Laws of the Shanghai Province

(Promulgated on March 5, 2002 by Decree No. 116 of the Shanghai Municipal People's Government)

Article 1 (Purpose and Basis)

For the purpose of strengthening the administration of the round-the-city greenbelt and of protecting and improving the ecological environment, the present Procedures are formulated in accordance with "Procedures of Shanghai Municipality on the Administration of Tree-planting, Afforestation and Greening" and relevant laws and regulations with consideration to the actual situations in the Municipality.

Article 2 (Definition of the Round-the-city Greenbelt)

The round-the-city greenbelt mentioned in the present Procedures refers to the land used for greening of a certain width on both sides along the outer ring roads as defined in the city planning. The specific areas shall be delimited by the Municipal City Planning Bureau together with the Municipal Greening Administration.

Article 3 (Scope of Application)

The present Procedures apply to the planning, construction and maintenance of the round-the-city greenbelt and related administrative activities.

Article 4 (Principle of Construction and Administration)

The construction and administration of the round-the-city greenbelt shall follow the principle of unified planning, unified plan, centralized controlling and graded administration.

Article 5 (Administrative Department)

Shanghai Municipal Greening Administration (hereinafter referred to as MGA) is the municipal competent administrative department of greening in charge of the administration of the round-the-city greenbelt; Shanghai Municipal Construction and Administration Division of the Round-the city Greenbelt (hereinafter referred to as MGBCAD) shall be responsible for the specific administration of the round-the-city greenbelt.

The relevant district administrative department of greening and the administrative department of Pudong New Area in charge of the greenbelt (hereinafter referred to as DGAD) shall be responsible for the administration of the round-the-city greenbelt within their respective administrative area, doing professional work under the guidance and supervision of the MGA.

The municipal departments of planning, plan, agriculture and forestry, construction, land, water-related affairs, municipal administration, city appearance, environmental sanitation, etc. shall coordinate in the implementation of the present Procedures according to their respective duties.

Article 6 (Planning and Plan of the Greenbelt)

The planning of the round-the-city greenbelt shall be formulated by the Municipal City Planning Bureau together with the MGA, the Municipal Agriculture and Forestry Bureau and relevant departments in accordance with the municipality's over-all planning of urban development, and shall be implemented after the approval of the Municipal Government.

The MGA shall formulate the construction plan of the round-the-city greenbelt according to the planning of the round-the-city greenbelt.

The MGBCAD and DGAD shall, together with relevant departments, formulate the construction program of the round-the-city greenbelt in their respective administrative area according to the construction plan of the round-the-city greenbelt and the requirement of their assigned work, and organize into implementation.

Article 7 (Adjustment of Planning)

In case the planning of the round-the-city greenbelt need to be adjusted owing to the construction of urban infrastructure, the Municipal City Planning Bureau shall solicit the opinion of the MGA, and then submit the adjustment to the original approval organ for examination and approval.

Article 8 (Examination and Approval of Planning of Construction Projects)

The opinions on site-selection, the application for planning of land used for construction and the application for planning of construction projects in the area of the round-the-city greenbelt shall be examined and approved by the Municipal City Planning Bureau.

The Municipal City Planning Bureau shall solicit the opinion of the MGA before the approval of the permit for construction project planning. In case of the adjustment of the industrial structure of agriculture being involved, the Municipal City Planning Bureau shall also solicit the opinions of the Municipal Agriculture and Forestry Bureau.

Article 9 (Land for Greenbelt)

Land for the construction of the round-the-city greenbelt shall be obtained through requisition of the collective-owned land.

Before requisition, land for the round-the-city greenbelt may be handled in the following ways in accordance with the plan for the industrial structure adjustment of agriculture formulated by the Municipal Agriculture and Forestry Bureau together with the MGA:

1. Construction by way of cooperation in the land-use-right of the collective-owned land;

2. In case the original land use fits the function of the round-the-city greenbelt, the user may continue to use the land; and

3. In case the original land use does not fit the function of the round-the-city greenbelt, it shall be adjusted according to the plan for the industrial structure adjustment of agriculture, and shall be reasonably compensated by the municipal or the district government. The specific mode and standard of compensation shall be formulated by the MGA together with the Municipal Agriculture and Forestry Bureau.

In case the construction of the greenbelt is carried out by way of cooperation or the industrial structure adjustment of agriculture as stipulated in the previous Paragraph, the construction unit shall sign a contract in writing with the land user.

Article 10 (Handling of Original Construction Projects)

The completed project with the approval of the planning or land administrative departments before the approval of the round-the-city greenbelt planning may be preserved; in case it really needs to be scrapped, appropriate compensation shall be made according to relevant regulations.

The project that is being constructed with the approval of the planning or land administrative departments before the approval of the round-the-city greenbelt planning may be handled by adjusting the planning design; the loss caused by the adjustment of the planning design or the scrapping of the project shall be appropriately compensated.

The project pending construction with the approval of the planning or land administrative department before the approval of the round-the-city greenbelt planning shall return or change the land; the loss caused by the return or change of the land shall be appropriately compensated. In case the land has been laid idle for over two years, the land administrative department may, according to law, take it back gratis with the approval of the municipal or district government.

