On October 28, 2007, the thirtieth meeting of the tenth session of the Standing Committee of the National People's Congress adopted the Chinese People*** and State Urban and Rural Planning Law, ***7 chapters and 70 articles, since January 1, 2008 shall come into force, and the Chinese People*** and State Urban Planning Law is repealed at the same time.
April 24, 2015, the twelfth session of the standing committee of the national people's congress of the fourteenth meeting of the Chinese people's *** and the state of urban and rural planning law through the Chinese people's *** and the state of urban and rural planning law to make changes.
General Provisions
Article 1 This Law is hereby enacted for the purpose of strengthening the management of urban and rural planning, coordinating the spatial layout of urban and rural areas, improving the human environment, intensively, efficiently and rationally utilizing urban and rural land, and promoting the comprehensive, scientific, coordinated and sustainable development of the urban and rural economy and society.
Article 2 The formulation and implementation of urban and rural planning, construction activities within the planning area, must comply with this Law.
The urban and rural planning referred to in this Law includes township system planning, city planning, township planning, township planning and village planning and community planning. City planning and town planning are divided into general planning and detailed planning. Detailed planning is divided into detailed control planning and detailed construction planning.
The planning area referred to in this Law refers to the built-up areas of cities, towns and villages, as well as the areas that must be subject to planning control due to the needs of urban and rural construction and development. The specific scope of the planning area shall be delineated by the people's government concerned in the city master plan, township master plan, township plan and village plan organized and prepared by the people's government concerned in accordance with the level of economic and social development of the city and the town and the need for integrated urban and rural development.
Article 3 Cities and towns shall formulate city planning and town planning in accordance with this Law. Construction activities within the planning areas of cities and towns shall conform to the planning requirements.
Local people's governments at or above the county level shall, in accordance with the level of economic and social development of the local rural areas, and in accordance with the principles of local conditions and practicability, determine the areas in which township and village planning shall be formulated. The townships and villages within the identified areas shall formulate plans in accordance with this Law, and the construction of townships and villages within the planning areas shall conform to the planning requirements.
Local people's governments at or above the county level encourage and guide townships and villages in areas other than those provided for in the preceding paragraph to formulate and implement township and village plans.
Article 4 The formulation and implementation of urban and rural planning shall be guided by the principles of urban and rural integration, rational layout, land conservation, intensive development and planning before construction, to improve the ecological environment, to promote the conservation and comprehensive utilization of resources and energy, to protect natural resources such as arable land and the historical and cultural heritage, to maintain the local features, national characteristics and traditional features, to prevent pollution and other public nuisances, and in line with the development of regional population, national defense construction, disaster prevention and mitigation and public **** health, public **** security needs.
Construction activities in the planning area shall comply with the provisions of laws and regulations on land management, natural resources and environmental protection.
Local people's governments at or above the county level shall, in accordance with the reality of local economic and social development, reasonably determine the scale of development, steps and construction standards for cities and towns in urban master plans and town master plans.
Article 5 The preparation of urban master plans, township master plans, and township and village plans shall be based on national economic and social development planning, and in conjunction with the overall land use planning.
Article 6 The people's governments at all levels shall incorporate the expenses for the preparation and management of urban and rural planning into the budgets of their respective levels.
Article 7 Urban and rural planning approved in accordance with law is the basis for urban and rural construction and planning and management, and may not be amended without legal procedures.
Article 8 The organ organizing the preparation of urban and rural planning shall promptly publish the urban and rural planning approved in accordance with law. However, except for the contents which shall not be publicized as stipulated by laws and administrative regulations.
Article 9 Any unit or individual shall abide by the urban and rural planning approved and published in accordance with law, obey the planning management, and have the right to inquire with the competent department of urban and rural planning as to whether the construction activities involving their interests are in conformity with the requirements of the plan.
