Law of the People's Republic of China on the Prevention and Control of Ambient Noise Pollution

general provisions

Article 1 This Law is enacted for the purpose of 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" as used in this Law means the sound that is emitted in the course of industrial production, construction, transportation and social life and that impairs the living environment of the neighbourhood.

For the purposes of this Law, environmental noise pollution means that the environmental noise emitted exceeds the environmental noise emission standards set by the State and interferes with the normal life, work and study of others.

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

This Law shall not apply to the prevention and control of noise hazards arising from the production and business operation of the enterprise.

Article 4 The State Council and the local people's governments at various levels shall incorporate the prevention and control of environmental noise pollution into their environmental protection plans and adopt economic and technological policies and measures conducive to the protection of the acoustic environment.

Article 5 When formulating urban and rural construction plans, local people's governments at various levels shall give full consideration to the impact of noise generated by construction projects and regional development and renovation on the living environment of the neighbourhood, make overall plans, rationally arrange the layout of functional areas and construction, and prevent or reduce environmental noise pollution.

Article 6 The competent ecological environment department under the State Council shall exercise unified supervision and management over the prevention and control of environmental noise pollution throughout the country.

The competent ecological environment departments of the local people's governments at or above the county level shall exercise unified supervision and management over the prevention and control of environmental noise pollution within their respective administrative areas.

Public security, transportation, railway, civil aviation and other competent departments at all levels and port superintendency agencies shall, according to their respective duties, supervise and manage the prevention and control of traffic and social life noise pollution.

Article 7 All units and individuals shall have the obligation to protect the acoustic environment and shall have the right to inform against and accuse units and individuals that cause environmental noise pollution.

Article 8 The State encourages and supports scientific research and technological development in the prevention and control of environmental noise pollution, spreads advanced prevention and control technologies and popularizes scientific knowledge in the prevention and control of environmental noise pollution.

Article 9 The people's government shall award units and individuals that have made outstanding achievements in the prevention and control of environmental noise pollution.

Chapter II Supervision and Administration of Prevention and Control of Environmental Noise Pollution

Article 10 The competent ecological environment department under the State Council shall establish national standards for acoustic environment quality for different functional areas.

The local people's governments at or above the county level shall, in accordance with the national standards for acoustic environmental quality, delimit areas within their respective administrative areas for the application of various acoustic environmental quality standards and exercise control over them.

Article 11 The competent ecological environment department under the State Council shall, in accordance with the national standards for acoustic environment quality and the country's economic and technological conditions, establish national standards for environmental noise emission.

Article 12 When determining the layout of construction, the city planning department shall, in accordance with the national standards for acoustic environment quality and the sound insulation design specifications for civil buildings, reasonably delimit the noise prevention distance between buildings and main traffic lines, and put forward corresponding planning and design requirements.

Article 13 Construction projects that are newly built, rebuilt or expanded must comply with the provisions of the State on the administration of environmental protection for construction projects.

Where a construction project may produce environmental noise pollution, the construction unit must submit an environmental impact report, stipulate measures for the prevention and control of environmental noise pollution, and submit it to the competent department of ecological environment for approval in accordance with the procedures prescribed by the State.

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

Article 14 The facilities for prevention and control of environmental noise pollution of a construction project must be designed, constructed and put into operation simultaneously with the main part of the project.

Before a construction project is put into production or use, its facilities for prevention and control of environmental noise pollution must be checked and accepted in accordance with the standards and procedures prescribed by the State; If it fails to meet the requirements of the State, the construction project shall not be put into production or use.

Article 15 Enterprises and institutions that produce environmental noise pollution must maintain the normal use of the facilities for prevention and control of environmental noise pollution; If facilities for prevention and control of environmental noise pollution are to be dismantled or left idle, prior approval must be obtained from the competent ecological environment department of the local people's government at or above the county level.

Article 16 Units that produce environmental noise pollution shall take measures to bring it under control and pay fees for excessive emission in accordance with State regulations.

