Administrative Regulations on Urban Roads (Revised in 2017)

Order of the State Council of the People's Republic of China No.676

March 1, 2017

(Promulgated by the Order of the State Council of the People's Republic of China No.198 on June 4, 1996; revised for the first time according to the Decision of the State Council on Abolishing and Revising Certain Administrative Regulations on January 8, 2011; and revised for the second time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on March 1, 2017)

Chapter I General Provisions

Article 1 These Regulations have been formulated for the purposes of strengthening the administration of urban roads, ensuring that urban roads remain in good condition, fully developing the functions of urban roads, and promoting the urban economy and social development.

Article 2 For the purpose of these Regulations, the term "urban road" as used herein means urban roads and bridges that provide passage to vehicles and passengers and meet certain technical criteria, and facilities attached to such roads and bridges.

Article 3 These Regulations apply to the planning, construction, maintenance, repair and administration of urban roads.

Article 4 Urban roads shall be administered in accordance with the principles of unified planning, the building of a complete network, coordinated development, and by attaching equal importance to construction, maintenance and administrative aspects.

Article 5 The state shall encourage and support scientific and technological research into urban roads, promote advanced technology, and enhance scientific and technological standards relating to the administration of urban roads.

Article 6 The administrative department for construction of the State Council shall be responsible for the administration of urban roads throughout the country.
The administrative departments for urban construction of the people's governments of provinces and autonomous regions shall be responsible for the administration of urban roads within their respective regions.
The administrative departments for municipal engineering of the municipal people's governments at and above the county level shall be responsible for the administration of urban roads within their respective regions.

Chapter II Planning and Construction

Article 7 The municipal people's governments at and above the county level shall organize the departments of municipal engineering, city planning, public security and communications to formulate plans for the development of urban roads in accordance with general city plans.
The administrative department for municipal engineering shall, in accordance with plans for the development of urban roads, make an annual plan for the construction of urban roads, which shall be subject to municipal government approval before implementation.

Article 8 Funds used for the construction of urban roads may, in accordance with applicable state provisions, be raised through various channels such as government investment, pooling of resources, domestic or foreign loans, income from compensational use of state-owned land, and issuance of bonds.

Article 9 Urban roads shall be constructed in accordance with technical standards for urban roads.

Article 10 Where the government invests in the construction of urban roads, construction shall be organized by the administrative department for municipal engineering in accordance with the urban road development plan and the annual plan for the construction of urban roads.
The investment made by any unit for construction of urban roads shall meet the development plan thereof.
The construction of roads in urban residential communities or development zones shall be separately incorporated into the plan for or the development and construction of residential communities or development zones.

Article 11 The state encourages domestic and foreign enterprises, other organizations and individuals to invest in the construction of urban roads in accordance with the urban road development plan.

Article 12 Plans for the installation of various facilities such as pipes, lines and poles attached to urban roads for urban drainage, the supply of water, gas, heat, electricity, communications or firefighting equipment shall be coordinated with the urban road development plan and the annual plan for the construction of urban roads. Such facilities shall be installed in step with the construction of urban roads subject to the principle of underground work before over ground work.

Article 13 Where a new urban road intersects with a main railway line, the relevant city plan shall, where necessary, leave space for the construction of overpasses in future.
Intersections of urban roads and railway lines shall be constructed in accordance with state technical standards; and overpasses shall be built at such intersections over time as needed. The amount of investment needed to construct overpasses shall be determined by the relevant departments through consultation according to relevant state provisions.

Article 14 Bridges over and tunnels under rivers shall be built in accordance with the state's flood control standards, navigation standards, and other relevant technical standards.

Article 15 The municipal people's governments at and above the county level shall, systematically and in accordance with the technical standards for urban roads, rebuild and broaden the junctions of urban roads and highways. The administrative department for highways may give financial support in accordance with applicable state provisions.

Article 16 Organizations that design or construct urban roads shall have the relevant qualifications and undertake urban road design or construction work corresponding with their qualifications.

Article 17 Urban roads shall be designed and built in strict compliance with national and local technical standards for the design and construction of urban roads.
A construction quality supervision system shall be adopted for the construction of urban roads.
Newly built urban roads may be put into service only after being deemed to meet quality standards following a post-construction check. Roads that are not checked or do not meet such standards shall not be put into service.

Article 18 A project quality maintenance system shall be adopted for urban roads. The guaranteed period for urban roads shall be one year, commencing from the date on which the road is put into service. The relevant organizations shall be liable for any construction quality problem arising during the guaranteed period.

Article 19 With respect to major bridges and tunnels built using loans or by pooling resources, the administrative department for municipal engineering may charge vehicle tolls (other than for military vehicles) for a specified period. Tolls collected shall not be used for any purpose other than repaying the loan or pooled resources.
The scope of and period for which tolls are charged shall be determined by the people's government of the local province, autonomous region or municipality directly under the central government.

