Chapter II

Formulation of an Urban and Rural Plan

Article 12 The department in charge of urban and rural planning under the State Council shall, in conjunction with the relevant departments under the State Council, take charge of the formulation of the national urban hierarchical plan, which shall serve as the guidance for the formulation of provincial urban hierarchical plan and the overall plan of cities.

The national urban hierarchical plan shall be submitted by the department in charge of urban and rural planning under the State Council to the State Council for examination and approval.

Article 13 The people’s government of a province or autonomous region shall take charge of the formulation of the provincial urban hierarchical plan and submit it to the State Council for examination and approval.

A provincial urban hierarchical plan shall include: the spatial layout of cities and towns and scale control, the layout of major infrastructures, and the areas which need strict control for preservation of the ecological environment and resources.

Article 14 The people’s government of a city shall take charge of the formulation of the overall plan of the city.

The overall plan of a municipality directly under the Central Government shall be submitted by the people’s government of the municipality to the State Council for examination and approval. The overall plan of the city which is the seat of the people’s government of the province or autonomous region and the overall plan of the city designated by the State Council shall be submitted to the State Council for examination and approval after it is examined and approved by the people’s government of the province or autonomous region. The overall plan of any other city shall be submitted by the people’s government of the city to the people’s government of province or autonomous region for examination and approval.

Article 15 The county people’s government shall take charge of the formulation of the overall plan of the town which is the seat of the county people’s government and shall submit the plan to the people’s government at the next higher level for examination and approval. The overall plan of any other town shall be formulated under the charge of the people’s government of the town and submitted to the people’s government at the next higher level for examination and approval.

Article 16 The provincial urban hierarchical plan formulated under the charge of the people’s government of a province or autonomous region or the overall plan formulated under the charge of the people’s government of a city or county shall, before it is submitted to the people’s government at the next higher level for examination and approval, be deliberated by the standing committee of the people’s congress at the same level, and the opinions of the component members of the standing committee formed after deliberation shall be submitted to the people’s government at the same level for consideration and handling.

The overall plan of a town formulated under the charge of the people’s government of the town shall, before it is submitted to the people’s government at the next higher level for examination and approval, be deliberated by the people’s congress of the town, and the opinions of the deputies formed after deliberation shall be submitted to the people’s government at the same level for consideration and handling.

When submitting a provincial urban hierarchical plan or the overall plan of a city or town for examination and approval, the authority in charge of the formulation of the such plan shall, at the same time, submit the opinions formed after deliberation among the component members of the standing committee of the people’s congress at the same level or among the deputies of the people’s congress of the town and the modifications made to the plan on the basis of the opinions.

Article 17 The overall plan of a city or town shall include: the arrangement for the development of the city or town, functional zones, land use layout, comprehensive traffic system, the regions where construction is prohibited or restricted or which are appropriate for construction, the various kinds of special items, etc.

The following shall be made mandatory for the overall plan of a city or town to include: the area covered by the plan, the scale of the land used for construction in the area covered by the plan, the land used for infrastructure and public service facilities, the waterhead sites and water system, capital farmland and land used for afforestation, environmental protection, preservation of natural and historical and cultural heritage, disaster prevention and alleviation, etc.

The period covered by the overall plan of a city or town is 20 years in general. In the overall planning of a city, arrangements predicting the development of the city over a longer period of time shall be made.

Article 18 A township or village plan shall be made by proceeding from the actual conditions of the countryside, showing respect to the will of the villagers and embodying the local and rural features.

A township or village plan shall include: the area covered by the plan, the layout of the land used for production, construction of service facilities for people’s daily lives and public welfare undertakings in the rural areas, such as dwelling houses, roads, water supply and drainage, power supply, garbage collection, livestock and poultry farms, and the related development requirements, as well as the specific arrangements for protection of the cultivated land and other natural resources and historical and cultural heritage, for prevention and alleviation of disasters, etc. A township plan shall, in addition, include arrangements for the development of the villages within the administrative area of the town.

Article 19 The department in charge of urban and rural planning of a city people’s government shall, in conformity with the requirements for overall planning of the city, take charge of the formulation of a detailed control plan and, upon approval by the said people’s government, submit the plan to the standing committee of the people’s congress at the same level and the people’s government at the next higher level for the record.

Article 20 A town people’s government shall, in conformity with the requirements for overall planning of the town, take charge of the formulation of a detailed control plan and submit the plan to the people’s government at the next higher level for examination and approval. The detailed control plan of the town which is the seat of the county people’s government shall, in conformity with the requirements for overall planning of the town, be formulated under the charge of the department in charge of urban and rural planning under the county people’s government and, upon approval by the county people’s government, be submitted to the standing committee of the people’s congress at the same level and the people’s government at the next higher level for the record.

Article 21 The competent department in charge of urban and rural planning under the people’s government of a city or county, and the people’s government of a town may take charge of the formulation of a detailed construction plan for important tracts of land. A detailed construction plan shall be in conformity with the detailed control plan.

Article 22 The people’s government of a township or town shall take charge of the formulation of the township or village plan, which shall be submitted to the people’s government at the next higher level for examination and approval. The plan of a village shall, before it is submitted for examination and approval, be presented to the meeting of villagers or of the villagers’ representatives for discussion and consent.

Article 23 In the overall and detailed plan of the capital, all-round consideration shall be given to the need of the layout of the land used by the organs of the Central Government and of the spatial arrangements.

Article 24 The authority responsible for formulation of urban and rural plans shall authorize the units with the appropriate qualifications to do the specific planning.

A unit may do urban and rural planning within the scope allowed by its qualifications only when it meets the following requirements, passes the examination conducted according to law by the department in charge of urban and rural planning under the State Council or under the people’s government of a province, autonomous region or municipality directly under the Central Government and is issued the certificate of qualification at the appropriate grade:

(1) having the status of a legal person;

(2) having the specified number of planners who are registered at the department in charge of urban and rural planning under the State Council;

(3) having the specified number of technicians of the related professions;

(4) having the appropriate technical equipment; and

(5) having a sound management system for technologies, quality and financial affairs.

The administrative measures for the qualifications of licensed planners shall be formulated by the department in charge of urban and rural planning under the State Council in conjunction with the administrative department of personnel under the State Council.

The relevant State standards shall be met when urban and rural plans are being formulated.

Article 25 Formulation of urban and rural plans, necessitates basic information on prospecting, mapping, meteorology, earthquake, hydrology, environment, etc., as is required by the State.

The competent departments under the local people’s governments at or above the county level shall, in light of the need of urban and rural planning, provide the relevant basic information in a timely manner.

Article 26 Before submitting an urban or rural plan for examination and approval, the authority in charge of its formulation shall, in accordance with law, publish the draft of the plan and solicit opinions from experts and the general public by holding appraisal conferences or hearings, or by other means. Publication of the draft shall remain for at least 30 days.

The authority in charge of formulation of the plan shall fully consider the opinions of the experts and the general public and, when submitting the materials for examination and approval, attach an explanation on its adoption of the relevant opinions and the reasons.

Article 27 Before granting approval to a provincial urban hierarchical planning, an overall plan of a city or town, the examining and approval authority shall organize experts and the related departments to conduct examination.