Any unit or individual has the right to report to the competent department of urban and rural planning or other relevant departments to report or complain about violations of urban and rural planning. The competent department of urban and rural planning or other relevant departments of the report or complaint, shall promptly accept and organize verification, processing.
Article 10 The state encourages the use of advanced science and technology to enhance the scientific nature of urban and rural planning, urban and rural planning and supervision and management to improve the effectiveness of the implementation.
Article 11 The competent department of urban and rural planning under the State Council shall be responsible for the administration of urban and rural planning throughout the country.
The competent departments of urban and rural planning of the local people's governments at or above the county level are responsible for the administration of urban and rural planning in their respective administrative areas.
Development of Urban and Rural Planning
Article 12 The department in charge of urban and rural planning under the State Council, in conjunction with the relevant departments of the State Council, shall organize the preparation of a national urban system plan for use in guiding the preparation of provincial urban system plans and urban master plans.
The national town system plan shall be submitted by the competent department of urban and rural planning under the State Council to the State Council for approval.
Article 13: The people's governments of provinces and autonomous regions shall organize the preparation of provincial town system plans and submit them to the State Council for approval.
The content of provincial town system planning shall include: spatial layout and scale control of towns and cities, the layout of major infrastructures, for the protection of the ecological environment, resources, and other areas that need to be strictly controlled.
Article 14: The people's governments of cities shall organize the preparation of urban master plans.
Municipalities directly under the Central Government's urban master plan by the people's government of the municipality directly under the State Council for approval. The master plans of cities where the people's governments of provinces and autonomous regions are located, and of cities identified by the State Council, shall be examined and agreed to by the people's governments of the provinces and autonomous regions before being submitted to the State Council for approval. The master plan of other cities, by the city people's government for approval by the people's governments of provinces and autonomous regions.
Article 15: The people's government of a county shall organize the preparation of the master plan of the town where the people's government of the county is located, and submit it to the people's government of the next higher level for approval. The general plan of other towns shall be prepared by the people's governments of the towns and submitted to the people's governments at the next higher level for approval.
Article 16 The provincial township system plan organized and prepared by the people's governments of provinces and autonomous regions, and the master plan organized and prepared by the people's governments of cities and counties shall be considered by the standing committee of the people's congress at its own level before being submitted to the people's government at the next higher level for approval, and the deliberation of the members of the standing committee shall be referred to the people's government at its own level for study and processing.
The township master plan organized by the township people's government shall be considered by the township people's congress before it is submitted to the people's government at the next higher level for approval, and the deliberations of the delegates shall be referred to the people's government at this level for study and processing.
The organ organizing and preparing the plan shall submit for approval the provincial town system plan, the city master plan or the town master plan, together with the deliberations of the members of the Standing Committee of the People's Congress at this level or of the delegates to the town people's congress, and the modification of the plan in the light of the deliberations.
Article 17 The contents of the city master plan, town master plan shall include: the development layout of the city, town, functional zoning, land use layout, comprehensive transportation system, prohibited, restricted and suitable for the construction of the territorial scope, various types of special planning.
The scope of the planning area, the scale of construction land within the planning area, infrastructure and public **** service facilities, water sources and water systems, basic farmland and green land, environmental protection, natural and historical cultural heritage protection, as well as disaster prevention and mitigation should be mandatory as a city master plan, town master plan.
City master plan, town master plan planning period is generally twenty years. The city master plan shall also make predictive arrangements for the longer-term development of the city.
Article 18 Township planning, village planning shall start from the actual rural areas, respect the wishes of the villagers, reflecting the local and rural characteristics.
The content of township planning and village planning shall include: the scope of the planning area, the land layout and construction requirements for residential buildings, roads, water supply, drainage, power supply, garbage collection, livestock and poultry breeding places and other rural production and living service facilities, public welfare undertakings and other constructions, as well as the protection of natural resources such as arable land and historical and cultural heritage, and the specific arrangements for disaster prevention and mitigation. Township planning shall also include the layout of village development within the administrative area.