The fees collected for excessive discharge of pollutants must be used for the prevention and control of pollution and may not be used for other purposes.

Article 17 Enterprises and institutions that cause serious environmental noise pollution in areas where noise sensitive structures are concentrated shall be ordered to control the pollution within a time limit.

Units that have been ordered to deal with the problem within a time limit must complete the task on time. The people's government at or above the county level shall, within the limits of its authority as prescribed by the State Council, make a decision on the reasons for the decision within a time limit.

The people's government at or above the county level may, within the limits of its authority as prescribed by the State Council, authorize its competent department of ecological environment to decide on the time limit for small enterprises and institutions to deal with pollution.

Article 18 The State applies an elimination system for outdated equipment that causes serious environmental noise pollution.

The competent department for comprehensive economic and trade affairs under the State Council shall, together with the relevant departments under the State Council, publish a list of equipment with serious environmental noise pollution whose production, sale and import are prohibited within a time limit.

Producers, sellers or importers must stop producing, selling or importing the equipment listed in the list mentioned in the preceding paragraph within the time limit prescribed by the competent department for comprehensive economic and trade affairs under the State Council in conjunction with the relevant departments under the State Council.

Article 19 If it is really necessary to emit sporadic strong noise when conducting production activities within an urban area, an application must be submitted in advance to the local public security organ, and the production can be carried out only after approval. The local public security organ shall make a public announcement.

Article 20 The competent ecological environment department under the State Council shall establish a monitoring system for environmental noise, formulate monitoring standards, and organize a monitoring network together with relevant departments.

The environmental noise monitoring institution shall, in accordance with the provisions of the competent ecological environment department under the State Council, report the results of environmental noise monitoring.

Article 21 The competent ecological environment departments of the people's governments at or above the county level and other supervisory and administrative departments and institutions for the prevention and control of environmental noise pollution shall, in accordance with their respective functions and duties, have the right to conduct on-site inspections of units that emit environmental noise within their jurisdiction. The inspected units must truthfully report the situation and provide necessary information. The inspection departments and institutions shall keep confidential the technical secrets and business secrets of the inspected units.

Inspectors shall show their certificates when conducting on-site inspection.

Chapter III Prevention and Control of Industrial Noise Pollution

Article 22 For the purposes of this Law, "industrial noise" means the sound that is emitted when fixed equipment is used in industrial production activities and that impairs the living environment of the neighbourhood.

Article 23 The discharge of industrial noise into the living environment of the neighbourhood within an urban area shall conform to the standards set by the State for environmental noise at the boundary of industrial enterprises.

Article 24 An industrial enterprise that produces environmental noise pollution due to the use of fixed equipment in industrial production must, in accordance with the regulations of the competent ecological environment department under the State Council, report to the competent ecological environment department of the local people's government at or above the county level the type of equipment that causes environmental noise pollution Quantity, noise value emitted under normal operating conditions and facilities for prevention and control of environmental noise pollution, and provide technical data for prevention and control of noise pollution.

Any major change in the type, quantity, noise value and prevention and control facilities of the equipment that causes environmental noise pollution must be reported in time and appropriate prevention and control measures must be taken.

Article 25 Industrial enterprises that produce environmental noise pollution shall take effective measures to mitigate the impact of noise on the living environment of the neighbourhood.

Article 26 With regard to industrial equipment that may produce environmental noise pollution, the relevant competent departments under the State Council shall, in accordance with the requirements for the protection of the acoustic environment and the country's economic and technical conditions, gradually set noise limits in the national and trade standards for products formulated according to law.

The noise level emitted by industrial equipment in operation as specified in the preceding paragraph shall be indicated in the relevant technical documents.

Chapter IV Prevention and Control of Construction Noise Pollution

Article 27 "Construction noise" as mentioned in this Law means the sound that is emitted in the course of construction and that impairs the living environment of the neighbourhood.

Article 28 The emission of construction noise into the living environment of the neighbourhood within an urban area shall conform to the standards for environmental noise emission within the boundaries of construction sites set by the State.

