Promulgated on July 22, 1947
Effective from January 28, 1965
As amended on April 24, 2002; January 7, 2004
Effective from January 7, 2005
The construction, improvement, maintenance, use, management and raising of fund for the urban road shall be in accordance with this Act. Other laws shall apply in the case that it is net specified in this Statute.
The following roads are specified as urban roads:
1.All the roads which are within the urban planning region.
2.All the roads which are within the special municipality and provincial municipality, and which are outside the urban planning region.
3.All the roads which are within the population settlement approved by the central government provincial authority.
The following are specified as accessory works of urban road:
1.The ferry, bridge, and tunnel which connect roads.
2.The drainage, guard, tunnel, curbstone, railing stone, soil shield, street lamp, and other street furniture of the road.
3.The backing lot, parking lot, Safety Island and street trees.
4.The other accessory works approved by the competent authority.
The Ministry of Interior in the Central Government, the municipal government in special municipality, and the county (city) government in county (city) shall be the competent authority of the urban road.
The construction, improvement and maintenance of the urban road within the jurisdiction of the county (bureau) may be managed by the relevant township administrative office.
The system and width of urban road shall be constructed according to the urban plan. In case of no urban plan, a road system map in which the road width is shown shall be drafted in accordance with the standard of urban road design as provided in Article 32 of this Statute, and in keeping with the local needs and possible development. Together with the construction project, the map shall be reported to the higher authority in charge of urban road for approval before its promulgation for implementation.
The agency in charge of building shall fix the front lot line of the building after the promulgation of the abovementioned road system map.
When the urban road is built, the accessory works specified in Article 3 shall be included on an as required basis in the construction project for construction at the same time.
When the urban road construction project is prepared, coordination shall be made in advance with the authorities-in-charge of the enterprises of sewerage, tap water, power supply, post office, telecommunication, gas, ditch, dike, railroad crossing, and bus stop which must be installed within the scope of road. After the approval of the construction project, the facilities to be constructed within the scope of roads by the abovementioned enterprises shall be constructed in keeping with the road construction project.
The arcade ground level of the buildings on both sides of urban road shall be built be built according to the standard of construction and shall be flush with the ground level of adjacent arcade. The arcade which has been built by the competent authority, and the cost may be collected from the owner.
The land required for urban road may be expropriated according to the law.
When the road construction project is prepared, the dismantlement, relocation and compensation affairs of the original buildings constituting an obstacle within the scope of land for urban road shall be planned at the same time. The owner of it shall be notified to dismantle or relocate it within a time limit after the building project is affirmed and promulgated. This may be enforced by the responsible authorities in place of the owner when necessary.
The abovementioned time limit shall not be less than three months.
In consideration of the necessity of traffic flow and safety, the urban road authority, in coordination with the relevant authority, shall build elevated crossing whenever possible at the intersection of two main road or at the crossing of highway and railroad.
It shall be paved in full width once for all when making improvement of urban road which has a width of less than 15 meters.
If the planned width of urban road is too wide to be completed once for all, the competent authority shall formulate a phase-in project and report it to the superior authority for approval. The original road shall be widened gradually if its width is inconsistent with provisions.
During the period of road construction, the passage of the vehicle and pedestrian may be restricted or changed to another road.
The abovementioned period shall be announced and shall not be lengthened. Any extension of the period, if necessary, shall also be announced if the construction can not be completed as schedule because of special reasons.
Except the road, its accessory works and the necessary facilities as specified in the scope of the land for road use. Coercive dismantlement shall be enforced and the owner shall be punished according to Article 33 if any building is built without permission.
The route of highway shall avoid to go through the downtown area wherever possible. If it is necessary to go through the downtown area and include a part of the urban road into highway system, the route and width shall be determined by the highway authority in consultation with the urban road authority at the same level and reported to the superior authority for approval.
The construction design standard of the urban roads which are defined as a part of highway system as prescribed in the preceding article shall be determined by the highway authority in coordination with the urban road authority at same level according to the provisions of the urban plan or urban road authority; and this standard shall not be below the construction design standard of the highway route. If the construction standard of the highway is higher than that of the urban road as a result of the change of design, the route of the highway system shall be changed or bypass the urban area.
The ferry, bridge or tunnel of urban road which bestrides two administrative districts shall be managed jointly be both competent authorities or by one of them as designated by the superior authority.
The ditch, dike and other relevant buildings which are interdependent with the urban road shall be managed by the authority to which such facilities have greater utility after consultation among authorities concerned about the utility.
In order to meet special needs, the Ministry of Interior may, after consultation with authorities concerned, require the original responsible authority to deliver a part or all of the urban road to other authorities for management. When such needs no longer exist, the roads still shall be landed over to the original authority for management.
In building or improving the urban road according to this Statute, the benefit assessment may be collected in accordance with the Statute of Benefit Assessment Collection.
The fund for building, improving and maintaining the urban rod shall be raised from the following sources:
1.The annual budget compiled by each responsible authority or each township office.
2.The benefit assessment collected according to the law.
3.The using fees of car fuel.
4.The donation by private person or organization.
5.The subsidy of the superior authority.
6.Other fund approved by the central or provincial authority.
7.The abovementioned fuel using fees shall be collected by the highway authority, and the ration of their distribution shall be determined by provincial or municipal government according to the maintenance and actual needs and reported to the Ministry of Interior for approval in consultation with the Ministry of Communications.
The construction urban road and its budget shall be presented to the assembly at the corresponding level for ratification.
The construction, improvement and maintenance project of the urban road which has been included into the highway system, shall be prepared by the highway authority in coordination with the urban road authority, and funds for the project shall be shared by them.
In addition to the provisions of Article 23, the funds required for the construction, improvement and maintenance of the urban road and the funds required for the construction of any addition, extension, or annex shall be borne jointly by the local authority and co-using authority or private organization or by a single party as agreed if the road is used jointly with the other authority or private organization.
If the road is damaged owing to the construction of other works, the authority or the owner of the said words shall repairs it immediately and completely. If it is necessary to damaged the road, permission shall be obtained from the road authority in advance.
When necessary, the urban road authority may restrict the use of the road.
The residents in the vicinity of the urban road shall be under and obligation to assist in the maintenance and keep the cleanness of the road.
After approval by the superior urban road authority, the municipal government and city (county) government (bureau) may establish a construction agency to manage the affairs of constructions, improvement and maintenance of the road constantly.
The municipal or county (city) government shall compile a report of the road administration and construction condition of the preceding fiscal year within its jurisdiction within two months after the end of each fiscal year to the Ministry of Interior for record.
The regulations of urban road management and the standards of urban road construction design shall be developed by the municipal or county (city) government according to the pedestrians and reported to the Ministry of Interior for record.
Whoever violates the provisions of Article 16 and Article 27 shall be imposed with a fine of not more the 600 yuans by the competent authority according to the circumstances.
This Act shall be effective from the date of its promulgation.