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

(Adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021)

Contents

Chapter I  General Provisions

Chapter II  Standards and Plans for Prevention and Control of Noise Pollution

Chapter III  Supervision and Administration of Prevention and Control of Noise Pollution

Chapter IV  Prevention and Control of Industrial Noise Pollution

Chapter V  Prevention and Control of Construction Noise Pollution

Chapter VI  Prevention and Control of Traffic Noise Pollution

Chapter VII  Prevention and Control of Neighborhood Noise Pollution

Chapter VIII  Legal Liability

Chapter IX  Supplementary Provisions

Chapter I  General Provisions

Article 1  This Law is enacted to prevent and control noise pollution, safeguard public health, protect and improve the living environment, maintain social harmony, advance ecological civilization, and promote sustainable development of the economy and society.

Article 2  For purposes of this Law, "noise" refers to the sound that is emitted in the course of industrial production, construction, transportation, or everyday life, causing disturbances to the nearby living environment.

For purposes of this Law, "noise pollution" refers to a situation where noise is emitted in excess of the applicable noise emission limit or without prevention and control measures required by law, resulting in the disturbance of normal life, work, or study of others.

Article 3  This Law applies to the prevention and control of noise pollution.

As for the prevention and control of noise exposure at work in production or business operations, the provisions of laws on labor protection and other relevant laws shall apply.   

Article 4  The principles of overall planning, prevention and control at source, category-based management, social co-governance, and liability for damage shall be adhered to in the prevention and control of noise pollution.

Article 5  People's governments at or above the county level shall incorporate the prevention and control of noise pollution into their economic and social development plans and ecological and environmental protection plans, and include the funds for noise pollution prevention and control in their budgets.

The ecological and environmental protection plan shall specify the targets, tasks, and safeguard measures for noise pollution prevention and control.

Article 6  Local people's governments at all levels shall be responsible for the acoustic environment quality within their respective administrative areas, and take effective measures to improve the quality of the acoustic environment.

The state adopts a target responsibility system and a performance assessment system for noise pollution prevention and control and incorporates the completion of targets into performance assessment.

Article 7  Local people's governments at or above the county level shall, as prescribed by this Law and the regulations of the State Council, specify relevant departments’ supervision and administration responsibilities in terms of noise pollution prevention and control, establish a mechanism for coordination and joint actions for noise pollution prevention and control where necessary, and strengthen coordination and information sharing among different departments, so as to advance noise pollution prevention and control within their respective administrative areas.

Article 8  The competent department of ecology and environment under the State Council shall exercise unified supervision and administration of noise pollution prevention and control nationwide.

The competent departments of ecology and environment of local people's governments shall exercise unified supervision and administration of noise pollution prevention and control within their respective administrative areas.

The departments of housing and urban-rural development, public security, transport, railway supervision and administration, civil aviation, maritime safety, and other departments of people's governments at all levels shall supervise and administer the prevention and control of noise pollution resulting from construction, traffic and everyday life within the scope of their respective responsibilities.        

Community-level self-governance organizations shall assist local people's governments and their relevant departments in noise pollution prevention and control.       

Article 9  All entities and individuals are obligated to protect the acoustic environment and meanwhile have such lawful rights as accessing the information on the acoustic environment, and participating in and supervising noise pollution prevention and control.

Entities and individuals that emit noise shall take effective measures to prevent and mitigate noise pollution.

Article 10  People's governments at all levels and their relevant departments shall strengthen the popularization of laws, regulations, and knowledge on noise pollution prevention and control, raise public awareness in this regard, and guide the public through their participation in noise pollution prevention and control in accordance with law.  

News media shall publicize the laws, regulations, and knowledge on noise pollution prevention and control for the public good, and carry out public-opinion supervision over the compliance with laws and regulations on noise pollution prevention and control.   

