Chapter IV

Modification of an Urban and Rural Plan

Article 46 The authority in charge of the formulation of a provincial urban hierarchical plan or the overall plan of a city or town shall organize the relevant departments and experts to regularly assess the implementation of the plan, and solicit opinions from the public by holding appraisal conferences or hearings or by other means. The said authority shall submit the assessment report, attached with the opinions solicited, to the standing committee of the people’s congress at the same level or the people’s congress of the town and the original examination and approval authority.

Article 47 Authority in charge of the formulation of the provincial urban hierarchical plan or the overall plan of a city or town may only modify such plans within the prescribed limits of power and according to the prescribed procedure under one of the following circumstances:

(1) Where changes are made in the urban and rural plan formulated by the people’s government at a higher level, therefore modification of the plan is requested;

(2) Where readjustment of the division of administrative regions necessitates modification of the plan;

(3) Where approval granted by the State Council to the construction of a major project necessitates modification of the plan;

(4) Where the result of assessment proves the need to modify the plan; and

(5) Other circumstances under which the examination and approval authority of urban and rural plan deems it necessary to modify the plan.

Before modifying the provincial urban hierarchical plan or the overall plan of a city or town, the authority in charge of its formulation shall analyze the implementation of the original plan and make a report to the original examination and approval authority; if the modification involves the compulsory items in the overall plan of a city or town, a special report shall be submitted to the original examination and approval authority before making plans for modification upon its consent.

The modified provincial urban hierarchical plan or the overall plan of a city or town shall be submitted for examination and approval in compliance with the procedures specified by the provisions of Articles 13 through 16 of this Law.

Article 48 Where a detailed control plan needs to be modified, the authority in charge of its formulation shall expound and prove the necessity for modification, solicit the opinions of the interested parties within the tract of land covered by the plan and make a special report to the original examination and approval authority, and may only formulate the plan for modification upon the latter’s consent. The modified detailed control plan shall be submitted for examination and approval in compliance with the procedures specified by the provisions of Articles 19 and 20 of this Law. Where the modification of a detailed control plan involves the compulsory items in the overall plan of a city or town, the overall plan concerned shall be modified first.

Where a township or village plan needs to be modified, the matter shall be submitted for examination and approval in compliance with the procedure specified by the provisions of Article 22 of this Law.

Article 49 Where the people’s government of a city, county or town modifies its short-term construction plan, it shall submit the modified plan to the authority for examination and approval of overall plans for the record.

Article 50 Where, after the issue of a written proposal on the choice of location, the permit for planned use of land for construction, the permit for a planned construction project or the permit for planned rural construction, losses are caused to the lawful rights and interests of the person granted the permit due to modification of an urban and rural plan according to law, compensation shall be made according to law.

The detailed construction plan and the general plane figure of the designed scheme of a construction project, which are examined and approved according to law, shall not be modified at will; where it is necessary to make modification, the department in charge of urban and rural planning shall, by holding hearings or by other means, listen to the opinions of the interested parties; if losses are caused to the lawful rights and interests of the latter, compensation 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 departments in charge of urban and rural planning under them shall improve supervision over and inspection of the formulation, examination and approval, implementation and modification of urban and rural plans.

Article 52 The local people’s governments at various levels shall respectively report on the implementation of the urban and rural plans to the standing committees of the people’s congresses at the same level or to the people’s congresses of townships or towns, and shall subject themselves to supervision by the latter.

Article 53 The departments in charge of urban and rural planning under the people’s governments at or above the county level shall have the power to adopt the following measures in supervision over and inspection of the implementation of the urban and rural plans:

(1) requiring the relevant units or persons to provide the documents and materials relating to the matters under supervision and making duplicates thereof;

(2) requiring the relevant units and persons to explain the issues related to the matters under supervision and, where necessary, entering the site to make a survey; and

(3) ordering the relevant units and personS to discontinue the violation of the laws or regulations governing urban and rural planning.

