中华人民共和国环境噪声污染防治法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF ENVIRONMENTAL

（Adopted at the 22nd Meeting of the Standing Committee of the Eighth National People's Congress on October 29， 1996 and promulgated by Order No. 77 of the President of the People's Republic of China on October 29， 1996）
颁布日期：19961029 　实施日期：19970301 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Supervision and Management of the Prevention and Control of Environmental Noise Pollution

　　Chapter III Prevention and Control of Industrial Noise

　　Chapter IV Prevention and Control of Noise in Construction

　　Chapter V Prevention and control of Traffic and Transportation Noise

　　Chapter VI Prevention and Control of Noise in Social Life

　　Chapter VII Legal Responsibility

　　Chapter VIII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is enacted with a view to preventing and controlling environmental noise pollution， protecting and improving the living environment， safeguarding human health and promoting economic and social development.

　　Article 2 “Environmental noise” mentioned in this Law refers to the sound produced in industrial production， construction， traffic and transportation and social life so as to disturb the living environment in the neighbourhood.

　　“Environmental noise pollution” mentioned in this Law refers to an situation in which the noise is produced in excess of the standard set by the state on the discharge of environmental noise so as to disturb others' normal lives， work or study.

　　Article 3 This Law applies to the prevention and control of environmental noise pollution within the territory of the People's Republic of China.

　　This law is not applicable to the prevention and control of noise hazards suffered by persons who perform their duty in production or business operations.

　　Article 4 The State Council and local people's governments at all levels shall incorporate the prevention and control of environmental noise pollution into environmental protection plans， and take economic and technical policies and measures beneficial to the protection of sound environment.

　　Article 5 Local people's governments at all levels， when making plans for construction in cities， towns and villages， shall take into full account the impact of noise produced in construction projects and regional development and renovation on the neighbouring living environment， and shall make overall planning and rational arrangement for functional areas and distribution of constructions so as to prevent or diminish environmental noise pollution.

　　Article 6 The environmental protection department under the State council shall conduct unified supervision and management over the prevention and control of environmental noise pollution in the whole country.

　　Environmental protection departments of local people's governments at or above the county level shall conduct unified supervision and management over the prevention and control of environmental noise pollution within their respective administrative divisions.

　　Departments at all levels of public security， traffic and transportation， railroad， civil aviation and harbour superintendency agencies shall， in accordance with their respective responsibilities， conduct supervision and management of the prevention and control of environmental noise pollution caused by traffic and transportation and social life.

　　Article 7 All units and individuals shall have the obligation to protect the sound environment and have the right to report on or file charges against any unit or individual that causes environmental noise pollution.

　　Article 8 The state encourages and supports scientific research and technological development for the prevention and control of environmental noise pollution， promotes advanced prevention and control techniques， and popularize s

cientific knowledge of the prevention and control of environmental noise pollution.

　　Article 9 Units or individuals that have made marked achievements in the prevention and control of environmental noise pollution shall be rewarded by the people's governments.

　　Chapter II Supervision and Management of the Prevention and Control of Environmental Noise Pollution

　　Article 10 The environmental protection department under the State Council shall establish the national standards for sound environment quality respectively for various functional areas.

　　Local people's governments at or above the county level shall， in accordance with the national standards for sound environment quality， designate areas within their administrative divisions for the implementation of various standards for sound environment quality and conduct management accordingly.

　　Article 11 The environmental protection department under the State Council shall， in accordance with the national standards for sound environment quality and the country's economic and technological conditions， establish the national standards for the discharge of environmental noise.

　　Article 12 When determining the layouts for urban construction， city planning departments shall， in accordance with the national standards for sound environment quality and rules of sound insulation for civil buildings， set rational distances between buildings and main traffic lines for preventing noises and propose corresponding planning and design requirements.

　　Article 13 New construction projects， extensions or reconstruction projects shall conform to the state provisions concerning environmental protection for such projects.

　　For any construction project which is likely to produce environmental noise， the construction unit shall propose an environmental impact statement， with prevention and control measures provided therein， and shall， according to the procedure specified by the state， submit the same to the environmental protection department for examination and approval.

　　The environmental impact statement shall include views of units and residents in the place where the construction project is to be located.

　　Article 14 Facilities for the prevention and control of environmental noise at a construction project shall be designed， built and put into operation simultaneously with the principal part of the project.

　　Before a construction project is put into operation or use， its facilities for the prevention and control of environmental noise shall be inspected by the environmental protection department which examined and approved the environmental impact statement. If the facilities do not conform to the requirements specified by the state， the said project shall not be put into operation or use.

　　Article 15 Enterprises and institutions that produce environmental noise pollution shall maintain the normal operation of their facilities for the prevention and control of environmental noise pollution. Dismantle ment or leaving idle of those facilities shall be approved in advance by the environmental protection department of local people's governments at or above the county level.

　　Article 16 Units producing environmental noise pollution shall take measures to eliminate and control the pollution and shall pay a fee for excessive discharge according to the state provisions.

　　The fee thus levied shall be used for the prevention and control of pollution and shall not be embezzled for other uses.

　　Article 17 Enterprises and institutions that produce serious environmental noise pollution in areas where noise-sensitive buildings concentrate shall be ordered to eliminate and control the pollution within a time limit.

　　Those units subject to such an order shall accomplish the task as scheduled. The determination of a time limit fore limitation and control of pollution shall b

e made by people's governments at or above the county level within the jurisdiction set by the State Council.

　　For small-sized enterprises and institutions， the determination of a time limit for elimination and control of pollution shall be made by environmental protection departments authorized by people's governments at or above the county level within the jurisdiction set by the State Council.

　　Article 18 The state shall adopt a system of eliminating backward equipment that produces serious environmental noise pollution.

　　The comprehensive economic administrative department under the State Council shall， in consultation with other relevant departments under the State council， publish a catalogue of backward equipment which produces serious environmental noise pollution and thus the production， sale and importation of which shall be prohibited within a time limit.

　　Producers， sellers and importers of backward equipment listed in such a catalogue as described in the preceding paragraph shall respectively stop production， sale and importation of them within a time limit set by the comprehensive economic department under the State Council in consultation with other departments concerned.

　　Article 19 In the cases where the discharge of fortuitous strong noise is really necessary in the urban districts due to productive activity， an application shall be filed with the local public security organ and the noise may be discharged with an approval. The local public security organ shall publicly announce the discharge.

　　Article 20 The environmental protection department under the State Council shall establish a monitoring system for environmental noise， work out monitoring rules and， together with other departments concerned， organize a monitoring networ

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