The state encourages community-level self-governance organizations, social organizations, managers of public places, homeowners' committees, property service providers, and volunteers, inter alia, to popularize the laws, regulations, and knowledge on noise pollution prevention and control.

Article 11  The state encourages and supports the research and development of science and technology for noise pollution prevention and control, as well as the commercialization, promotion, and application of such research outcomes, strengthens the cultivation of professional and technical talents in noise pollution prevention and control, and promotes the scientific and technological progress and industry development for noise pollution prevention and control.     

Article 12  Entities and individuals that have made outstanding achievements in noise pollution prevention and control shall be commended and rewarded according to relevant state regulations.

Chapter II  Standards and Plans for Prevention and Control of Noise Pollution

Article 13  The state promotes the development of a system for noise pollution prevention and control standards.

The competent department of ecology and environment and other relevant departments under the State Council shall formulate and improve standards related to noise pollution prevention and control within the scopes of their respective functions and responsibilities and strengthen the linkage and coordination among such standards.

Article 14  The competent department of ecology and environment under the State Council shall formulate the national acoustic environment quality standards.

People's governments at or above the county level shall, according to the national acoustic environment quality standards, the spatial planning, and the land-use status, delimit areas to which various categories of acoustic environmental quality standards apply and designate areas with clusters of buildings used for residence, scientific research, medical treatment, and health care, culture and education, office work of Party and government organs, or organizations and societies, as well as social welfare, inter alia, as areas with concentrated noise-sensitive buildings, and strengthen the prevention and control of noise pollution in these areas.

The scopes of areas to which acoustical environment quality standards of different categories apply and the scopes of the areas with concentrated noise-sensitive buildings shall be made available to the public.

Article 15  The competent department of ecology and environment under the State Council shall, according to the national acoustic environment quality standards and economic and technological conditions, formulate the national noise emission standards and related environmental vibration control standards.

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local noise emission standards where such standards do not exist at the national level; where such national standards do exist, stricter local standards of noise emission may be formulated. Local standards of noise emission shall be submitted to the competent department of ecology and environment under the State Council for filing.

Article 16  The competent department of standardization under the State Council shall, together with departments of development and reform, ecology and environment, industry and information technology, housing and urban-rural development, transport, railway supervision and administration, civil aviation, and maritime safety, and other departments under the State Council, specify noise emission limits in the technical specifications or quality standards of products that may cause noise pollution, such as industrial equipment, construction machinery, motor vehicles, locomotives, urban rail transit vehicles, civil aircraft, motor vessels, electrical and electronic products, and auxiliary construction equipment, according to the requirements of acoustic environment protection and national economic and technological conditions. 

Limits on the noise emitted in the use of products prescribed in the preceding paragraph shall be specified in relevant technical documents. Products that exceed the noise emission limits shall not be produced, imported, or sold.

The market regulatory department or other departments of a people’s government at or above the county level shall carry out supervision and spot checks on products in the making or on the market that are subject to noise emission limits, as well as on the noise emitted by special equipment such as elevators in use, and the competent department of ecology and environment shall cooperate in such supervision and spot checks.

Article 17  Acoustic environment quality standards, noise emission standards, and other standards related to noise pollution prevention and control shall be evaluated on a regular basis, and revised in due time according to the evaluation results.

Article 18  When developing and revising spatial plans and other relevant plans, people’s governments at all levels and their relevant departments shall conduct environmental impact assessments in accordance with law, develop overall plans and make reasonable arrangements for land use and construction layout by taking into full account the impact of noise generated by urban and rural development, as well as renovation and construction projects on the nearby living environment, so as to prevent and mitigate noise pollution. Sections, descriptions, and reports relevant to environmental impact assessments shall include content on noise pollution prevention and control.

Article 19  In considering the construction layout, there shall be proper distances between buildings and traffic trunk lines or other noise sources to control noise exposure, and corresponding planning and designing requirements shall be put forward in accordance with national acoustic environment quality standards and relevant design standards of the sound insulation of civil buildings.