Article 19 The department in charge of urban and rural planning of the people's government of a city shall, in accordance with the requirements of the city's general plan, organize the preparation of the detailed controlling plan of the city, and after approval by the people's government of the present level, report it to the Standing Committee of the People's Congress of the present level and the people's government of the next higher level for record.
Article 20 The people's government of a town shall, in accordance with the requirements of the town's general plan, organize the preparation of the detailed controlling plan of the town and submit it to the people's government of the next higher level for approval. The detailed controlling plan of the town where the county people's government is located shall be organized and prepared by the department in charge of urban and rural planning of the county people's government in accordance with the requirements of the town's general plan, and shall be submitted to the Standing Committee of the People's Congress of the current level and the people's government of the next higher level for the record after it is approved by the county people's government.
Article 21 The competent departments for urban and rural planning of the cities and county people's governments and the people's governments of towns may organize the preparation of detailed constructional plans for important plots of land. The constructive detailed planning shall be consistent with the controlling detailed planning.
Article 22 The people's governments of townships and townships shall organize the preparation of township plans and village plans, and submit them to the people's governments at the next higher level for approval. Village planning shall be discussed and agreed upon by the villagers' meeting or the meeting of villagers' representatives before being submitted for approval.
Article 23 The master plan and detailed plan of the capital city shall take into account the needs of the central state organs in terms of land layout and spatial arrangement.
Article 24 The organ organizing and preparing the urban and rural planning shall entrust units with appropriate qualification levels to undertake the specific preparation of urban and rural planning.
The units engaged in the preparation of urban and rural planning shall have the following conditions and shall be qualified by the competent department of urban and rural planning under the State Council or the competent department of urban and rural planning under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government in accordance with the law, and obtain the qualification certificates of the corresponding grades before engaging in the preparation of urban and rural planning within the scope permitted by the qualification grades:
(1) they have a legal person's qualification;
( (ii) a prescribed number of planners registered by the relevant industry associations;
(iii) appropriate technical equipment;
(iv) a sound technical, quality and financial management system.
Methods for the administration of the licensing qualifications of planners shall be formulated by the competent department of urban and rural planning under the State Council in conjunction with the personnel administrative department of the State Council.
The preparation of urban and rural planning must comply with the relevant national standards.
Article 25 The preparation of urban and rural planning shall have the basic information on surveying, mapping, meteorology, seismology, hydrology and environment as prescribed by the State.
The relevant competent authorities of the local people's governments at or above the county level shall, according to the needs of the preparation of urban and rural planning, provide the relevant basic information in a timely manner.
Article 26 Before submitting the urban and rural planning for approval, the organizing body shall, in accordance with law, the draft urban and rural planning shall be announced, and take the discussion, hearing or other means to solicit the views of experts and the public. The announcement shall be made for a period of not less than thirty days.
The organizing body shall give full consideration to the views of experts and the public, and in the submission for approval of the materials attached to the adoption of the views and reasons.
Article 27 Before the approval of the provincial township system plan, city master plan, township master plan, the approval authority shall organize experts and relevant departments for review.
Implementation of Urban and Rural Planning
Article 28 The local people's governments at all levels shall, in accordance with the local level of economic and social development, live within their means, respect the wishes of the masses, and organize the implementation of urban and rural planning in a planned and step-by-step manner.
Article 29 The construction and development of cities shall give priority to the construction of infrastructure as well as public ****service facilities, and properly deal with the relationship between the development of new districts and the reconstruction of old districts, and take into account the lives of migrant workers in the city and the surrounding rural economic and social development, the villagers' production and living needs.
The construction and development of townships shall be combined with the economic and social development of the countryside and the restructuring of industries, and priority shall be given to the construction of infrastructure facilities such as water supply, drainage, power supply, gas supply, roads, communications, radio and television broadcasting, as well as public ****service facilities such as schools, sanatoriums, cultural stations, kindergartens and welfare homes, so as to provide services for the neighboring countryside.