The illegal buildings without the planning approval, or the approval of the Municipal City Planning Bureau after the approval of the round-the-city greenbelt planning shall be handled according to the relevant provisions of the "Regulations of Shanghai Municipality on City Planning".

Article 11 (Construction and Maintenance Funds)

The sources of the fund for the construction and maintenance of the round-the-city greenbelt include:

1. The fund arranged by the municipal and district governments;

2. Policy loans of the State or loans from national and international financial organs; and

3. The fund raised by other means as permitted by the State.

The maintenance fee of the round-the-city greenbelt shall be checked and allotted by the district finance department according to the quantity of greening and the maintenance quota. Among them, the maintenance fee of the greening development projects invested by units or individuals shall be secured by the investors.

Units and individuals are encouraged to participate in the construction and maintenance of the round-the-city greenbelt in the forms of investment, donation, adoption, etc..

Article 12 (Preferential Policy)

The units and individual who contributes in the investment, construction and maintenance of the round-the-city greenbelt may enjoy the corresponding preferential policy according to relevant regulations. The specific regulations shall be separately formulated by the Municipal Government.

Article 13 (Construction of Greenbelt)

The MGA shall formulate the standard of the construction of the round-the-city greenbelt according to the requirements of the round-the-city greenbelt planning.

The construction unit of the round-the-city greenbelt shall carry out the construction work according to the standard of the construction of the round-the-city greenbelt.

Article 14 (Determination of Construction and Maintenance Units)

The construction and maintenance of the following public green lungs along the round-the-city greenbelt shall be contracted out through bids invitation:

1. The construction project using totally or partially the investment with the State fund or the State finance;

2. The construction project using the loans or aids from international organizations or foreign governments; and

3. Other projects stipulated by laws and the State Council.

Article 15 (Maintenance Standard of Greening)

The MGA shall formulate the technical standard for the maintenance of the round-the-city greenbelt in accordance with the general requirements of the round-the-city greenbelt construction.

The maintenance unit shall undertake the maintenance according to the technical standard for the maintenance of the round-the-city greenbelt.

Article 16 (Protection of the Round-the-city Greenbelt)

No unit or individual is allowed to occupy, lease or use for other purposes the completed round-the-city greenbelt without authorization.

In case the completed greenbelt really needs to be occupied (requisitioned) or the land for the round-the-city greenbelt really needs to be temporarily used, the matter shall be handled according to the provisions of the "Procedures of Shanghai Municipality on the Administration of Tree-planting, Afforestation and Greening".

Article 17 (Change to Trees)

The renewal, transplanting or layout adjustment of the trees within the round-the-city greenbelt shall go through the examination and approval procedures according to the provisions of the "Procedures of Shanghai Municipality on Administration of Tree-planting, Afforestation and Greening" with the exception of the trees within the areas for the adjustment of the agriculture industrial structure.

Article 18 (Installation of Facilities)

In the case of installation of facilities for public works, environmental sanitation, electricity supply, telecommunication and other purposes, the planning administrative department shall solicit the opinions of the MGA when examining and approving the permit for the construction project planning.

The construction unit must not damage the greening and its facilities in the installation of facilities.

Article 19 (Forbidden Acts)

Fishing, hunting and other acts that may damage the greening or its facilities are forbidden.

Article 20 (Punishment)

Acts that violate the present Procedures shall be punished according to the following provisions:

1. Acts that violate the provisions of Clause 2 of Article 13, Clause 2 of Article 15, Article 16 and Article 17 in the present Procedures shall be punished by the municipal or district greening administrative departments according to the relevant provisions of the "Procedures of Shanghai Municipality on the Administration of Tree-planting, Afforestation and Greening";

2. Anyone who in violation of the provisions of Clause 2 of Article 18 in the present Procedures, damage the greening or its facilities shall be ordered to pay a compensation for loss by the MGA, DGAD or the Greening Supervision and Inspection Organ, and may be fined 20 yuan to 500 yuan. In serious case, a fine of 500 yuan to 5,000 yuan may be imposed; and

3. Fishing, hunting and other acts that damage the greening and its facilities in violation of the provisions of Article 19 in the present Procedures, shall be subject to a fine of 20 yuan to 500 yuan imposed by the MGA, DGAD or the Greening Supervision and Inspection Organ.

Article 21 (Prosecution of Illegal Acts of the Administrative Personnel)

The relevant administrative personnel who commit acts like abuse of power, negligence of duty, asking for and taking bribery or malpractice for personal gains shall be given administrative sanction by the unit where they work or the superior competent department; in case of the act constituting a crime, the person(s) concerned shall be prosecuted for criminal liabilities according to law.

Article 22 (Reconsideration and Litigation)

In case the party concerned does not accept the specific administrative act exercised by the relevant administrative department or the Greening Supervision and Inspection Organ, it may apply for an administrative reconsideration or bring an administrative litigation according to the "Administrative Reconsideration Law of the People's Republic of China" or the "Administrative Litigation Law of the People's Republic of China".

Article 23 (Effective Date)

The present Procedures shall become effective on June 1, 2002.