| Regulations on Scenic and Historic Areas | | 风景名胜区条例 |
| (Promulgated by Order No. 474 of the State Council of the People's Republic of China on September 19, 2006; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016) | | （2006年9月19日中华人民共和国国务院令第474号公布 根据2016年2月6日《国务院关于修改部分行政法规的决定》修订） |
| Chapter I General Provisions | | 第一章 总 则 |
| Article 1 These Regulations are formulated for the purpose of strengthening administration of scenic and historic areas and effectively protecting and rationally utilizing scenic and historic resources. | | |
| Article 2 These Regulations apply to the establishment, planning, protection, utilization and administration of scenic and historic areas. | | 第一条 为了加强对风景名胜区的管理，有效保护和合理利用风景名胜资源，制定本条例。 |
| The term “scenic and historic area” in these Regulations means an area that has aesthetic, cultural or scientific value, a concentration of natural and anthropological sites, a beautiful environment and is suitable for tourism or for scientific and cultural activities. | | |
| Article 3 The State adheres to a principle of scientific planning, overall administration, strict protection and sustainable utilization of scenic and historic areas. | | 第二条 风景名胜区的设立、规划、保护、利用和管理，适用本条例。 |
| Article 4 An administrative agency for a scenic and historic area, which is established by a local people's government at or above the county level in the place where die scenic and historic area is located, shall be responsible for protection, utilization and overall administration of the said scenic and historic area. | | 本条例所称风景名胜区，是指具有观赏、文化或者科学价值，自然景观、人文景观比较集中，环境优美，可供人们游览或者进行科学、文化活动的区域。 |
| Article 5 The competent construction department of the State Council shall be responsible for supervision and administration of scenic and historic areas throughout the country. Other relevant departments of the State Council shall, according to their respective functions and duties as specified by the State Council, be responsible for related aspects of supervision and administration of scenic and historic areas. | | |
| The competent construction departments of the people's governments of provinces and autonomous regions and the competent departments for scenic and historic areas of municipalities directly under the Central Government shall be responsible for supervision and administration of scenic and historic areas within their respective administrative areas. Other relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to their specific functions and duties, be responsible for related aspects of supervision and administration of scenic and historic areas. | | 第三条 国家对风景名胜区实行科学规划、统一管理、严格保护、永续利用的原则。 |
| Article 6 All organizations and individuals shall have the obligation to protect scenic and historic resources and have the right to stop and expose the acts of damaging such resources. | | |
| Chapter II Establishment | | 第四条 风景名胜区所在地县级以上地方人民政府设置的风景名胜区管理机构，负责风景名胜区的保护、利用和统一管理工作。 |
| Article 7 Scenic and historic areas shall be established in order to aid in the protection and rational utilization of scenic and historic resources. | | |
| A new scenic and historic area shall not overlap or intersect a nature reserve; where an established scenic and historic area overlaps or intersects a nature reserve, planning for the scenic and historic area shall be in harmony with that for the nature reserve. | | 第五条 国务院建设主管部门负责全国风景名胜区的监督管理工作。国务院其他有关部门按照国务院规定的职责分工，负责风景名胜区的有关监督管理工作。 |
| Article 8 Scenic and historic areas are classed as national or provincial. | | 省、自治区人民政府建设主管部门和直辖市人民政府风景名胜区主管部门，负责本行政区域内风景名胜区的监督管理工作。省、自治区、直辖市人民政府其他有关部门按照规定的职责分工，负责风景名胜区的有关监督管理工作。 |
| If a natural or anthropological site is a good example of a major natural vicissitude or important historic and cultural development, is still basically in a natural or original historic state and is representative of the country, application may be made to establish it as a national scenic and historic area; if it is representative locally, application may be made to establish it as a provincial scenic and historic area. | | |
| Article 9 An application for establishment of a scenic and historic area shall be submitted with the following information: | | 第六条 任何单位和个人都有保护风景名胜资源的义务，并有权制止、检举破坏风景名胜资源的行为。 |
| (1) background information on the scenic and historic resources; | | 第二章 设 立 |
