cultivated land within the respective administrative areas. Article 35 People's governments at all levels should take measures to maintain irrigation and drainage works, improve soil and soil fertility, prevent land desertification, salinization, water and soil erosion and land pollution. Article 36 Economy in land use must be practised for non-agricultural construction, no cultivated land shall be occupied and used where barren land can be used; no good land shall be occupied and used where inferior land can be used. Article 37 All units and individuals shall be prohibited to let cultivated land lie idle or make it barren. The cultivated land occupied and used for non-agricultural construction the formalities of examination and approval of which have been completed which has been left unused within a year but may be cultivated and harvested should be recultivated by the collective or individuals that previously cultivated the said plot of cultivated land, and cultivation may be organized by the land use unit; where construction has not been started for over a year, idle fee should be paid in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the Central Government; where the land has not been used for two consecutive years, the people's government at the county level shall, subject to the approval of the original approval organ, withdraws the land use right of the land use unit without compensation; the said plot of land previously collectively owned by peasants should be handed back to the original rural collective economic organization for resumption of cultivation. Article 38 The state encourages units and individuals in the development of unexploited land in accordance with the overall planning for land utilization and under the prerequisite of protection and improvement of the ecological environment, prevention of water and soil erosion and land desertification; the land suitable to be developed into agricultural land should be developed into agricultural land on a priority basis. Article 39 Reclamation of unexploited land must undergo scientific authentication and evaluation and it must be carried out within the reclaimable areas delimited in the overall planning for land utilization upon approval in accordance with law. Reclamation of cultivated land through destruction of forests and prairie shall be prohibited, reclaiming farmland from lakes and infringement on shoals of rivers shall be prohibited. Article 40 Development of state-owned barren hills, barren land and barren shoals the right to use of which is undetermined for cultivation, forestry, animal husbandry and fishery production may, subject to approval by people's government at or above the county level, be determined and given to development units or individuals for long-term use. Article 41 The state encourages land arrangement. County, village(township) people's governments should organize rural collective economic organizations in integrated treatment of farmland, water, roads, woods and villages in accordance with the overall planning for land utilization to improve the quality of cultivated land, increase the area of effective cultivated land and improve conditions for agricultural production and the ecological environment. Article 42 For destruction of land caused by damage due to digging, caving in and pressurized occupation, the land use unit and individual should, in accordance with relevant state provisions, be responsible for the reclamation; where there are no conditions for reclamation or reclamation does not conform to requirements, land reclamation fee should be paid to be used specifically for land reclamation. The reclaimed land should be used for agriculture on a priority basis. Article 43 Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law; however, use of land collectively owned by peasants by the respective collective economic organization approved in accordance with law for the establishment of rural and township enterprises and construction of residences by villagers, or use of land collectively owned by peasants approved in accordance with law for the construction of village(township)public facilities and non-profit undertakings is excluded. Article 44 For occupation and use of land for construction involving turning agricultural land into land for construction, formalities of examination and approval for turning agricultural land into other uses should be completed. Article 45 Requisition of the following land shall be subject to the approval of the State Council:
Requisition of land other than those prescribed in the preceding paragraph shall be subject to the approval of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council for the record. Article 46 For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local people's governments to enter into registration for compensation for land requisition. Article 47 For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Article 48 Upon determination of the scheme for compensation and resettlement for land requisition, the local people's government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land. Article 49 The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision. Article 50 Local people's governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development and management and establishment of enterprises. Article 51 Rate of compensation for land requisitioned for construction of big- and medium-size water conservancy works and hydropower projects shall be fixed and measures for emigrant resettlement formulated separately by the State Council. Article 52 The competent department of land administration may, during the feasibility study and authentication of a construction project, examine the matters related to the land for construction and put forth suggestions in accordance with the overall planning for land utilization, the annual land use plan and standards for land for construction. Article 53 For an approved construction project that needs to use state-owned land for construction, the construction unit should bring the relevant documents prescribed by laws and regulations and file an application at the competent department of land administration of the people's government at or above the county level that has the authority of approval which shall be submitted to the people's government at the corresponding level for approval upon examination by the competent department of land administration. Article 54 Use of state-owned land for a construction project should be obtained in the form of paid-for use such as transfer; however, the following use of land for construction may be obtained in the form of appropriation subject to the approval of the people's government at or above the county level in accordance with law:
