全国人民代表大会常务委员会关于修改《中华人民共和国公路法》的决定 附：修订本 Decision of the Standing Committee of the National Peoples Co

(Adopted at the 12th Meeting of the Standing Committee of the Ninth National People's Congress on October 31, 1999 and promulgated by Order No. 25 of the President of the People's Republic of China on October 31, 1999)
时效性：已被修正　 颁布日期：19991031 　实施日期：19991031 　失效日期：20040828 　颁布单位：全国人大常委会

　　1. The 12th Meeting of the Standing Committee of the Ninth National People's Congress decided to make following amendment to the (Highway Law of the People's Republic of China):

　　(1) The first paragraph of the Article 21 shall be amended as: " Raising funds for highway construction may ask for loan from domestic and foreign financial organizations according to law, besides financial allocations from people's governments at various level including funds for specified item of highway construction by raise through in accordance with law collecting taxes turned to as allocations."

　　(2) Article 36 shall be amended as: " State adopts the measure of collecting taxes to raise funds for maintenance of highway according to law. The specific measure of implementation and its steps shall be stipulated by State Council."

　　"In accordance with law funds raised by collecting taxes for highway maintenance must be used for specific item of maintaining and reconstructing highway."

　　(3) Article 76 shall be deleted.

　　In accordance with this decision the (Highway Law of the People's Republic of China) shall be amended correspondingly and repromulgated again and effective as of the date of promulgation.

　　2. The State Council shall abolish various unresonable fee collecting, determine rational range of taxes collecting and adopt effective measure to prevent from increasing of burden on peasant, at same time shall prevent from increasing of burden on units who consuming oil not for vehicle, when formulates the measure of implementation for changing fee collecting of highway and vehicle to taxes collecting.

　　Appendex: Highway Law of the People's Republic of China (1999) (Adopted at the 26th Session of the Standing Committee of the Eighth National People's Congress on July 3, 1997 and revised according to the Decision Concerning the Revision of the (Highway Law of the People's Republic of China) adopted at the 12th Meeting of the Standing Committee of the Ninth National People's Congress on October 31, 1999)

　　Contents

　　Chapter I General Provisions

　　Chapter II Highway Planning

　　Chapter III Highway Construction

　　Chapter IV Highway Maintenance

　　Chapter V Highway Administration

　　Chapter VI Toll Highways

　　Chapter VII Supervision and Inspection

　　Chapter VIII Legal Responsibility

　　Chapter IX Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is enacted with a view to enhancing highway construction and administration, promoting the development of highways and meeting the requirements of socialist modernization and people's life.

　　Article 2 This Law shall be applicable in engaging in highway planning,construction, maintenance, operation, use and administration within the territory of the People's Republic of China.

　　The highways referred to in this Law cover highway bridges, highway tunnels and highway ferries.

　　Article 3 Development of highways should follow the principle of overall planning, rational distribution, quality assurance, assurance of unimpeded traffic, environmental protection and laying equal stress on construction, transformation and maintenance.

　　Article 4 People's Governments at all levels should adopt strong measures to foster and promote highway construction. Highway construction should be integrated into the national socio-economic development plan.

　　The State encourages and guides domestic and foreign economic organizations to invest in highway construction and operations in accordance

with law.

　　Article 5 The State assists and fosters national minority regions,remote border regions and poor regions in the development of highway construction.

　　Article 6 Highways are classified as state highways, provincial highways,county highways and village highways in accordance with their respective status in the highway network, and are classified as expressways, grade-one highways, grade-two highways, grade-three highways and grade-four highways in accordance with technical grades. Specific classification standards shall be worked out by the department of communications under the State Council.

　　Construction of new highways should meet the requirements of technical grades. Measures should be taken to gradually transform those previously built highways outside the grades which fail to meet the requirements of the lowest technical grade into highways meeting the requirements of technical grades.

　　Article 7 Highways are under state protection. No unit or individual shall destroy, damage or illegally occupy highways, land for highways and ancillary facilities of highways.

　　Every unit and individual have the obligation to care for highways, land for highways and ancillary facilities of highways, have the right to report and charge acts of destruction and damage of highways, land for highways,ancillary facilities of highways and acts affecting highway safety.

　　Article 8 The department of communications under the State Council is in charge of the work related to highways throughout the country.

　　The departments of communications of local People's Governments above the county level are in charge of the work related to highways within their respective administrative areas; however, the duties and responsibilities of the departments of communications of local People's Governments above the county level in the administration and supervision of state highways and provincial highways shall be determined by the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government.

　　Village, national minority village and township People's Governments are responsibile for the construction and maintenance of village highways within their respective administrative areas.

　　The departments of communications of local People's Governemnts above the county level may decide that agencies of highway administration shall perform their duties and responsibilities in highway administration in accordance with the provisions of this Law.

　　Article 9 All units and individuals shall be prohibited to establish posts, collect toll, impose fines and intercept vehicles on highways.

　　Article 10 The State encourages sci-tech research in the work related to highways and shall give rewards to units and individuals that have scored outstanding achievements in highway sci-tech research and applications.

　　Article 11 Provisions for special-purpose highways in this Law apply to special-purpose highways.

　　Special-purpose highways mean the roads built, maintained and managed by enterprises or other units which provide transport services exclusively or mainly for those enterprises or units.

　　Chapter II Highway Planning

　　Article 12 Highway planning should be made in accordance with the requirements of the national socio-economic development and national defense buildup and in coordination with urban construction development planning and development planning of other modes of communications and transport.

　　Article 13 Land use planning for highway construction should be in line with overall land use planning, and land used for construction of the year should be integrated into annual land use plan for construction.

　　Article 14 State highway planning shall be made by the department of communications under the State Council in conjunction with the departments concerned under th

e State Council and in consultation with the provinces,autonomous regions and municipalities directly under the Central Government along the state highways and shall be submitted to the State Council for approval.

　　Provincial highway planning shall be made by the departments of communications of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the departments concerned at the same level and in consultation with the People's Governments at the next lower level along the provincial highways and shall be submitted to the People's Governments of the provinces, autonomous regions and municipalities under the Central Governments for approval and submitted to the department of communications under the State Council for the record.

　　County highway planning shall be made by the departments of communications of the People's Governments at the county level in conjunction with the departments concerned at the same level and shall be submitted to the People's Governments at the next higher level for approval upon examination and finalization by the People's Governments at the same level.

　　Village highway planning shall be made by the village, national minority village and township People's Governments with the assistance of the departments of communications of the People's Governments at the county level and shall be submitted to the People's Governments at the county level for approval.

　　County highway and village highway planning approved as prescribed in the third Paragraph and the fourth Paragraph should be submitted to the departments of communications of the People's Governments at the next higher level of the approval organs for the record.

　　Provincial highway planni

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