Construction and development of townships and villages shall be carried out in accordance with local conditions and land conservation, giving full play to the role of villagers' self-governing organizations, guiding villagers to carry out construction in a rational manner, and improving rural production and living conditions.
Article 30 The development and construction of new urban areas shall reasonably determine the scale and sequence of construction, make full use of the existing municipal infrastructure and public ****service facilities, strictly protect the natural resources and ecological environment, and reflect the local characteristics.
In the city master plan, town master plan to determine the scope of the construction of land outside, shall not establish various types of development zones and new urban areas.
Article 31 The reconstruction of the old urban areas shall protect the historical and cultural heritage and traditional features, reasonably determine the scale of demolition and construction, and systematically carry out reconstruction of dangerous buildings and infrastructure backwardness and other sections.
The protection of famous historical and cultural cities, towns and villages, as well as the maintenance and use of protected buildings, shall comply with the relevant laws, administrative regulations and the provisions of the State Council.
Article 32 The construction and development of towns and villages shall, in accordance with law, protect and rationally utilize the resources of scenic spots, and make overall arrangements for the construction of scenic spots as well as the neighboring towns, towns and villages.
The planning, construction and management of scenic spots shall comply with the relevant laws, administrative regulations and provisions of the State Council.
Article 33 The development and utilization of urban underground space shall be compatible with the level of economic and technological development, and follow the principle of integrated arrangement, comprehensive development and rational utilization, giving full consideration to disaster prevention and mitigation, people's air defense and communication needs, and in line with the urban planning, the fulfillment of planning approval procedures.
Article 34 The people's governments of cities, counties and towns shall, in accordance with the city master plan, the town master plan, the overall land use plan and the annual plan and the national economic and social development plan, formulate a near-term construction plan, and submit it to the master plan approval authority for the record.
Construction planning should be important infrastructure, public **** service facilities and low- and middle-income residents of housing construction and ecological environmental protection as the focus of the content, clear construction of the chronology, development direction and spatial layout. The planning period of the construction plan shall be five years.
Article 35 The land for railroads, highways, ports, airports, roads, green areas, power transmission and distribution facilities and transmission line corridors, communication facilities, radio and television facilities, pipeline facilities, rivers, reservoirs, water sources, nature reserves, flood control channels, fire control channels, nuclear power stations, landfills and incineration plants, sewage treatment plants and public ****service facilities, as well as other land that needs to be land that is protected according to law, and unauthorized change of use is prohibited.
Article 36 In accordance with the provisions of the state requires the approval or approval of the relevant departments of the construction project, the allocation of state-owned land use rights, the construction unit before submitting to the relevant departments for approval or approval, shall apply to the competent department of urban and rural planning for issuance of site selection opinion.
Construction projects other than those stipulated in the preceding paragraph need not apply for a letter of advice on siting.
Article 37 A construction project in a city or township planning area for which the right to use state-owned land is provided by way of allocation shall, after approval, ratification or filing by the relevant departments, be submitted by the construction unit to the competent department of urban and rural planning of the people's government of the city or county for an application for permission to use land for construction purposes, and the competent department of urban and rural planning of the people's government of the city or county shall, on the basis of the detailed controlling planning, authorize the location, area, and permissible scope of the land to be built, and issue a letter of advice on site selection
After obtaining the construction land use planning permit, the construction unit may apply for land use to the competent land department of the local people's government at or above the county level, and after approval by the people's government at or above the county level, the competent land department shall allocate the land.
Article 38 Where the right to use state-owned land is provided by way of grant within the planning area of a city or town, before the right to use state-owned land is granted, the competent department of urban and rural planning of the people's government of the city or county shall, on the basis of the detailed planning of the controlling nature, put forward the planning conditions such as the location of the land parcels to be granted, the nature of their use, and the intensity of their development, which shall be an integral part of the contract on the grant of the right to use state-owned land. The state-owned land use right shall not be granted without determining the planning conditions of the land parcels.
