NPC Standing Committee Deliberates on Urban and Rural Planning Law of People’s Republic of China (Draft)
The Urban and Rural Planning Law of People’s Republic of China (Draft) was deliberated for the first time at the 27th session of the 10th National People’s Congress Standing Committee on Apr. 24, 2007. Before that, the Draft was discussed and approved in principle by the State Council Standing Committee Meeting on Nov. 22, 2006.
Composed of 73 items under 7 chapters, the Draft involves such contents as the formulation, implementation, revision, supervision and legal responsibility of urban and rural planning, with breaking the dual structure of city and countryside and coordinating the spatial layout of urban and rural areas as the most obvious feature.
According to the Draft, the urban and rural planning refers to a planning system composed of urban system planning, city planning, town planning, and village planning which regulates the evolution of human settlements including cities, towns, and villages, as well as the relationships between them. In order to carry out urban and rural planning scientifically and rationally, the Draft prescribes the principles of formulation and implementation, the main theme of formulation, the procedures of examination and approval, the way of public participation, etc. In terms of planning implementation, the Draft requires that the local governments of different levels should carry out the local master plan step by step, formulate the short-term development plan in accordance with the master plan, and reduce the frequent amendments to the urban and rural planning. Moreover, the Draft stipulates the procedures of examination and approval of planning amendment, enhances the supervision and inspection, and specifies the standards for issuing the Opinions on Location of Construction, the Planning Permit for Land-use of Construction, and the Planning Permit for Implementation of Construction. It also defines the main body to formulate town and village planning, the fund source for the formulation, as well as the contents and the implementation of the plans, and strengthens the protection of arable land in particular.
In addition, the Draft completes the regulations on legal responsibility, intensifies the punishments, and clarifies the corresponding responsibilities of the key personnel and those concerned of the governments of all levels, as well as the departments concerned, who are directly responsible for conducting or sanctioning to conduct the illegal behaviors. Especially those, who commit crimes by abusing the power, neglecting the duty, and engaging in malpractices for personal gains, will be accused for criminal responsibilities. The Draft also sets different punishment standards according to the various situations of illegal buildings.