Article 29 Where the use of machinery and equipment in the course of construction may produce environmental noise pollution in urban areas, the construction unit must, 15 days before the commencement of the project, report to the competent ecological environment department of the local people's government at or above the county level the name of the project, the construction site and the duration of the project Possible environmental noise value and environmental noise pollution prevention measures taken.

Article 30 In areas where noise sensitive structures are concentrated in urban areas, it is prohibited to conduct construction operations that produce environmental noise pollution at night, with the exception of rush repairs, emergency operations and continuous operations required by production techniques or special needs.

If continuous operation is necessary due to special needs, it must be certified by the people's government at or above the county level or its competent department.

The night work mentioned in the preceding paragraph must be announced to the residents in the vicinity.

Chapter V Prevention and Control of Traffic Noise Pollution

Article 31 The term "traffic noise" as used in this Law means the sound that is emitted by motor vehicles, railway locomotives, motor vessels, aircraft and other means of transport in motion and that impairs the living environment of the neighbourhood.

Article 32 It is forbidden to manufacture, sell or import automobiles that exceed the prescribed noise limits.

Article 33 Mufflers and horns of motor vehicles running in urban areas must meet the requirements set by the State. Motor vehicles must be repaired and maintained to maintain good technical performance and prevent environmental noise pollution.

Article 34 When motor vehicles travel within the urban areas of cities, motor ships navigate inland waterways in urban areas of cities, and railway locomotives pass through or enter urban areas or sanatorium areas, sound devices must be used in accordance with regulations.

The installation and use of sirens in police cars, fire engines, engineering rescue vehicles, ambulances and other motor vehicles must comply with the provisions of the public security department under the State Council; It is prohibited to use the alarm when performing non urgent tasks.

Article 35 The public security organ of an urban people's government may, in light of the need to protect the local acoustic environment in the urban area of the city, delimit the road sections and times where motor vehicles are prohibited from driving and the use of acoustic devices is prohibited, and make them known to the public.

Article 36 Where the construction of expressways, urban viaducts and light rail roads passing through areas where existing noise sensitive structures are concentrated is likely to cause environmental noise pollution, sound barriers shall be installed or other effective measures shall be taken to control environmental noise pollution.

Article 37 Where noise sensitive structures are to be built on both sides of existing urban traffic arteries, the construction unit shall, in accordance with State regulations, keep them at a certain distance and take measures to mitigate and avoid the impact of traffic noise.

Article 38 If loudspeakers are used to direct operations in stations, railway marshalling yards, ports, docks, airports and other places, the volume of loudspeakers should be controlled to reduce the impact of noise on the living environment of the neighbourhood.

Article 39 Where a railway crossing an urban residential area, cultural and educational district causes environmental noise pollution due to the operation of locomotives, the local urban people's government shall organize the railway department and other relevant departments to work out plans for reducing environmental noise pollution. The railway department and other relevant departments shall, in accordance with the requirements of the plan, take effective measures to reduce environmental noise pollution.

Article 40 A civil aircraft shall not fly over the urban area of a city, except when taking off, landing or under the circumstances prescribed by law. The urban people's government shall demarcate an area around the clearance for take-off and landing of aircraft where the construction of noise sensitive structures is restricted; If a noise sensitive building is to be built in the area, the construction unit shall take measures to mitigate and avoid the impact of noise generated by aircraft in operation. The civil aviation department shall take effective measures to reduce environmental noise pollution.

Chapter VI Prevention and Control of Noise Pollution from Social Activities

Article 41 The term "noise of social life" as used in this Law means the sound that is emitted by human activities and that impairs the living environment of the neighbourhood, with the exception of industrial noise, construction noise and traffic noise.

Article 42 Commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in commercial activities in areas where noise sensitive structures are concentrated in urban areas must comply with the regulations of the competent department for ecological environment under the State Council, Report to the competent ecological environment department of the local people's government at or above the county level the status of the equipment that causes environmental noise pollution and the facilities for prevention and control of environmental noise pollution.

