Chapter III

Implementation of an Urban and Rural Plan

Article 28 The local people’s governments at various levels shall, in light of the local economic and social development, act within their capabilities, respect the will of the general public and organize the implementation of the urban and rural plans step by step in a planned way.

Article 29 In the construction and development of a city, priority shall be given to the construction of infrastructure and public service facilities, the relation between the development of new areas and the reconstruction of the old ones shall be properly handled, and overall consideration shall be given to the daily lives of the migrant workers in the city and to the need of the economic and social development and of the villagers’ production and daily lives on the periphery of the city.

In the construction and development of a town, priority shall, in light of the economic and social development as well as industrial restructuring in the rural areas, be given to the construction of the infrastructures such as water supply and drainage, power supply, gas supply, roads, communications, radio and TV broadcasting, as well as the public service facilities such as schools, hospitals, cultural centers, kindergartens and welfare institutions, to serve the surrounding rural areas.

In the construction and development of a township or village, attention shall be paid to economizing on the use of land in light of the local conditions, giving play to the role of the villagers’ self-government organizations and giving guidance to the villagers in rational construction, and improving the production and living conditions in the rural areas.

Article 30 In the development and construction of the new areas in a city, attention shall be paid to rational determination of the scale and schedule of construction, to the full use of the existing urban infrastructures and public service facilities, careful preservation of the natural resources and ecological environment and embodying of the local features.

Beyond the scope of the land used for construction as determined in the overall plan of a city or town, no development zones or new urban zones of any description may be established.

Article 31 In the reconstruction of an old urban area, attention shall be paid to preservation of the historical and cultural heritage and traditional style and features, rational determination of the scale of demolition and construction, and planned reconstruction of the places where clusters of dilapidated houses are located and the infrastructures are outdated.

The famous historical and cultural cities, townships and villages shall be preserved and the buildings under preservation shall be maintained and used in compliance with the provisions of the relevant laws and administrative regulations and of the regulations of the State Council.

Article 32 In urban and rural construction and development, attention shall be paid to the preservation and rational use of the famous scenic spots and other such resources according to law and overall arrangement for the development of the famous scenic sites and the surrounding townships, towns and villages.

In planning, construction and management of the famous scenic sites, attention shall be paid to compliance with the provisions of the relevant laws and administrative regulations and of the regulations of the State Council.

Article 33 In the development and use of the urban underground space, attention shall be paid to their adaptation to the level of economic and technical development, and to adherence to the principles of overall arrangement, comprehensive development and rational use and to giving full consideration to the need of disaster prevention and alleviation, civil air defense and communications, as well as to their conformity with the urban plan, and to completion of the formalities for examination and approval.

Article 34 The people’s government of a city, county or town shall, in accordance with the overall plan of the city or town, the overall plan and annual plan for land use, and the plan for national economic and social development, draw up a short-term construction plan and submit it to the authority for examination and approval of overall plans for the record.

The short-term construction plan shall focus on the construction of important infrastructures, public service facilities and the residential houses for the residents with moderate and low income, and the protection of ecological environment, with specified short-term schedule, orientation of development and spatial layout. The period covered by a short-term construction plan shall be five years.

Article 35 It is prohibited to alter, without authorization, the purpose of use of the land for railways, highways, ports, airports, roads, green fields, power transmission and distribution facilities, power transmission line passages, communications facilities, radio and TV broadcasting facilities, pipelines, water courses, reservoirs, waterhead sites, natural reserves, flood control passages, fire fighting passages, nuclear power stations, garbage landfills and incineration plants, sewage treatment plants, public service facilities¬¬¬¬¬¬¬ -- as specified in an urban and rural plan, and other land the use of which is under the protection of law.

Article 36 For construction projects which are subject to approval or verification by the relevant department, as is required by State regulations, if the right to use of State-owned land is extended through allocation, the developing units shall, before submitting the projects to the relevant department for approval or verification, apply to the department in charge of urban and rural planning for issue of a written proposal on the choice of location.

A written proposal on the choice of location is not needed for construction projects other than the ones provided for in the preceding paragraph.

Article 37 If the right to use of State-owned land is extended through allocation for a construction project located within the area covered by the plan of a city or town, the developing unit shall, after the project is approved or verified and recorded by the relevant department, apply to the department in charge of urban and rural planning under the city or county people’s government for a permit for planned use of land for construction, and the said department shall, according to the detailed control plan, check and verify the location and area of the said land and the scope of area within which construction is permitted, before issuing the said permit.

The developing unit may apply for land use to the department in charge of land under the local people’s government at or above the county level only after obtaining the permit for planned use of land for construction. The said department shall allocate the land to it upon approval by the people’s government at or above the county level.

Article 38 Where the right to use of State-owned land located within the area covered by the plan of a city or town is extended through transfer, before the said right is transferred, the department in charge of urban and rural planning under the people’s government of the city or county shall, according to the detailed control plan, lay down the conditions for planning with respect to the location of the tract of land to be transferred, its nature of use, intensity of development, etc., which shall constitute the component part of the contract on transfer of the right to use of State-owned land. Where no conditions for planning are laid down for a tract of land, the said right shall not be transferred.