Article 20  The people's government of a city divided into districts or a county where an area that fails to meet the national acoustic environment quality standards is located shall formulate an improvement plan and its implementation plan in a timely manner, and take effective measures to improve the quality of the acoustic environment.

The acoustic environment improvement plan and its implementation plan shall be released to the public.

Article 21  When developing the above-mentioned improvement plan and its implementation plan or formulating and revising the relevant standards for noise pollution prevention and control, opinions of relevant industry associations, enterprises, public institutions, experts, and the general public shall be solicited.

Chapter III  Supervision and Administration of Prevention and Control of Noise Pollution

Article 22  The emission of noise and vibration shall conform to the noise emission standards and relevant environmental vibration control standards, as well as the requirements of relevant laws, regulations, and rules.

Article 23  The competent department of ecology and environment under the State Council shall formulate specifications for noise monitoring and evaluation. It shall set up a monitoring network for acoustic environment quality and make plans for setting up acoustic environment quality monitoring stations (sites) nationwide in conjunction with relevant departments under the State Council, and shall organize and carry out monitoring work across the country, promote automatic monitoring, and release information on national acoustic environment quality in a unified way.

The competent departments of ecology and environment under local people’s governments shall, together with relevant departments and in accordance with relevant regulations, set up acoustic environment quality monitoring stations (sites) within their respective administrative areas, organize and carry out monitoring work within the aforesaid areas, and release information on acoustic environment quality to the public on a regular basis.

The departments of ecology and environment and other departments under local people’s governments shall strengthen investigation and monitoring of noise emitting situations in key areas such as the surroundings of noise-sensitive buildings.

Article 24  The construction, reconstruction, or expansion of a project that may cause noise pollution shall be subject to the environmental impact assessment in accordance with law.

Article 25  The noise pollution prevention and control facilities of a construction project shall be designed, constructed, and put into operation simultaneously with the main project.

Before a construction project is put into operation or use, the developer shall, in accordance with the provisions of relevant laws and regulations, check and accept its supporting facilities for noise pollution prevention and control, and compile and make public a corresponding acceptance report. The construction project shall not be put into operation or use if such facilities have not been checked or failed to be accepted.

Article 26  The relevant design standards of the sound insulation of civil buildings shall be complied with in the construction of noise-sensitive buildings. Those that fail to meet the standards shall not be accepted or delivered for use. When noise-sensitive buildings are constructed in places such as both sides of traffic trunk lines and the peripheries of industrial companies, a certain distance shall be set in-between according to relevant requirements, and measures shall be taken to reduce vibration and noise.

Article 27  The state encourages and supports the research, development, promotion, and application of low-noise techniques and equipment, and implements a system of eliminating outdated techniques and equipment with serious noise pollution.

The department of development and reform under the State Council shall, in conjunction with other relevant departments under the State Council, set time limits for the elimination of techniques and equipment with serious noise pollution, and include them in the catalog of national comprehensive industrial policies.

Producers, importers, sellers, or users shall stop producing, importing, selling, or using the equipment listed in the catalog set forth in the preceding paragraph within the prescribed time limits. The adopters of techniques listed in the catalog outlined in the preceding paragraph shall stop using such techniques within the prescribed time limits.

Article 28  For an area where the goals set in plans for improving the acoustic environment quality have not been achieved or there is a prominent problem of noise pollution causing serious public concerns, the competent department of ecology and environment under the people's government at or above the provincial level shall, together with other departments responsible for the supervision and administration of noise pollution prevention and control, hold regulatory talks with the persons in charge of the people's government of the area and the relevant departments under it, and require them to take effective measures to make corrections in a timely manner. Information about the talks and corrections shall be made public.