After signing the contract for the granting of the right to use state-owned land, the construction unit of a construction project that has acquired the right to use state-owned land by way of granting shall, with the approval, ratification or filing documents of the construction project and the contract for the granting of the right to use state-owned land, obtain the construction land-use planning permit from the competent department of urban and rural planning of the people's government of the city or county.
The competent department of urban and rural planning of the people's government of the city or county shall not, in the construction land-use planning permit, change without authorization the planning conditions which are an integral part of the contract for the granting of the right to use state-owned land.
Article 39 If the planning conditions are not included in the contract for the granting of the right to use state-owned land, the contract for the granting of the right to use state-owned land shall be null and void; if a construction unit approves the use of land without obtaining a land-use planning permit for construction, the people's government at or above the county level shall revoke the relevant approval documents; if the land is taken up, it shall be returned in a timely manner; and if any loss is incurred by the party concerned, it shall be compensated in accordance with the law.
Article 40 Where buildings, structures, roads, pipelines and other projects are to be constructed within the planning areas of cities and towns, the construction unit or individual shall apply to the department in charge of urban and rural planning of the people's government of the city or county, or to the people's government of the town as determined by the people's government of the province, autonomous region, or municipality directly under the Central Government, for a construction project planning permit.
Application for construction project planning permit shall be submitted to the use of land related documents, construction project design plan and other materials. Construction projects that require construction units to prepare detailed construction planning, should also be submitted to the detailed construction planning. For those in line with the detailed control planning and planning conditions, the urban and rural planning department of the city or county people's government or the people's government of the township as determined by the people's government of the province, autonomous region or municipality directly under the Central Government shall issue the construction project planning permit.
The urban and rural planning department of the city or county people's government, or the people's government of the province, autonomous region or municipality directly under the central government to determine the town people's government shall, in accordance with the law, will be validated by the detailed planning of the construction, the general layout of the construction project design plan to be published.
Article 41 In the township and village planning area for the construction of township enterprises, rural public **** facilities and public welfare undertakings, the construction unit or individual shall apply to the township or township people's government, the township or township people's government shall report to the competent department of urban and rural planning under the people's government of the city or county for the issuance of a planning permit for construction of the countryside.
In the township, village planning area using the original residential base for rural villagers residential construction of planning and management methods, by the provinces, autonomous regions and municipalities directly under the Central Government.
In the township, village planning area for township enterprises, rural public **** facilities and public welfare construction and rural villagers residential construction, shall not occupy agricultural land; do need to occupy agricultural land, should be in accordance with the "Chinese People's **** and the State Land Management Law" relevant provisions of the approval of the conversion of agricultural land for approval procedures by the urban and rural planning departments of urban and rural planning by the city and county people's governments to issue the rural construction planning permit. license.
Construction units or individuals may apply for land use approval procedures only after obtaining the rural construction planning permit.
Article 42 The competent department of urban and rural planning shall not issue planning permits outside the scope of construction land determined by urban and rural planning.
Article 43 A construction unit shall carry out construction in accordance with the planning conditions; if it is necessary to make changes, it must apply to the competent department of urban and rural planning of the people's government of the city or county. The competent department of urban and rural planning shall not approve any change that is not in accordance with the detailed controlling plan. The competent department of urban and rural planning of the people's government of the city or county shall promptly notify the competent land department at the same level of the planning conditions that have been changed in accordance with the law and publicize them.
Construction units shall promptly report the legally changed planning conditions to the competent land department of the relevant people's government for the record.
Article 44 Where temporary construction is carried out in a city or town planning area, it shall be approved by the competent department of urban and rural planning of the people's government of the city or county. Temporary construction shall not be approved if it affects the implementation of the construction plan or the detailed controlling plan as well as transportation, cityscape and safety.
Temporary construction shall be dismantled within the approved period of use.