Article 43 Noise at the boundary of newly-built commercial cultural and entertainment venues must conform to the environmental noise emission standards set by the State; If the environmental noise emission standards set by the State are not met, the competent cultural administrative department shall not issue a cultural business license, and the market supervision and administration department shall not issue a business license.

The operators and managers of cultural and entertainment places under operation must take effective measures to ensure that their boundary noise does not exceed the environmental noise emission standards set by the State.

Article 44 It is prohibited to use loudspeakers or other methods of making loud noise to attract customers in commercial activities.

In the case of using air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution in commercial activities, the operators and managers shall take measures to ensure that the noise at the boundary does not exceed the environmental noise emission standards set by the State.

Article 45 No unit or individual is allowed to use a tweeter in an urban area where noise sensitive structures are concentrated.

If the use of audio equipment in public places such as streets, squares and parks in urban areas, where entertainment, gatherings and other activities are organized, may produce excessive volume that may interfere with the surrounding living environment, the regulations of the local public security organ must be observed.

Article 46 When using household appliances, musical instruments or other indoor family entertainment activities, the sound volume shall be controlled or other effective measures shall be taken to avoid environmental noise pollution to the surrounding residents.

Article 47 When interior decoration activities are carried out in residential buildings that have been completed and delivered for use, the operation time shall be limited and other effective measures shall be taken to reduce and avoid environmental noise pollution to the surrounding residents.

Chapter VII Legal Liability

Article 48 Anyone who, in violation of the provisions of Article 14 of this Law, puts into production or use a construction project without the completion of the necessary facilities for prevention and control of environmental noise pollution or without meeting the requirements set by the State, shall be ordered by the competent ecological environment department at or above the county level to make corrections within a time limit and be fined by units and individuals; If it causes serious environmental pollution or ecological damage, it shall be ordered to stop production or use, or it shall be reported to the people's government with the power of approval for approval and be ordered to close down.

Article 49 If anyone, in violation of the provisions of this Law, refuses to report or makes a false report on the items to be reported on environmental noise emissions, the competent ecological environment department of the local people's government at or above the county level may, in light of the seriousness of the case, give him a warning or impose a fine.

Article 50 Whoever, in violation of the provisions of Article 15 of this Law, dismantles or leaves idle the facilities for prevention and control of environmental noise pollution without the approval of the competent ecological environment department, thus causing the environmental noise emission to exceed the prescribed standards, shall be ordered to set it right and concurrently be fined by the competent ecological environment department of the local people's government at or above the county level.

Article 51 If anyone, in violation of the provisions of Article 16 of this Law, fails to pay the fee for excessive discharge of pollutants in accordance with State regulations, the competent ecological environment department of the local people's government at or above the county level may, in light of the seriousness of the case, give him a warning or impose a fine.

Article 52 Any enterprise or institution that, in violation of the provisions of Article 17 of this Law, fails to complete the task of harnessing the pollution within the time limit, may, in addition to collecting fees for excessive discharge of pollutants in accordance with State regulations, be fined or ordered to suspend business, relocate or close down in light of the harmful consequences caused.

The fine prescribed in the preceding paragraph shall be decided by the competent department of ecological environment. The order to suspend business, relocate or close down shall be made by the people's government at or above the county level within the limits of its authority as prescribed by the State Council.

Article 53 Whoever, in violation of the provisions of Article 18 of this Law, produces, sells or imports equipment that is prohibited from being produced, sold or imported shall be ordered by the competent department for comprehensive economic and trade affairs of the people's government at or above the county level to make corrections; If the circumstances are serious, the competent department for comprehensive economic and trade affairs of the people's government at or above the county level shall put forward a proposal and submit it to the people's government at the same level to order it to suspend business or close down within the limits of its authority as prescribed by the State Council.

Article 54 Whoever, in violation of the provisions of Article 19 of this Law, conducts activities that produce sporadic strong noise without the approval of the local public security organ shall be given a warning or fined by the public security organ in light of the seriousness of the case.