Article 29  The competent department of ecology and environment and other departments responsible for the supervision and administration of noise pollution prevention and control shall have the power to conduct on-site inspections on entities or premises that emit noise. The inspected shall truthfully provide the relevant information and necessary materials, and shall not refuse or obstruct the inspections. The departments and personnel conducting the on-site inspections shall keep confidential the trade secrets learned during the inspections.

The number of personnel to conduct an on-site inspection shall be no fewer than two, and they shall show their law enforcement certificates on their own initiative.

Article 30  Where the emission of noise has caused serious pollution, and the emitter refuses to make corrections after being ordered to do so, the competent department of ecology and environment or other departments responsible for the supervision and administration of noise pollution prevention and control may seal up or seize the premises, facilities, equipment, tools and items that emit noise.

Article 31  Any entity or individual has the right to report on acts that cause noise pollution to the competent department of ecology and environment or other departments responsible for supervision and administration of noise pollution prevention and control.

The competent department of ecology and environment and other departments responsible for supervision and administration of noise pollution prevention and control shall make public the report channels, such as phone numbers and email addresses, to facilitate the report by the public.

The department that receives a report shall handle the report in a timely manner and keep the informer’s personal information confidential. If the report falls under the responsibilities of other departments, the department receiving the report shall hand it over to the competent department in a timely manner, and notify the informer thereof. Where the informer requests a reply and provides effective contact channels, the department handling the report shall give the informer feedback on the results of the handling.

Article 32  The state encourages activities of creating quiet areas such as quiet communities and quiet compartments, so as to involve everyone in maintaining a harmonious and tranquil living environment.

Article 33  During special events such as the entrance examinations for secondary schools, colleges and universities, a local people’s government or its designated department may introduce the area and time restrictions on activities that may emit noise, and make the restrictions known to the public in advance.

Chapter IV  Prevention and Control of Industrial Noise Pollution

Article 34  For purposes of this Law, "industrial noise" refers to the sound generated in industrial production activities causing disturbances to the nearby living environment.

Article 35  The choice of location for industrial enterprises shall meet the requirements of spatial plans and other relevant plans, and local people's governments at or above the county level shall improve the layout of industrial enterprises in accordance with such plans to prevent industrial noise pollution.

In areas with concentrated noise-sensitive buildings, the construction of noise-emitting industrial enterprises shall be prohibited, and effective measures for the prevention of industrial noise pollution shall be taken in the reconstruction or expansion of existing industrial enterprises.

Article 36  Enterprises, public institutions, and other producers and business operators that generate industrial noise shall take effective measures to reduce vibration and noise, and obtain a pollutant discharge permit or fill out a pollutant discharge registration form in accordance with law.

An entity under the pollutant discharge permission regime shall not emit industrial noise without a pollutant discharge permit and shall conduct noise pollution prevention and control as required by the pollutant discharge permit.    

Article 37  The competent department of ecology and environment of a local people's government at or above the level of a city divided into districts shall, in accordance with the regulations of the competent department of ecology and environment under the State Council, compile directories of key noise pollution emitting entities in its administrative area based on conditions such as noise emission and acoustic environment quality improvement requirements, and disclose such directories to the public and update them in due time.

Article 38  Entities under the pollutant discharge permission regime shall, in accordance with the regulations, conduct self-monitoring on industrial noise, keep the original monitoring records, release the monitoring results to the public, and assume responsibility for the authenticity and accuracy of the monitoring data.

Key noise pollution emitting entities shall, in accordance with state regulations, install, use and maintain automatic noise monitoring equipment and connect such equipment to the monitoring network of the competent department of ecology and environment.

Chapter V  Prevention and Control of Construction Noise Pollution

Article 39  For purposes of this Law, "construction noise" refers to the sound emitted in the course of construction of buildings, causing disturbances to the nearby living environment.

Article 40  The developer shall include the cost of noise pollution prevention and control in the project budget in accordance with relevant provisions, and specify the contractor's responsibility for noise pollution prevention and control in the construction contract.