The specific measures for the planning and management of temporary construction and temporary land use shall be formulated by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 45 The competent department for urban and rural planning of the local people's government at or above the county level shall, in accordance with the provisions of the State Council, verify whether a construction project conforms to the planning conditions. Without verification or verified non-compliance with the planning conditions, the construction unit shall not organize the completion and acceptance.
Construction units shall, within six months after the completion and acceptance to the competent department of urban and rural planning to submit the relevant completion and acceptance information.
Revision of Urban and Rural Planning
Article 46 The organ organizing and preparing organ of the provincial township system plan, city master plan and township master plan shall organize the relevant departments and experts to regularly assess the implementation of the plan, and shall take the form of argumentative hearings, hearings, or other means of soliciting the public's opinions. The organizing body shall submit an assessment report to the Standing Committee of the People's Congress at its level, the town people's congress and the original approval authority with a copy of the consultation.
Article 47 In any of the following cases, the organizing and preparing organ may amend the provincial township system plan, the city master plan, the township master plan only in accordance with the prescribed authority and procedures:
(1) Changes to the township and countryside plan formulated by the people's government at a higher level, and requests for amendment of the plan;
(2) Adjustment of administrative divisions which really need to be amended;
(3) Changes to the township and countryside plan approved by the State Council, which really need to be amended. p>(3) Where it is necessary to amend the plan due to the approval of major construction projects by the State Council;
(4) Where it is necessary to amend the plan after assessment;
(5) In other cases where the approving authority of the urban and rural planning considers that the plan should be amended.
Before amending the provincial township system plan, city master plan, township master plan, the organizing body shall summarize the implementation of the original plan and report to the original approving authority; if the amendment involves the mandatory contents of the city master plan, township master plan, a special report shall be submitted to the original approving authority, and the amendment plan shall only be prepared with the consent of the organ.
The revised provincial town system plan, city master plan, town master plan, shall be submitted for approval in accordance with the approval procedures stipulated in Articles 13, 14, 15 and 16 of this Law.
Article 48 The modification of the detailed planning of control, the organization shall organize the preparation of the necessity of the modification of the organization, to seek the views of interested parties within the planning lot, and to the original approval authority to submit a thematic report, by the original approval authority agrees, before the preparation of the revised program. The revised detailed control plan shall be submitted for approval in accordance with the approval procedures stipulated in Articles 19 and 20 of this Law. Control of detailed planning modification involves the city master plan, town master plan of mandatory content, shall first modify the master plan.
Modification of township planning, village planning, shall be submitted for approval in accordance with the approval procedures set forth in Article 22 of this Law.
Article 49 Where the people's governments of cities, counties or towns amend their construction plans, they shall submit the amended construction plans to the organ that approves the master plan for record.
Article 50 After the issuance of a site selection opinion, construction land use planning permit, construction project planning permit or rural construction planning permit, if the lawful rights and interests of the licensee are lost as a result of the modification of urban and rural planning in accordance with the law, compensation shall be given in accordance with the law.
The detailed construction planning, construction engineering design plan shall not be modified; if modification is necessary, the competent authorities in charge of urban and rural planning shall take the form of hearings and other forms of hearing the views of interested parties; due to the modification of the lawful rights and interests of the interested parties to the losses caused by the lawful rights and interests of the parties shall be compensated in accordance with the law.
Supervision and Inspection
Article 51 The people's governments at or above the county level and their competent departments for urban and rural planning shall strengthen the supervision and inspection of the preparation, approval, implementation and revision of urban and rural planning.
Article 52 Local people's governments at all levels shall report to the standing committee of the people's congress at their level or to the people's congresses of townships and townships on the implementation of urban and rural planning and accept supervision.
Article 53 The competent department for urban and rural planning of the people's government at or above the county level shall supervise and inspect the implementation of urban and rural planning, and shall have the right to take the following measures:
(1) to require the units and persons concerned to furnish documents and information relating to the matters under supervision and to make copies of them;
(2) to require the units and persons concerned to explain and clarify the issues involved in the matters under supervision, and to enter the scene as necessary for the purpose of making explanations. explanations, and enter the site for surveys as needed;
(3) ordering the units and persons concerned to stop violating the laws and regulations on urban and rural planning.