| (2) outlines of the scenic and historic area to be established and outlines of its core area; | | |
| (3) the character of the scenic and historic area to be established and the target of protection; | | 第七条 设立风景名胜区，应当有利于保护和合理利用风景名胜资源。 |
| (4) conditions in the scenic and historic area to be established suitable for tourism; and | | 新设立的风景名胜区与自然保护区不得重合或者交叉；已设立的风景名胜区与自然保护区重合或者交叉的，风景名胜区规划与自然保护区规划应当相协调。 |
| (5) content and result of consultation with the owners and users of the land, forests or other natural resources, and of buildings or other property in the scenic and historic area to be established. | | |
| Article 10 To establish a national scenic and historic area, the people's government of the province, autonomous region or municipality directly under the Central Government shall submit an application, and the competent construction department of the State Council shall, jointly with the competent departments for environmental protection, forestry, cultural relics and other relevant departments of the State Council, hold an appraisal, form an opinion after its examination and submit the result to the State Council for approval and announcement. | | 第八条 风景名胜区划分为国家级风景名胜区和省级风景名胜区。 |
| To establish a provincial scenic and historic area, the people's government at the county level shall submit an application, and the competent construction department of the people's government of the province or autonomous region, or the competent department for scenic and historic areas of the municipality directly under the Central Government shall, jointly with other relevant departments, hold an appraisal, form an opinion after its examination and submit the result to the people's government of the province, autonomous region or municipality directly under the Central Government for approval and announcement. | | 自然景观和人文景观能够反映重要自然变化过程和重大历史文化发展过程，基本处于自然状态或者保持历史原貌，具有国家代表性的，可以申请设立国家级风景名胜区；具有区域代表性的，可以申请设立省级风景名胜区。 |
| Article 11 The lawful rights and interests of the owners and users of the land, forests or other natural resources, and of buildings or other property in a scenic and historic area shall be protected by law. | | |
| The people's government that applies for establishment of a scenic and historic area shall fully consult with the owners and users of the land, forests or other natural resources, or of buildings or other property in the scenic and historic area before submitting the application for examination and approval. | | 第九条 申请设立风景名胜区应当提交包含下列内容的有关材料： |
| Where the establishment of a scenic and historic area results in loss to the owners or users of the land, forests or other natural resources, or of buildings or other property in the scenic and historic area , compensation shall be paid in accordance with law. | | （一）风景名胜资源的基本状况； |
| Chapter III Planning | | （二）拟设立风景名胜区的范围以及核心景区的范围； |
| Article 12 Planning for a scenic and historic area includes the master plan and detailed plan. | | （三）拟设立风景名胜区的性质和保护目标； |
| Article 13 The master plan for a scenic and historic area shall take into account the requirement to maintain harmony between human society and nature, to balance development among different regions of the country and to promote comprehensive economic and social progress, adhere to a principle of putting protection first and development second, and make the natural characteristics, cultural significance and local characteristics of the scenic and historic resources stand out. | | （四）拟设立风景名胜区的游览条件； |
| The master plan for a scenic and historic area shall include the following: | | （五）与拟设立风景名胜区内的土地、森林等自然资源和房屋等财产的所有权人、使用权人协商的内容和结果。 |
| (1) assessment of the scenic resources; | | |
| (2) measures for protecting ecological resources, layout of major construction projects and development or utilization intensity; | | 第十条 设立国家级风景名胜区，由省、自治区、直辖市人民政府提出申请，国务院建设主管部门会同国务院环境保护主管部门、林业主管部门、文物主管部门等有关部门组织论证，提出审查意见，报国务院批准公布。 |
| (3) functional framework and dimensions of the scenic and historic area; | | 设立省级风景名胜区，由县级人民政府提出申请，省、自治区人民政府建设主管部门或者直辖市人民政府风景名胜区主管部门，会同其他有关部门组织论证，提出审查意见，报省、自治区、直辖市人民政府批准公布。 |
| (4) the outlines of the area where development is to be prohibited or limited; | | |
| (5) tourism capacity of the scenic and historic area; and | | 第十一条 风景名胜区内的土地、森林等自然资源和房屋等财产的所有权人、使用权人的合法权益受法律保护。 |
| (6) relevant plans for special items. | | 申请设立风景名胜区的人民政府应当在报请审批前，与风景名胜区内的土地、森林等自然资源和房屋等财产的所有权人、使用权人充分协商。 |