Article 55 A construction unit with the obtainment of land use right of state-owned land in the form of paid-for use such as transfer may use the land only upon the payment of fee for paid-for land use and other fees such as land use right transfer fund in accordance with the standards and measures prescribed by the State Council. Article 56 A construction unit that uses state-owned land should use the land in accordance with the agreement in the contract for paid-for use for the transfer of land use right or the provisions of the approval document on the appropriation of land use right; where change in the use for construction of the said plot of land is necessitated, it should be subjected to the consent of the competent department of the people's government concerned and submitted to the people's government that originally approved the land use for approval. Among them, for change in the use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. Article 57 Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it shall be subject to the approval of the competent department of land administration of the people's government at or above the county level. Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land. Article 58 The right to use of state-owned land may, subject to the approval of the people's government that originally approved the use of land or the people's government with authority of approval upon submission by the competent department of land administration of the people's government concerned, be withdrawn for any of the following circumstances:
For withdrawal of the right to use of state-owned land pursuant to the First Section and Second Section of the preceding paragraph, appropriate compensation should be given to the land use right holder. Article 59 Rural(township) construction such as rural and township enterprises, rural(township) public facilities, non-profit undertakings, and villagers' residences should, in accordance with village and township planning, have a rational layout, integrated development and matching construction; land for construction should conform to the rural(township)overall planning for land utilization and annual land use plan and formalities of examination and approval should be completed pursuant to the provisions of Articles 44, 60, 61, and 62 of this Law. Article 60 For the establishment of an enterprise using the land for construction determined by the overall planning for rural(township) land utilization by a rural collective economic organization or joint establishment of an enterprise with other units and individuals in the form of equity participation of land use right and joint operations, an application should be filed at the competent department of land administration of the local people's government at or above the county level with the approval document which shall be subject to the approval of local people's government at or above the county level pursuant to the limits of authority of approval prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; among them, for cases involving occupation and use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law. Article 61 For land use required for the construction of rural(township)public facilities and non-profit undertakings, an application shall be filed at the competent department of land administration of the people's government at or above the county level upon examination and verification by the village(township) people's government and subject to the approval of the local people's government at or above the county level pursuant to the limits of authority of approval prescribed by the provinces, autonomous regions and municipalities directly under the Central Government; among them, for cases involving use of agricultural land, formalities of examination and approval shall be completed pursuant to the provisions of Article 44 of this Law. Article 62 One household of villagers in a rural area can only possess one house site the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Article 63 The right to use of land collectively owned by peasants shall not be transferred, retransferred or rented out for non-agricultural construction; however, enterprises that obtained land for construction in accordance with law and conforming to the overall planning for land utilization where occurrences of transfer of land use right have been brought about by such circumstances as bankruptcy and merger are excluded. Article 64 Constructions and structures completed prior to the formulation of the overall planning for land utilization that fail to conform to the uses determined by the overall planning for land utilization shall not be reconstructed and expanded. Article 65 A rural collective economic organization may, subject to the approval of the people's government that previously approved the land use, withdraw the land use right for any of the following circumstances:
For withdrawal of land collectively owned by peasants pursuant to the provisions of the First Section of the preceding paragraph, appropriate compensation shall be given to the land use right holder. Article 66 Competent departments of land administration of people's governments at and above the county level shall conduct supervision and inspection over acts in violation of the laws and regulations on land administration. Article 67 Competent departments of land administration of people's governments at and above the county level have, in fulfilling their duties and responsibilities of supervision and inspection, the power to take the following measures:
Article 68 Functionaries of land administration supervision and inspection should, in fulfilling duties and responsibilities, deem it necessary to enter a site for survey, demand the unit or individual concerned to provide documents and materials and make explanations, produce identification papers for land administration supervision and inspection. Article 69 Units and individuals concerned should support, cooperate with and facilitate the supervision and inspection conducted by competent departments of land administration of the people's governments at or above the county level on illegal acts related to land and must not refuse and obstruct functionaries of land administration supervision and inspection in the discharge of duties according to law. Article 70 Competent departments of land administration of the people's governments at and above the county level should, upon uncovering of illegal acts by state functionaries in the work of supervision and inspection who should be imposed administrative sanctions, handle the case(s) according to law; when the department has no power to handle the case(s), a proposal for administrative sanctions shall be submitted to the administrative supervisory organ of the people's government at the corresponding level or at the next higher level, and the administrative supervisory organ concerned should handle the case(s) according to law. Article 71 Competent departments of land administration of people's governments at and above the county level should, on uncovering of illegal acts related to land that constitute a crime in the work of supervision and inspection, transfer the case(s) to the organ concerned for investigation of criminal liability according to law; where a crime has not been constituted, administrative penalty should be imposed according to law. Article 72 Where an administrative penalty should be imposed pursuant to the provisions of this Law and the competent department of land administration has failed to impose the administrative penalty, the competent department of land administration of the people's government at the next higher level has the power to order the competent department of land administration to take a decision on the administrative penalty or directly impose the administrative penalty, and impose administrative sanctions on the person in charge of the competent department of land administration concerned. Article 73 Whoever illegally transfers land by buying and selling or in other forms shall be confiscated of the illegal gains by the competent department of land administration of the people's government at or above the county level; whoever turns agricultural land into land for construction without authorization in violation of the overall planning for land utilization shall be given a specified time period to dismantle the newly-built constructions and other facilities on the illegally transferred land and restore the original state of the land, where it conforms to the overall planning for land utilization, the newly-built constructions and other facilities on the illegally transferred land shall be confiscated; and may concurrently be imposed a fine; the person-in-charge directly responsible and other personnel directly responsible shall be imposed administrative sanctions according to law; where a crime has been constituted, criminal liability shall be investigated according to law. Article 74 Whoever occupies and uses cultivated land for building kiln(s) and tomb(s) or building house(s), digging sand, quarrying, mining and gathering earth on cultivated land without authorization, destroying conditions for cultivation or resulting in desertification and salinization of the land due to land development in violation of the provisions of this Law, shall be ordered by the competent department of the people's government at or above the county level to make a rectification or effect treatment within the specified time period, and may concurrently be imposed a fine; where a crime has been constituted, criminal liability shall be investigated according to law. Article 75 Whoever refuses to fulfil the obligation of land reclamation in violation of the provisions of this Law shall be ordered by the competent department of land administration of the people's government at or above the county level to make a rectification within the specified time period; whoever fails to make a rectification on expiry of the specified time period shall be ordered to pay the reclamation fee to be used specifically for land reclamation, and may be imposed a fine. Article 76 Whoever illegally occupies and uses land without approval or obtains approval by deceitful means shall be ordered by the competent department of land administration of the people's government at or above the county level to return the illegally occupied and used land, whoever turns agricultural land into land for construction without authorization in violation of the overall planning for land utilization shall be given a specified time period to dismantle the newly-built constructions and other facilities on the illegally occupied and used land and restore the original state of the land, where it conforms to the overall planning for land utilization, the newly-built constructions and other facilities on the illegally occupied and used land shall be confiscated and may concurrently be imposed a fine; administrative sanctions shall be imposed according to law on the person-in-charge directly responsible and other personnel directly responsible of the unit that illegally occupies and uses the land; where a crime