The staff of the competent department of urban and rural planning shall show their law-enforcement documents when they fulfill their duties of supervision and inspection as stipulated in the preceding paragraph. Supervision and inspection of units and personnel shall cooperate, shall not hinder and obstruct the supervision and inspection activities carried out in accordance with the law.
Article 54 supervision and inspection and the results shall be open for public inspection and supervision.
Article 55 The competent department for urban and rural planning shall, in investigating and dealing with violations of the provisions of this Law, find that the staff of state organs should be given administrative sanctions in accordance with the law, and shall make recommendations on the sanctions to their appointing and removing organs or supervisory organs.
Article 56 If an administrative penalty should be imposed in accordance with the provisions of this Law, and the competent department of urban and rural planning concerned does not impose the administrative penalty, the competent department of urban and rural planning of a people's government at a higher level shall have the right to order it to make a decision on the administrative penalty or to recommend that the people's government concerned order it to impose the administrative penalty.
Article 57 Where the competent department of urban and rural planning makes an administrative license in violation of the provisions of this Law, the competent department of urban and rural planning of the people's government at a higher level shall have the right to order it to revoke or directly revoke the administrative license. If the revocation of the administrative license causes losses to the lawful rights and interests of the parties concerned, they shall be compensated in accordance with the law.
Legal Responsibility
Article 58～Article 59 Where urban and rural planning should be prepared in accordance with the law, but is not organized, or where urban and rural planning is not prepared, approved, or amended in accordance with the legal procedures, the people's government at the higher level shall order correction and notify the people of the criticism; and where the organizing authority of urban and rural planning commissions the preparation of urban and rural planning by a unit which does not have the corresponding qualification level, the higher-level people's government shall order correction and notify the people of the criticism of the people's government in the both of the above cases. People's Government shall order rectification and inform and criticize; the person in charge of the people's government concerned and other persons directly responsible shall be punished in accordance with the law.
Article 60 Where the people's government of a town or the competent department for urban and rural planning of the people's government at or above the county level commits any of the following acts, the people's government at its own level, the competent department for urban and rural planning of the people's government at a higher level, or the supervisory organ shall order rectification on its own authority:
(1) Failure to organize the preparation of a detailed controlling plan for a city, or for the town in which the people's government of a county is situated in accordance with the law;
(ii) exceeding the authority or the applicant does not meet the statutory conditions for the issuance of site selection advice, construction land use planning permit, construction project planning permit, rural construction planning permit;
(iii) the applicant meets the statutory conditions for the applicant does not within the statutory period of time for the issuance of site selection advice, construction land use planning permit, construction project planning permit, rural construction planning permit (d) Failure to publish the finalized detailed construction planning, construction engineering design plan of the general plan in accordance with the law;
(e) Agree to amend the detailed construction planning, construction engineering design plan of the general plan before the general plan does not take the form of hearings to listen to the views of interested parties;
(f) found that the planning permission has not been obtained in accordance with the law, or in violation of the provisions of the planning permission. The provisions of the planning permission for construction in the planning area, and not investigated or not dealt with according to law after receiving a report.
Article 61 If the relevant department of the people's government at or above the county level commits any of the following acts, the people's government at its own level or the relevant department of the people's government at a higher level shall order rectification:
(1) Issuing the approval document for a construction project to a construction project for which an opinion on siting has not been obtained in accordance with the law;
(2) Failing to determine the planning conditions in the contract of transfer of the right to use the state-owned land or to change the conditions for the transfer of the right to use the state-owned land; or Changing the planning conditions determined in accordance with law in the contract for the granting of the right to use state-owned land;
(3) Allocating the right to use state-owned land to a construction unit that has not obtained a construction land use planning permit in accordance with law.