| Article 14 A master plan shall be formulated within two years from the date of establishment of a scenic and historic area. The term of the master plan shall generally be 20 years. | | 因设立风景名胜区对风景名胜区内的土地、森林等自然资源和房屋等财产的所有权人、使用权人造成损失的，应当依法给予补偿。 |
| Article 15 The detailed plan for a scenic and historic area shall be formulated to meet the different requirements of its core area and other areas, specify the site, layout and scale for construction projects such as infrastructure, tourist facilities and cultural facilities and define the outlines of the land needed for construction and its design conditions. | | 第三章 规 划 |
| The detailed plan for a scenic and historic area shall be in conformity with its master plan. | | |
| Article 16 The making of the planning for national scenic and historic areas shall be organized by the competent construction departments of the people's governments of provinces or autonomous regions, or by the competent departments for scenic and historic areas of the people's governments of municipalities directly under the Central Government. | | 第十二条 风景名胜区规划分为总体规划和详细规划。 |
| The making of the planning for provincial scenic and historic areas shall be organized by the people's governments at the county level. | | |
| Article 17 The planning for scenic and historic areas shall be made by organizations with the corresponding grade of qualifications, which shall be selected through fair competition such as public bidding. | | 第十三条 风景名胜区总体规划的编制，应当体现人与自然和谐相处、区域协调发展和经济社会全面进步的要求，坚持保护优先、开发服从保护的原则，突出风景名胜资源的自然特性、文化内涵和地方特色。 |
| The planning for a scenic and historic area shall be made in the light of the examined and approved outlines, character and target of protection of the scenic and historic area and in accordance with relevant laws, regulations and technical criteria of the State. | | 风景名胜区总体规划应当包括下列内容： |
| Article 18 In making the planning for a scenic and historic area, opinions shall be fully solicited from relevant departments, the general public and experts, and a hearing shall be held when necessary. | | （一）风景资源评价； |
| The materials concerning the planning for a scenic and historic area to be submitted for examination and approval shall include the opinions of all circles of society, circumstances about adoption of such opinions and reasons for not adopting some opinions. | | （二）生态资源保护措施、重大建设项目布局、开发利用强度； |
| Article 19 The master plans for national scenic and historic areas shall, after examination by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, be submitted to the State Council for examination and approval. | | （三）风景名胜区的功能结构和空间布局； |
| The detailed plans for national scenic and historic areas shall be submitted by the competent construction departments of the people's governments of provinces or autonomous regions, or by the competent departments for scenic and historic areas of the people's governments of municipalities directly under the Central Government to the competent construction department of the State Council for examination and approval. | | （四）禁止开发和限制开发的范围； |
| Article 20 The master plans for provincial scenic and historic areas shall be subject to examination and approval by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government and shall be submitted to the competent construction department of the State Council for the record. | | （五）风景名胜区的游客容量； |
| The detailed plans for provincial scenic and historic areas shall be subject to examination and approval by the competent construction departments of the people's governments of provinces or autonomous regions, or by the competent departments for scenic and historic areas of the people's governments of municipalities directly under the Central Government. | | （六）有关专项规划。 |
| Article 21 The planning for scenic and historic areas shall be announced to the public after being approved, and all organizations and individuals shall have the right to look through the planning. | | |
| All organizations or individuals within a scenic and historic area shall abide by the approved planning for the scenic and historic area and be subject to the requirements of the planning. | | 第十四条 风景名胜区应当自设立之日起2年内编制完成总体规划。总体规划的规划期一般为20年。 |
| No construction activities shall take place in a scenic and historic area until the planning for the scenic and historic area has been approved. | | |