When performing the duty of supervision and inspection as provided for in the preceding paragraph, staff members of the department in charge of urban and rural planning shall produce their papers for law enforcement. The units and individuals subjected to supervision and inspection shall cooperate with them and shall not impede or obstruct their supervision and inspection conducted according to law.

Article 54 The results of supervision and inspection and of the resolution of problems shall be published for public consultation and supervision.

Article 55 Where, in the course of investigation and handling of violations of the provisions of this Law, the department in charge of urban and rural planning finds that a staff member of a government department should be given an administrative sanction according to law, it shall make a proposal to such an effect to the authority responsible for his appointment and removal or to the supervisory authority.

Article 56 Where an administrative sanction should be given according to the provisions of this Law but the department in charge of urban and rural planning concerned fails to do so, the department in charge of urban and rural planning under the people’s government at a higher level shall have the power to order it to do so, or to suggest that the people’s government concerned do so.

Article 57 Where the department in charge of urban and rural planning grants administrative permission in violation of the provisions of this Law, the department in charge of urban and rural planning under the people’s government at a higher level shall have the power to order it to revoke the permission granted, or to directly revoke the permission itself. If revocation of the permission causes losses to the lawful rights and interests of the party involved, compensation shall be made according to law.

Chapter VI

Legal Liability

Article 58 Where an urban and rural plan should be formulate, as is required by law, the authority concerned fails to take charge of such formulation, or fails to formulate, examine and grant approval, or modify an urban and rural plan in compliance with the statutory procedure, the people’s government at a higher level shall order it to rectify and have it criticized in a circular; and it shall give sanctions, according to law, to the leading person of the people’s government concerned and the other persons directly responsible.

Article 59 Where the authority in charge of the formulation of urban and rural plans entrusts a unit which lacks the qualifications commensurate with the task, the people’s government at a higher level shall order it to rectify and have it criticized in a circular; and the leading person of the people’s government concerned and the other persons directly responsible shall be given sanctions according to law.

Article 60 Where the people’s government of a town or the department in charge of urban and rural planning under a people’s government at or above the county level commits one of the following acts, it shall be ordered to rectify by the people’s government at the same level, or by the department in charge of urban and rural planning or the supervisory authority under the people’s government at a higher level within the limits of their power, and shall be criticized in a circular; and the leading person directly in charge and the other persons directly responsible shall be given sanctions according to law:

(1) failing to act in accordance with law and take charge of the formulation of the detailed control plan of a city or of the town where the county people’s government is located;

(2) issuing a written proposal on the choice of location, permit for planned use of land for construction, permit for a planned construction project, or permit for planned rural construction by going beyond its powers, or issuing such proposal or permit to an applicant who does not meet the statutory conditions;

(3) failing to issue, within the statutory time limit, a written proposal on the choice of location, permit for planned use of land for construction, permit for a planned construction project, or permit for planned rural construction to an applicant who meets the statutory conditions;

(4) failing to publish, according to law, the detailed construction plan or the general plane figure of the designed scheme of a construction project already examined and approved according to law;

(5) failing to listen to the opinions of the interested parties by holding hearings or by other means before it gives its consent to the modification of a detailed construction plan and the general plane figure of the designed scheme of a construction project; and

(6) when it discovers the construction conducted in an area covered by a plan, for which no permit for planning is issued according to law or which is conducted in violation of the provisions in the permit for planning, failing to investigate into and handle the matter; or after it receives the report on the matter, failing to handle it according to law.

Article 61 Where the relevant department under a people’s government at or above the county level commits one of the following acts, it shall be ordered to rectify by the people’s government at the same level or by the relevant department under the people’s government at a higher level, and shall be criticized in a circular; and the leading person directly in charge and the other persons directly responsible shall be given sanctions according to law:

(1) issuing the approval document for a construction project for which the written proposal on the choice of location is not obtained according to law;

(2) failing to lay down, according to law, the conditions for planning in the contract on transfer of the right to use of State-owned land, or changing the conditions for planning which are laid down in the said contract according to law; and

(3) allocating the right to use of State-owned land to the developing unit that fails to obtain a permit for planned use of land for construction according to law.