Article 55 Any unit that emits environmental noise, in violation of the provisions of Article 21 of this Law, refuses an on-site inspection by the competent ecological environment department or any other department or institution exercising the power of supervision and control of environmental noise in accordance with the provisions of this Law, or resorts to deception when being inspected, The competent ecological environment department or other supervision and management departments or institutions that exercise the power of supervision and management of environmental noise in accordance with the provisions of this Law may, according to the circumstances, give a warning or impose a fine.

Article 56 If a construction unit, in violation of the provisions of the first paragraph of Article 30 of this Law, conducts at night, in an urban area where noise sensitive structures are concentrated, construction operations that produce environmental noise pollution, which are prohibited, the competent ecological environment department of the local people's government at or above the county level in the place where the project is located shall order it to set it right and may also impose a fine.

Article 57 If a motor vehicle, in violation of the provisions of Article 34 of this Law, does not use sound devices according to the provisions, the local public security organ shall give a warning or impose a fine according to the circumstances.

If a motor vessel commits the illegal act mentioned in the preceding paragraph, the harbour superintendency administration shall give it a warning or impose a fine according to the circumstances.

If a railway locomotive commits an illegal act as mentioned in the first paragraph, the competent railway department shall give administrative sanctions to the relevant responsible persons.

Article 58 Whoever, in violation of the provisions of this Law, commits one of the following acts shall be given a warning and may also be fined by the public security organ:

（1） Use tweeters in areas where noise sensitive buildings are concentrated in urban areas;

（2） In violation of the regulations of the local public security organ, organizing entertainment, gatherings and other activities in public places such as streets, squares and parks in urban areas, and using audio equipment to produce excessive volume that will interfere with the surrounding living environment;

（3） Failing to take measures in accordance with the provisions of Articles 46 and 47 of this Law, emitting environmental noise from the interior of a household that seriously disturbs the lives of the surrounding residents.

Article 59 Whoever, in violation of the provisions of the second paragraph of Article 43 and the second paragraph of Article 44 of this Law, causes environmental noise pollution shall be ordered to set it right and may also be fined by the competent ecological environment department of the local people's government at or above the county level.

Article 60 Whoever, in violation of the provisions of the first paragraph of Article 44 of this Law, causes environmental noise pollution shall be ordered by the public security organ to set it right and may also be fined.

If the people's government at or above the provincial level decides according to law that the competent ecological environment department of the local people's government at or above the county level shall exercise the power of administrative punishment as prescribed in the preceding paragraph, its decision shall prevail.

Article 61 Units and individuals suffering from the harm of environmental noise pollution shall have the right to demand that the perpetrator eliminate the harm; If losses are caused, compensation shall be made according to law.

Disputes over the liability for compensation and the amount of compensation may, at the request of the parties concerned, be mediated by the competent ecological environment department or other supervisory and administrative departments or institutions for the prevention and control of environmental noise pollution; If mediation fails, the parties may bring a suit in a people's court. The parties may also directly bring a suit in a people's court.

Article 62 If any person in charge of supervision and administration of prevention and control of environmental noise pollution abuses his power, neglects his duty or engages in malpractices for personal gain, he shall be given administrative sanctions by the unit to which he belongs or by the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 63 For the purposes of this Law, the meanings of the following terms are:

（1） "Noise emission" means that the noise source radiates noise to the surrounding living environment.

（2） "Noise sensitive buildings" refer to buildings that need to be kept quiet, such as hospitals, schools, government agencies, scientific research institutions and residential buildings.

（3） "Areas where noise sensitive structures are concentrated" refer to medical treatment areas, cultural, educational and scientific research areas and areas where government offices or residential buildings are the main ones.

（4） "Night" refers to the period from 22:00 p.m. to 6:00 a.m.

（5） "Motor vehicles" means automobiles and motorcycles.

Article 64 This Law shall come into force as of March 1, 1997. The Regulations of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution promulgated by the State Council on September 26, 1989 shall be repealed at the same time.