has been constituted, criminal liability shall be investigated according to law. Article 77 Villagers in rural areas who illegally occupy and use land for building residences without approval or obtain approval by deceitful means shall be ordered by the competent departments of people's governments at or above the county level to return the illegally occupied and used land, and dismantle the newly-built houses on the illegally occupied and used land within the specified time period. Article 78 Units or individuals without power to approve requisition and use of land that illegally approve occupation and use of land, those that illegally approve occupation and use of land exceeding the limits of authority of approval, those that approve land use not in conformity with the uses determined by the overall planning for land utilization, or those that approve occupation and requisition of land in contravention of the legal procedures, their approval documents shall be null and void, the persons-in-charge directly responsible and other personnel directly responsible who illegally approve requisition and use of land shall be imposed administrative sanctions according to law; where a crime has been constituted, criminal liability shall be investigated according to law. The illegally approved and used land should be taken back, the party interested that refuses to return the land shall be construed and handled as illegal occupation and use of land. Article 79 Whoever infringes on and uses the compensation fee and other related fees for land requisition of the requisitioned unit for other purposes constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law. Article 80 The party interested that refuses to hand over the land for withdrawal of the right to use of state-owned land according to law, the party interested that refuses to return the land on expiry of temporary use of land, or the party interested that uses state-owned land not in accordance with the approved use shall be ordered by the competent departments of land administration of people's governments at or above the county level to return the land and a fine imposed. Article 81 Whoever transfers, retransfers or rents out the right to use of the land collectively owned by peasants for non-agricultural construction without authorization shall be ordered by the competent department of land administration of the people's government at or above the county level to make a rectification within the specified time period, confiscated of the illegal gains and concurrently imposed a fine. Article 82 Whoever fails to go through change in registration of land pursuant to the provisions of this Law shall be ordered by the competent department of land administration of the people's government at or above the county level to complete the formalities within the specified time period. Article 83 Construction units or individuals that have been ordered to dismantle the newly-built constructions and other facilities on the illegally occupied and used land within the specified time period pursuant to the provisions of this Law must stop construction forthwith and dismantle them themselves; organs that make the penalty decision's have the power to stop those that continue construction. Construction units or individuals that refuse to obey the decisions of administrative penalty on dismantling within the specified time period may, within 15 days starting from the date of receipt of the decision of ordering the dismantling within the specified time period, file a suit at a people's court; the unit or individual that neither takes legal action nor dismantles itself/himself/herself on expiry, the organ that has taken the decision on penalty shall apply to a people's court for compulsory enforcement, and the expenses shall be borne by the violator of law. Article 84 Functionaries of competent departments of land administration that neglect their duties, abuse their power and indulge in malpractices for selfish gains constituting a crime shall be investigated of criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law. Article 85 This Law shall be applicable to the use of land by Sino-foreign joint ventures, Sino-foreign cooperative ventures and enterprises owned by foreign capital; where laws have separate provisions, those provisions shall prevail. Article 228 Whoever illegally transfers and sells land use right with profit-making as the purpose in violation of land administration regulations when the circumstances are serious shall be sentenced to imprisonment under three years or hard labor in detention, and concurrently imposed a fine of more than 5% less than 20% of the amount of the illegally transferred and sold land use right price; where the circumstances are extremely serious, a sentence of more than three years less than seven years shall be passed, and a fine of more than5% less than e amount of the illegally transferred and sold land useright price concurrently imposed. Article 342 Whoever illegally occupies and uses cultivated land and turns it into other uses in a big amount resulting in great destruction of cultivated land in violation of land administration regulations shall be sentenced to imprisonment under five years or hard labor in detention, and concurrently or separately imposed a fine. Article 410 Functionaries of state organs who indulge in malpracticesfor selfish gains, abuse power in illegally approving requisition and occupation of land or illegally transfer the right to use of state-owned land at a low price in violation of land administration regulations where the circumstances are serious, shall be sentenced to imprisonment under three years or hard labor in detention; whoever causes extremely great losses to state or collective interests shall be sentenced to more than three years less than seven years of imprisonment. APPENDIX 6: CITIES DIRECTLY GOVERNED BY THE STATE COUNCIL FOR MASTER PLAN
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