Article 62 Where a unit formulating urban and rural plans commits one of the following acts, it shall be ordered to rectify within a time limit by the department in charge of urban and rural planning under the people’s government of the city or county where it is located, and shall be fined not less than one time but not more than two times the amount of the fees for formulation of the plan which were agreed upon in the contract; if the circumstances are serious, it shall be ordered to suspend business for shakeup, and its grade of qualifications shall be demoted or its qualification certificate revoked by the original issuing authority; if losses are caused, it shall be liable for compensation according to law:

(1) undertaking the formulation of an urban and rural plan by going beyond the scope allowed for its grade of qualifications; or

(2) formulating an urban and rural plan in violation of the relevant State standard.

Where a unit that fails to obtain the qualification certificate according to law undertakes the formulation of an urban and rural plan, it shall be ordered to cease the illegal act by the department in charge of urban and rural planning under the local people’s government at or above the county level, and it shall be fined according to the provisions in the preceding paragraph; if losses are caused, it shall be liable for compensation according to law.

Where a unit that obtains the qualification certificate by fraud undertakes the formulation of an urban and rural plan, its certificate shall be revoked by the original issuing authority, and it shall be fined according to the provisions in the first paragraph of this Article; if losses are caused, it shall be liable for compensation according to law.

Article 63 Where a unit formulating urban and rural plans ceases to meet the necessary requirements for qualifications after obtaining the qualification certificate, it shall be ordered to rectify within a time limit by the original issuing authority; if it fails to rectify on the expiration of the prescribed time limit, its grade of qualifications shall be demoted or its qualification certificate shall be revoked.

Article 64 Where a unit engages in construction without obtaining the permit for a planned construction project or without complying with the provisions in the said permit, it shall be ordered to discontinue construction by the department in charge of urban and rural planning under the local people’s government at or above the county level; if measures for rectification can be adopted to eliminate the impact on the implementation of the plan, it shall be ordered to make rectification within a time limit and be fined not less than five percent but not more than ten percent the cost of the construction project; otherwise, it shall be ordered to demolished the project within a time limit; if the project cannot be demolished, the project itself or the unit’s unlawful income shall be confiscated, and it may, in addition, be fined not more than ten percent the cost of the construction project.

Article 65 Where a unit engages in construction in an area covered by the plan of a town or village without obtaining the permit for planned rural construction or without complying with the provisions in the said permit, it shall be ordered by the people’s government of the township or town concerned to discontinue construction and to make rectification within a time limit; if it fails to rectify on the expiration of the prescribed time limit, the construction project may be demolished.

Article 66 Where a developing unit or an individual commits one of the following acts, it or he shall be ordered to demolish the temporary construction project in question by the department in charge of urban and rural planning under the people’s government of the city or county where it or he is located and may, in addition, be fined not more than one time the cost of the temporary construction project:

(1) engaging in temporary construction without approval;

(2) engaging in temporary construction without complying with what is approved of; and

(3) failing to demolish the temporary building or structure at the expiration of the approved time limit.

Article 67 Where a developing unit fails to submit the materials on acceptance check of a construction project to the department in charge of urban and rural planning within six months after the acceptance check is conducted upon completion of the project, the said unit shall be ordered to make a supplementary report within a time limit by the department in charge of urban and rural planning under the people’s government of the city or county where it is located; if it fails to do so on the expiration of the prescribed time limit, it shall be fined not less than RMB 10,000 yuan but not more than 50,000 yuan.

Article 68 Where, after the department in charge of urban and rural planning makes a decision on ordering the discontinuation of construction, or the demolition of a construction project within a time limit, the party involved refuses to comply, the local people’s government at or above the county level at the place where the construction project is located may order the relevant department to adopt such measures as closing the construction site or demolishing the project by compulsory means.

Article 69 Where anyone violates the provisions of this Law, which constitutes a crime, he shall be investigated for criminal responsibility according to law.

Chapter VII

Supplementary Provisions

Article 70 This Law shall go into effect as of January 1, 2008. The City Planning Law of the People’s Republic of China shall be annulled at the same time.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.