The contractor shall formulate an implementation plan for noise pollution prevention and control in accordance with relevant provisions, and take effective measures to reduce vibrations and noise. The developer shall supervise the contractor in carrying out the noise pollution prevention and control implementation plan.   

Article 41  In conducting a construction operation in an area with concentrated noise-sensitive buildings, priority shall be given to the use of low-noise construction techniques and equipment.

The department of industry and information technology under the State Council shall, together with the departments of ecology and environment, housing and urban-rural development, and market regulation under the State Council, publish a guiding catalog of low-noise construction equipment and update it in due time. 

Article 42  To conduct a construction operation in areas with concentrated noise-sensitive buildings, a developer shall, in accordance with state regulations, establish an automatic noise monitoring system and connect it to the network of the supervision and administration department, keep the original monitoring records, and assume responsibility for the authenticity and accuracy of the data.    

Article 43  In areas with concentrated noise-sensitive buildings, it is prohibited to conduct construction operations that emit noise during nighttime, with the exception of urgent repairs, emergency rescues, and projects that entail continuous operations due to techniques or other special needs.

Those conducting continuous operations due to special needs shall obtain a certificate from the department of housing and urban-rural development and the competent department of ecology and environment of the local people’s government or some other department designated by the local people's government, and shall display the certificate at a conspicuous place on the construction site, or notify the neighboring residents by other means.

Chapter VI  Prevention and Control of Traffic Noise Pollution

Article 44  For purposes of this Law, "traffic noise" refers to the sound emitted by such means of transport as motor vehicles, locomotives, urban rail transit, motor vessels, and aircraft in operation, causing disturbances to the nearby living environment.

Article 45  When formulating or amending spatial plans, traffic and transport plans, or other relevant plans, people's governments at all levels and their relevant departments shall take into consideration the impact of routes of highways, urban roads, railways, urban rail transit, waterways, and ports, as well as civil airports and their landing and take-off routes on the nearby acoustic environment.　　

In the planning of new routes of highways and railways, areas with concentrated noise-sensitive buildings shall be avoided as much as possible.　

The distance between the site of a new civil airport and areas with concentrated noise-sensitive buildings shall meet the relevant standards.

Article 46  Requirements for the prevention and control of noise pollution shall be stipulated when formulating technical norms on the construction of transport infrastructure.

When constructing, renovating, or expanding the routes of expressways, overpasses in the urban areas, railways, and urban rail transit that traverse areas with concentrated noise-sensitive buildings, the developer shall install noise barriers or take other measures to reduce vibrations and noise in major road sections that may cause noise pollution, so as to meet relevant technical norms in the construction of transport infrastructure and the relevant standards.

A developer that violates the provisions in the preceding paragraph shall be ordered by a people's government above the county level to formulate and implement correction plans.

Article 47  Mufflers and horns of motor vehicles shall meet the requirements of state regulations. It is prohibited to drive motor vehicles that are modified without approval by such means as removing or disabling mufflers, or installing additional exhaust pipes to generate noise pollution through roaring, running fast, or otherwise. 　　

Whoever uses the audio system of a motor vehicle shall control the sound volume of the system to prevent noise pollution.　　

The repair and maintenance of motor vehicles shall be strengthened to maintain their fine technical performance and prevent and control noise pollution.

Article 48  Horns or other audio equipment of motor vehicles, locomotives, urban rail transit vehicles, and motor vessels in operation shall be used in compliance with relevant regulations. 　　

Alarming sirens on such motor vehicles as police cars, fire engines, engineering rescue vehicles, and ambulances shall be installed and used in accordance with the regulations of the public security department and other departments under the State Council. Alarming sirens shall not be used unless urgent tasks are performed.

Article 49  The competent department of ecology and environment of a local people’s government may, together with the public security department of the government, designate road sections and time periods in which the driving of motor vehicles or the use of horns or other sound devices is prohibited in light of the need to protect the acoustic environment, and make them public; and corresponding signs and markings shall be set up by the traffic management department of the public security organs in accordance with law.