For the above two cases, notification of criticism; the directly responsible person in charge and other directly responsible persons shall be given sanctions according to law
Article 62 Where an urban and rural planning preparation unit commits any of the following acts, the competent department of urban and rural planning of the people's government of the city or county in which it is located shall order correction within a specified period of time, and impose a fine of not less than one but not more than two times of the contractually agreed-upon fee for the preparation of the plan; where the circumstances are serious Ordered to suspend business rectification, by the original licensing authority to reduce the qualification level or revocation of the qualification certificate; caused losses, shall bear the liability for compensation:
(a) beyond the scope of qualification level license to undertake urban and rural planning preparation;
(b) violation of the relevant national standards for the preparation of urban and rural planning.
If a person fails to obtain a qualification certificate in accordance with the law, the competent department of urban and rural planning of the local people's government at or above the county level shall order the cessation of the illegal act and impose a fine in accordance with the preceding paragraph; if the loss is caused, the person shall be liable for compensation in accordance with the law.
To obtain qualification certificates by deception to undertake urban and rural planning work, the original issuing authority to revoke the qualification certificate, in accordance with the provisions of the first paragraph of this article shall be fined; causing losses, shall bear the responsibility for compensation.
Article 63 After obtaining a qualification certificate for urban and rural planning preparation units, no longer meet the corresponding qualification conditions, the original licensing authority shall order rectification within a specified period of time; if no rectification is made after the expiration of this period of time, the qualification level shall be lowered or the qualification certificate shall be revoked.
Article 64 Where a construction project planning permit has not been obtained or where construction is not carried out in accordance with the provisions of the construction project planning permit, the competent department of urban-rural planning of the local people's government at or above the county level shall order the construction to be stopped; where corrective measures can be taken to eliminate the impact on the implementation of the plan, the corrective measures shall be made within a fixed period of time, and the person concerned shall be subject to a fine of more than five percent and less than ten percent of the cost of the construction project; where no corrective measures can be taken Can not remove the impact of the deadline for removal, can not be removed, confiscated in kind or illegal income, and may also impose a fine of less than ten percent of the construction cost of the construction project.
Article 65 Where a person fails to obtain a rural construction planning permit in accordance with law or fails to carry out construction in accordance with the provisions of a rural construction planning permit in a township or village planning area, the people's government of the township or township shall order the stopping of the construction and the rectification of the construction within a specified period of time; if the rectification of the construction is not carried out after the expiration of the specified period of time, the construction may be removed.
Article 66 If a construction unit or individual commits any of the following acts, the competent department of urban and rural planning of the people's government of the city or county in which it is located shall order its removal within a specified period of time, and may impose a fine of not more than double the construction cost of the temporary construction project:
(1) Carrying out a temporary construction without authorization;
(2) Carrying out a temporary construction without complying with the content of the authorization;
(iii) Temporary buildings and structures are not dismantled beyond the approved period.
Article 67 If a construction unit fails to submit to the competent department of urban and rural planning the relevant completion and acceptance data within six months after the completion and acceptance of the construction project, the competent department of urban and rural planning of the people's government of the city or county in which it is located shall order it to make up the report within a certain period of time; and if it fails to make up the report after the expiration of the period of time, it shall be punished by a fine of not less than ten thousand and not more than fifty thousand yuan.
Article 68 After the competent department of urban and rural planning has made a decision to order the cessation of construction or dismantling within a certain period of time, if the party concerned does not stop the construction or dismantles it after the expiration of the period of time, the local people's government at or above the county level where the construction project is situated may instruct the relevant departments to take measures such as sealing up the construction site and forcibly dismantling the project.
Article 69 Violation of the provisions of this Law constitutes a crime, shall be investigated for criminal responsibility.
Attachments
Article 70 This Law shall come into force on January 1, 2008. The Urban Planning Law of the People's Republic of China shall be repealed at the same time.