Chapter III Maintenance and Repairs

Article 20 With regard to urban roads built under its own arrangements or under its own administration, the administrative department for municipal engineering shall, in the light of the grades and number of urban roads, as well as maintenance and repair quotas, carry out annual checks on and approve the expenditure for maintenance and repairs, and arrange maintenance and repair funds in a unified manner.

Article 21 Organizations that maintain and repair urban roads shall strictly implement the technical standards for urban road maintenance and repairs, regularly maintain and repair urban roads, and ensure the quality of maintenance and repair work.
The administrative department for municipal engineering shall supervise and inspect the quality of maintenance and repair work, and shall ensure that urban roads remain in good condition.

Article 22 The maintenance and repair of urban roads built under the arrangements and subject to the administration of the administrative department for municipal engineering shall be entrusted to urban road maintenance and repair organizations by said department. Urban roads built with organizational funding and under the control of the same organization shall be maintained and repaired by the construction organization or its agent. Roads in residential communities and development zones shall be maintained and repaired by the construction organization or its agent.

Article 23 Inspection chambers, manhole covers or other ancillary facilities attached to the pipes and lines of urban roads shall meet urban road maintenance standards. In the event of any loss or damage that may adversely influence traffic and safety, the relevant organizations with ownership of such facilities shall supply new facilities or repair damaged facilities without delay.

Article 24 Urban road maintenance and repair work shall be completed within a specified period. Prominent signs and protective devices shall be used at maintenance and repair sites to ensure the safety of passing pedestrians and vehicles.

Article 25 Special vehicles used for urban road maintenance and repair shall have common markings attached. While work is in progress, no such vehicle shall be subject to route or directional restrictions provided safety is assured and the road is clear.

Chapter IV Roading Administration

Article 26 In the course of their duties, administrative department for municipal engineering personnel with roading administrative duties shall wear a badge and carry the relevant certificate in accordance with relevant provisions.

Article 27 The following types of conduct are forbidden on urban roads:
1. Occupying or digging up an urban road without authorization;
2. Driving a caterpillar tractor, an iron-wheel tractor or trailer, or a vehicle that exceeds weight, height or length restrictions on an urban road without authorization;
3. Testing motor vehicle brakes on a bridge or non-designated urban road;
4. Constructing a building or structure on an urban road without authorization;
5. Installing gas pipes with a pressure of 4 kilograms/cm2 (0.4 mega pascals) or above, electrical wires with a high voltage 10 kilovolts or more, or other inflammable or explosive pipes or lines on a bridge;
6. Installing a billboard or other suspended article on a bridge or street lamp without authorization;
7. Any other conduct that involves damage to or the occupation of an urban road.

Article 28 Where it is necessary to drive a caterpillar tractor, iron-wheel tractor or trailer, or a vehicle that exceeds weight, height or length restrictions on an urban road, approval shall be obtained in advance from the administrative department for municipal engineering. Such vehicle shall be driven at the time and along the route designated by the administrative department of public security and communications.
Military vehicles which have to be driven on an urban road in the course of work duties shall not be subject to the restriction specified in the preceding paragraph. However, safety and protective measures shall be taken in accordance with applicable provisions.

Article 29 No facility such as a pipe, line or pole shall be constructed alongside an urban road without first obtaining approval from the administrative department for municipal engineering.

Article 30 No organization or individual shall occupy or dig up an urban road without first obtaining approval from the administrative department for municipal engineering and the administrative department for public security and communications.

Article 31 Where it is necessary to occupy an urban road temporarily under special circumstances, approval shall be obtained from the administrative department for municipal engineering and the administrative department for public security and communications.
The urban road may be occupied in accordance with applicable provisions only after such approval has been obtained. Any party given approval to occupy an urban road temporarily shall not damage the urban road and shall, after the period of occupation has expired, clean up the occupied site without delay and restore the urban road to its previous state. Any party who damages an urban road shall be liable to repair such damage or pay compensation.

Article 32 The municipal people's governments shall strictly control trade markets held on urban roads.

Article 33 Where it is necessary to dig up an urban road for engineering purposes, the relevant party shall go through the examination and approval formalities with the administrative department for municipal engineering and the administrative department for public security and communications on the strength of the approval documents issued by the city planning department and relevant design papers. The urban road concerned may only be dug up in accordance with applicable provisions with the approval of the administrative department for municipal engineering and the administrative department for public security and communications.
No new, widened or rebuilt urban road shall be dug up within five years of being put into service; no urban road that has undergone major repairs shall be dug up within three years of the completion of such repairs. Where it is necessary to dig up an urban road under special circumstances, approval shall be obtained from the municipal people's government at or above the county level.

