中华人民共和国城市规划法(2)

　　In the construction of harbours， consideration shall be given to the rational allocation and utilization² of a city's waterfront， and the availability of a section of the water front for activities other than production shall be guaranteed.

　　Article 25 The development of new urban areas shall be carried out in localities where there are conditions for construction like ample water and energy resources， transportation facilities and means of preventing disasters. Mineral reserves and underground cultural relics³ and historical sites shall be avoided.

　　Article 26 In the development of new urban areas， rational use shall be made of the existing facilities of a city.

　　Article 27 In the redevelopment of existing urban areas， the principles of good maintenance， rational utilization， readjustment of the layout and gradual improvement shall be adhered to. Redevelopment shall be carried out by stages on a unified⁴ plan. The residential⁵ and transportation conditions in the existing urban areas shall be improved step by step， and special attention shall be given to the construction of the infrastructure⁶ and public facilities so as to enhance the multiple functions of the city.

　　Chapter IV Implementation⁷ of City Planning

　　Article 28 The plan for a city shall be announced by the people's government of the city after it is approved.

　　Article 29 The use of land and all development projects within a planned urban area must conform to the plan for a city and must be subjected to planning administration.

　　Article 30 The location and layout of construction projects within a planned urban area must conform to the plan for a city. The design programme submitted for approval must be accompanied by the statement of opinion on the location issued by the competent department of city planning administration.

　　Article 31 When applying for the use of land for a construction project in a planned urban area， the unit or individual undertaking⁸ construction must produce documents stating the approval of the project by the relevant government authorities and apply to the competent department of city planning administration for the determination of a location for the construction project. The competent department of city planning administration shall determine the site and its boundary， provide the facilities for planning and designing， and issue a permit for the planned use of land for construction. Only after acquiring the permit for the planned use of land for construction， may the unit or individual undertaking construction apply for the use of land to the land administration department of the local people's government at or above the county level. After the application is examined and approved by the people's government at or above the county level， land shall be allocated⁹ by the department of land administration.

　　Article 32 For the construction of a new building， structure， road， pipeline¹⁰ and cable or any other engineering works， its extension or its alteration¹¹ within a planned urban area， application shall be submitted to the competent department of the city planning administration together with the related documents of approval. The competent department of city planning administration shall issue a permit for a planned construction project according to the planning and design requirements defined in the plan for the city. The unit or individual undertaking construction may not apply for the performance of the procedure for the beginning of construction until after acquiring the permit for a planned construction project.

　　Article 33 A temporary structure erected¹² within a planned urban area must be demolished¹³ within the approved period of time for its use. Measures for the planning and administration of temporary structures and land for temporary use shall be formulated¹⁴ by the people's governments of the provinces， autonomous¹⁵ regions and municipalities directly under the Central Government.

　　The construction of permanent buildings， structures and other installations shall be banned on land granted for temporary use.

　　Article 34 All units and individuals must obey the decisions on readjustments in the use of land made by the people's government of a city according to the plan for the city.

　　Article 35 No unit or individual may undertake construction on a road or a public square， in a green space， in a high-voltage power supply corridor， or by cutting into the space for underground pipelines¹⁶ and cables.

　　Article 36 The excavation¹⁷ of sand and gravel¹⁸ and of earth within a planned urban area shall be approved by the competent administrative¹⁹ authorities. No such activity may cause damage to the urban environment or produce a negative effect on city planning.

　　Article 37 The competent department of city planning administration shall be empowered to inspect the construction projects in a planned urban area to see if they conform to the requirements of the plan for a city. The party subject to inspection²⁰ shall state the actual situation and provide the necessary data. The party conducting inspection shall be obliged to keep technical and business secrets for the party subject to inspection.

　　Article 38 The competent department of city planning administration may participate in the checking and acceptance of important development projects within a planned urban area. The construction unit shall submit to the competent department of city planning administration documents related to the completion of a development project within a planned urban area within six months of the checking and acceptance of the project.

　　Chapter V Legal Liability

　　Article 39 If， within a planned urban area， land is occupied and used after the acquisition of documents of approval for the use of land for construction but without the acquisition of a permit for the planned use of land for construction， such documents of approval shall be declared invalid²¹， and the land occupied shall be returned by order of a people's government at or above the county level.

　　Article 40 Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with the requirements stated in the permit and which seriously affects city planning shall， by order of the competent department of city planning administration of the local people's government at or above the county level， be suspended， removed within a prescribed period of time or be punishable by the confiscation²² of illegal buildings， structures or facilities； construction which affects city planning but can still be remedied shall， by order of the competent department of city planning administration of the local people's government at or above the county level， be corrected within a prescribed period of time and be concurrently²³ punishable by a fine.

　　Article 41 A person responsible for constructing a project without a permit for a planned construction project or not inline with the requirements in the permit may be given administrative sanction by the organization where he works or by the competent authority at a higher level.

　　Article 42 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 t within 15 days of receiving the notification on such a decision， apply for reconsideration to the department next higher to the authorities that decided²⁴ on the sanction； if the party refuses to accept the decision of reconsideration， it may， within 15 days of receiving there consideration 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 expiration²⁵ of this period， the party has not applied²⁶ for reconsideration or has neither brought a suit before a people's court nor complied with the sanction， the authorities that decided on the sanction may apply to the people's court for compulsory²⁷ enforcement.

　　Article 43 Any member of a competent department of city planning administration who neglects his duty， abuses his power or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authorities； if his act constitutes a crime， he shall be investigated for criminal responsibility according to law.

　　Chapter VI Supplementary²⁸ Provisions

　　Article 44 This Law may be referred to for a residents' community in an industrial or mining district without the administrative status of a town.

　　Article 45 Rules for the implementation of this Law shall be formulated， pursuant to this Law， by the competent department of city planning administration under the State Council， and shall be implemented²⁹ after they are submitted to and approved by the State Council.

　　Measures for the implementation of this Law may be formulated， pursuant to this Law， by the standing³⁰ committees of the people's congresses of the provinces， autonomous regions and municipalities directly under the Central Government.

　　Article 46 This Law shall enter into force as of April 1， 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated therefrom……