| Article 22 The approved planning for a scenic and historic area shall not be changed without authorization. Any changes that need to be made in the outlines, character, target of protection, measures for protecting ecological resources, layout of major construction projects, development 6r utilization intensity, or the functional framework, dimensions, tourism capacity of a scenic and historic area as defined in its master plan shall be submitted for approval to the department that originally examined and approved the plan; if other contents of such a plan need to be changed, the changes shall be submitted for the record to the department that originally examined and approved the plan. | | 第十五条 风景名胜区详细规划应当根据核心景区和其他景区的不同要求编制，确定基础设施、旅游设施、文化设施等建设项目的选址、布局与规模，并明确建设用地范围和规划设计条件。 |
| Any changes that need to be made in the detailed plan for a scenic and historic area shall be submitted for approval to the department that originally examined and approved the plan. | | 风景名胜区详细规划，应当符合风景名胜区总体规划。 |
| If changes made by a government or any of its departments in the planning for a scenic and historic area result in loss to the property of a citizen, legal person or any other organization, compensation shall be paid in accordance with law. | | |
| Article 23 Two years prior to the expiration of the term of the master plan for a scenic and historic area, the department that organized the making of the plan shall organize experts to assess the plan and decide whether or not to remake it. The former plan shall remain in effect until a new one is approved. | | 第十六条 国家级风景名胜区规划由省、自治区人民政府建设主管部门或者直辖市人民政府风景名胜区主管部门组织编制。 |
| Chapter IV Protection | | 省级风景名胜区规划由县级人民政府组织编制。 |
| Article 24 The landscape and the natural environment within scenic and historic areas shall be strictly protected in the light of a principle of sustainable development and may not be destroyed or changed without authorization. | | |
| Administrative agencies for scenic and historic areas shall constitute and complete various administrative systems for protection of scenic and historic resources. | | 第十七条 编制风景名胜区规划，应当采用招标等公平竞争的方式选择具有相应资质等级的单位承担。 |
| All inhabitants and tourists within scenic and historic areas shall protect the scenery, waters, forests, grass and other vegetation, wild animals, and all facilities in such areas. | | 风景名胜区规划应当按照经审定的风景名胜区范围、性质和保护目标，依照国家有关法律、法规和技术规范编制。 |
| Article 25 Administrative agencies for scenic and historic areas shall make researches in and appraisals of major landscapes in such areas and shall formulate measures for protection respectively. | | |
| Article 26 Any of the following activities shall be prohibited within a scenic and historic area; | | 第十八条 编制风景名胜区规划，应当广泛征求有关部门、公众和专家的意见；必要时，应当进行听证。 |
| (1) cutting into a mountain, opening a quarry or mine, opening up wasteland, building a tomb or tombstone, or conducting any other activity that would destroy the landscape, vegetation or landforms; | | 风景名胜区规划报送审批的材料应当包括社会各界的意见以及意见采纳的情况和未予采纳的理由。 |
| (2) building a facility to store explosive, combustible, radioactive, poisonous or corrosive substances; | | |
| (3) putting graffiti on the scenery or facilities; or | | 第十九条 国家级风景名胜区的总体规划，由省、自治区、直辖市人民政府审查后，报国务院审批。 |
| (4) littering. | | 国家级风景名胜区的详细规划，由省、自治区人民政府建设主管部门或者直辖市人民政府风景名胜区主管部门报国务院建设主管部门审批。 |
| Article 27 It is prohibited to, in violation of the planning for a scenic and historic area, establish any type of development zones within the scenic and historic area, or construct, within its core area, any hotel, guest house, training center, sanitarium or other buildings not related to protection of the scenic and historic resources; if such buildings have been constructed, they shall be gradually moved out according to the planning for the scenic and historic area. | | |
Article 28 To conduct other construction activities within a scenic and historic area than those prohibited by Articles 26 and 27 of these Regulations, examination and approval formalities shall be undertaken in accordance with the provisions of relevant laws and regulations upon verification by the administrative agency for the scenic and historic area.
．．．．．． | | 第二十条 省级风景名胜区的总体规划，由省、自治区、直辖市人民政府审批，报国务院建设主管部门备案。
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