Article 34 Where a pipe or line buried underneath an urban road malfunctions and requires emergency repairs, the urban road may be dug up on the condition that the administrative department for municipal engineering and the administrative department for public security and communications are notified immediately and approval formalities are gone through within 24 hours in accordance with applicable provisions.

Article 35 Any party given approval to dig up an urban road shall place prominent signs and protective devices at the road works site and, after completing such work, clean up the site without delay and notify the administrative department for municipal engineering that an inspection can be carried out.

Article 36 Any party given approval to occupy or dig up an urban road shall do so in accordance with the location, land area and period specified. Where it is necessary to change the location or extend the land area or period, the relevant party shall go through the variation approval formalities in advance.

Article 37 Any party that occupies or digs up an urban road subject to the oversight of the administrative department for municipal engineering shall pay an urban road occupation or road works fee to said department.
The charging standards for urban road occupation fees shall be formulated by the administrative department for construction of the people's government of the province or autonomous region or by the administrative department for municipal engineering of the people's government of the municipality directly under the central government, which shall be submitted to the departments of finance and price control at the same level for verification and approval; the charging standards for urban road works fees shall be formulated by the administrative department for construction of the people's government of the province or autonomous region or by the administrative department for municipal engineering of the people's government of the municipality directly under the central government, which shall be submitted to the departments of finance and price control at the same level for the record.

Article 38 The administrative department for municipal engineering may, in the light of municipal construction requirements or other special needs, make decisions with regard to the temporary occupation of urban roads by organizations or individuals to reduce the size of the area occupied, shorten the period of occupation, or bring an end to the occupation, and may reimburse a portion of the urban road occupation fee paid in light of the actual situation.

Chapter V Penalty Provisions

Article 39 In respect of any conduct described below in violation of these provisions, the administrative department for municipal engineering shall order the parties involved to suspend the design or construction and take remedial action within a prescribed period, and may impose a fine of up to CNY 30,000. Where the circumstances are serious, for any party that has obtained a design or construction qualification, said administrative department may request that the department that issued such qualification revoke the same:
1. Undertaking to design or build an urban road without having the appropriate design or construction qualification;
2. Failure to design or build an urban road in accordance with the technical standards for design or construction;
3. Failure to undertake construction in accordance with design drawings or altering design drawings without authorization.

Article 40 In respect of any violation of Article 17 hereof involving the unauthorized use of an urban road which has not been inspected or which has failed an inspection, the administrative department for municipal engineering shall order the party involved to take remedial action within a specified period, issue a warning, and may impose a fine of up to two percent of the cost of the work.

Article 41 In the event that an organization undertaking the maintenance and repair of urban roads violates the provisions hereof by failing to maintain and repair urban roads or failing to complete such work within the prescribed period, and refuses to accept the supervision of the administrative department for municipal engineering, said department shall order such organization to take remedial action within a specified period, issue a warning, and impose a disciplinary sanction on the person in charge directly responsible and any other person directly responsible.

Article 42 In respect of any violation of Article 27 hereof or any conduct described below, the administrative department for municipal engineering or other relevant department shall order the relevant party to take remedial action within a specified period and may impose a fine of up to CNY 20,000. The party responsible shall be liable to give an indemnity for any loss or damage:
1. Failure to supply a missing or repair a damaged inspection chamber, manhole cover, or other ancillary facility attached to the pipes or lines of an urban road;
2. Failure to place prominent signs or protective devices at an urban road works site;
3. Failure to clean up an urban road after occupying it or digging it up;
4. Failure to go through the approval formalities for the installation of any facility such as pipes, lines or poles built alongside an urban road;
5. Failure to go through the approval formalities for emergency repairs to pipes or lines buried underneath an urban road in accordance with applicable provisions; or
6. Failure to occupy or dig up an urban road in accordance with the location, land area or period specified, or failure to go through the variation approval formalities in advance before changing the location or extending the land area or period.

Article 43 For any violation of these provisions that constitutes a crime, the party responsible shall be held criminally liable by the judicial authority. For any violation that does not constitute a crime but is subject to an administrative penalty, a penalty shall be imposed in accordance with the provisions of the Law on the Penalties for the Violation of Public Security Administration.

Article 44 Any staff member of the administrative department for municipal engineering who commits a crime involving the neglect of duties, abuse of power, or engaging in malpractice for private gain, shall be held criminally liable; where the circumstances are not serious enough to constitute a crime, a disciplinary sanction shall be imposed in accordance with applicable laws and regulations.

Chapter VI Supplementary Provisions

Article 45 These Regulations shall come into force on October 1, 1996.