Article 40. Construction which is undertaken within a planned urban area without a permit for a planned construction project or not in line with the requirements stated in the permit and which seriously affects city planning shall, by order of the competent department of city planning administration of the local people's government at or above the county level, be suspended, removed within a prescribed period of time or be punishable by the confiscation of illegal buildings, structures or facilities;

影响城市规划，尚可采取改正措施的，由县级以上地方人民政府城市规划行政主管部门责令限期改正，并处罚款。

construction which affects city planning but can still be remedied shall, by order of the competent department of city planning administration of the local people's government at or above the county level, be corrected within a prescribed period of time and be concurrently punishable by a fine.

第四十一条 对未取得建设工程规划许可证件或者违反建设工程规划许可证件的规定进行建设的单位的有关责任人员，可以由其所在单位或者上级主管机关给予行政处分。

Article 41. A person responsible for constructing a project without a permit for a planned construction project or not in line with the requirements in the permit may be given administrative sanction by the organization where he works or by the competent authority at a higher level.

第四十二条 当事人对行政处罚决定不服的，可以在接到处罚通知之日起十五日内，向作出处罚决定的机关的上一级机关申请复议；对复议决定不服的，可以在接到复议决定之日起十五日内，直接向人民法院起诉。

Article 42. A party refusing to accept the decision on administrative sanction may, within 15 days of receiving the notification on such a decision, apply for reconsideration to the department next higher to the authorities that decided on the sanction; if the party refuses to accept the decision of reconsideration, it may, within 15 days of receiving the reconsideration decision, bring a suit before a people's court.

当事人也可以在接到处罚通知之日起十五日内，直接向人民法院起诉。当事人逾期不申请复议、也不向人民法院起诉、又不履行处罚决定的，由作出处罚决定的机关申请人民法院强制执行。

A party may also bring a suit directly before a people's court within 15 days of receiving the notification on the sanction. If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people's court nor complied with the sanction, the authorities that decided on the sanction may apply to the people's court for compulsory enforcement.

第四十三条 城市规划行政主管部门工作人员中玩忽职守、滥用职权、拘私舞弊的，由其所在单位或者上级主管机犬给予行政处分：构成犯罪的，依法追究刑事责任。

Article 43. Any member of a competent department of city planning administration who neglects his duty, abuses his power or engages in malpractices for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authorities; if his act constitutes a crime, he shall be investigated for criminal responsibility according to law.

第六章 附 则

CHAPTER VI SUPPLEMENTARY PROVISIONS

第四十四条 未设镇建制的工矿区的居民点，参照本法执行。

Article 44. This Law may be referred to for a residents' community in an industrial or mining district without the administrative status of a town.

第四十五条 国务院城市规划行政主管部门根据本法制定实施条例，报国务院批准后施行。

Article 45. Rules for the implementation of this Law shall be formulated, pursuant to this Law, by the competent department of city planning administration under the State Council, and shall be implemented after they are submitted to and approved by the State Council.

省、自治区、直辖市人民代表大会常务委员会可以根据本法制定实施办法。

Measures for the implementation of this Law may be formulated, pursuant to this Law, by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government.

第四十六条 本法自1990年4月1日起施行。国务院发布的《城市规划条例》同时废止。

Article 46. This Law shall enter into force as of April 1, 1990. The Regulations on City Planning promulgated by the State Council shall be abrogated therefrom.