For a construction project for which the right to use of State-owned land is extended through transfer, after the contract on transfer of the said right is concluded, the developing unit shall, on the strength of the approval, verification and the recorded documents and the contract on transfer of the right to use of State-owned land, apply to the department in charge of urban and rural planning under the people’s government of the city or county concerned for a permit for planned use of land for construction.

The department in charge of urban and rural planning under the people’s government of the city or county shall not, without authorization, alter the conditions for planning laid down in the permit for planned use of the land for construction, which constitute the component part of the contract on transfer of the right to use of State-owned land.

Article 39 Where the conditions for planning are not included in the contract on transfer of the right to use of State-owned land, the said contract shall be deemed to be invalid; where approval for the use of a tract of land is granted to the developing unit that fails to obtain the permit for planned the use of land for construction, the relevant approval documents shall be revoked by the people’s government at or above the county level; where the land is used, it shall be returned in a timely manner; and where losses are caused to a party, compensation shall be made according to law.

Article 40 For the construction of buildings, structures, roads, pipelines and other projects in an area covered by the plan of a city or town, the developing unit or individual shall apply for a permit for a planned construction project to the department in charge of urban and rural planning under the people’s government of the city or county concerned or to the township people’s government designated by the people’s government of the province, autonomous region, or municipality directly under the Central Government.

To apply for a permit for a planned construction project, the applicant shall submit such materials as the relevant certifications on the land to be used and the designed scheme of the construction project. For a construction project for which the developing unit is required to draw up a detailed construction plan, it shall submit such a plan. If a construction project conforms to both the detailed control plan and the conditions for planning, the permit for a planned construction project shall be issued by the department in charge of urban and rural planning under the people’s government of the city or county concerned or by the township people’s government designated by the people’s government of the province, autonomous region, or municipality directly under the Central Government.

The department in charge of urban and rural planning under the people’s government of the city or county concerned or the township people’s government designated by the people’s government of the province, autonomous region, or municipality directly under the Central Government shall, according to law, publish the detailed construction plan and the general plane figure of the designed scheme of the construction project which are examined and approved.

Article 41 For construction of township enterprises, rural public facilities and public welfare undertakings in areas covered by the plan of a township or village, the developing unit or individual shall make an application to the people’s government of the town or township concerned, which shall report the matter to the department in charge of urban and rural planning under the people’s government of the city or county concerned for issue of a permit for planned rural construction.

The administrative measures for planning the construction of rural residential houses for the villagers on the original house sites in the areas covered by the plans of the township or villages shall be formulated by the provinces, autonomous regions, or municipalities directly under the Central Government.

No land for agricultural use may be used for construction of township enterprises, rural public facilities or public welfare undertakings or for construction of rural residential houses for villagers in areas covered by the plan of a township or village; where it is really necessary to use such land, the examining and approving formalities for the change of land use shall be completed according to the relevant provisions of the Land Administration Law of the People’s Republic of China, before the permit for planned rural construction is issued by the department in charge of urban and rural planning under the people’s government of a city or county.

The developing unit or individual may go through the examination and approval formalities for land use only after it or he obtains the permit for planned rural construction.

Article 42 The department in charge of urban and rural planning shall not issue any permit for planning the use of land beyond the scope of land planned for construction as determined in the urban and rural plan.

Article 43 A developing unit shall carry out construction in compliance with the conditions for planning; where it is really necessary to make changes in the conditions, it shall apply to the department in charge of urban and rural planning under the people’s government of the city or county concerned. If the changes to be made are not in conformity with the detailed control plan, the said department shall not grant approval. The department shall, in a timely manner, inform the department in charge of land at the same level of the changes made in the conditions for planning according to law and publish such changes.

The developing unit shall, in a timely manner, report for the record the conditions for planning which are changed according to law to the department in charge of land under the people’s government concerned.

Article 44 Temporary construction carried out in the area covered by the plan of a city or town shall be subject to approval by the department in charge of urban and rural planning under the people’s government of the city or county concerned. If temporary construction affects the implementation of the short-term construction plan or the detailed control plan, traffic, the appearance or safety of a city, etc., no approval may be granted. Temporary buildings shall be demolished by the building unit itself before the expiration of the approved time limit on use.

The specific measures for administration of the planning on temporary construction and land use shall be formulated by the people’s government of a province, autonomous region, or municipality directly under the Central Government.

Article 45 The department in charge of urban and rural planning under the people’s government at or above the county level shall, according to the regulations of the State Council, check whether a construction project is in compliance with the conditions for planning. If a construction project is not checked, or checking proves that it dose not comply with the conditions for planning, the developing unit may not arrange for acceptance check upon completion of the project.

The developing unit shall, within six months after the acceptance check conducted upon completion of a project, submit the relevant materials thereof to the department in charge of urban and rural planning.