Article 50  Where loudspeakers are used to direct operations at transport terminals, railway marshaling yards, and ports, their sound volume shall be controlled to reduce noise pollution.

Article 51  Highway maintenance and management entities and urban road maintenance and servicing entities shall strengthen the maintenance of highways and urban roads, and keep vibration and noise reduction facilities in normal functioning.

Urban rail transit operation entities and railway transport enterprises shall strengthen the maintenance of urban rail transit lines and vehicles, railway lines and locomotives, keep facilities for vibration and noise reduction in normal functioning, conduct monitoring in accordance with state regulations, keep original monitoring data, and be responsible for the authenticity and accuracy of monitoring data.

Article 52  The people's government of the place where a civil airport is located shall, based on the scope and severity of the impact of the noise from civil aircraft on the nearby living environment as determined by the environmental impact assessment and monitoring results, designate and exercise control over areas where construction of noise-sensitive buildings is prohibited or restricted.

No noise-sensitive building irrelevant to aviation shall be built in areas where the construction of noise-sensitive buildings is prohibited.　　

When there is the necessity to build noise-sensitive buildings in areas where the construction of noise-sensitive buildings is restricted, the developer shall adopt soundproof design for noise-sensitive buildings in order to meet the requirements of relevant design standards of the sound insulation of civil buildings.

Article 53  Civil aircraft shall meet requirements relevant to noise control in the airworthiness standards stipulated by the competent department of civil aviation under the State Council.

Article 54  The administrative bodies of civil airports are responsible for the management of noise from aircraft take-off and landing at the airports and, together with aviation transport enterprises, general aviation enterprises, air traffic management departments and other entities, adopt such measures as applying low-noise flying procedure, improving take-off and landing runways, controlling frequency and hours of flights, restricting loud-noise aircraft or installing soundproof or noise-reducing facilities for surrounding noise-sensitive buildings to prevent and reduce the noise pollution from civil aircraft.

The administrative body of a civil airport shall, in accordance with state regulations, monitor the noise emitted by civil aircraft in the vicinity of the airport, keep original monitoring results, be responsible for the authenticity and accuracy of monitoring data, and periodically report the monitoring results to the competent departments of civil aviation and ecology and environment.

Article 55  Where severe noise pollution is caused by the operation of highways, urban roads, and urban rail transit, the people's government of a city divided into districts or a county-level government shall organize relevant departments and other relevant entities to conduct investigation and assessment of the noise pollution, determine the accountability for the noise pollution, and formulate comprehensive plans for the treatment of noise pollution.　

Entities held accountable for noise pollution shall take management or engineering measures in accordance with the comprehensive plans to reduce noise pollution.

Article 56  Where severe noise pollution is caused by the operation of railway transport, the railway transport enterprises and the people's government at the level of a city divided into districts or a county shall conduct investigations and formulate comprehensive plans for the treatment of noise pollution.　　

The railway transport enterprises, the relevant departments of the people's government as mentioned above, and other relevant entities shall take effective measures in accordance with the comprehensive plans to reduce noise pollution.

Article 57  Where severe noise pollution is caused by the take-off and landing of civil aircraft, the people's government of the place where the civil airport is located shall organize relevant departments and other relevant entities to investigate the noise pollution, and formulate comprehensive plans for the treatment of noise pollution by considering economic, technical and management measures in an all-round way.

The administrative body of the civil airport, the local people's governments at all levels, and other relevant entities shall take effective measures in accordance with the comprehensive plans to reduce noise pollution.

Article 58  Opinions of relevant experts and the public shall be solicited when formulating comprehensive plans for the treatment of noise pollution.

Chapter VII  Prevention and Control of Neighborhood Noise Pollution

Article 59  For purposes of this Law, "neighborhood noise" refers to man-made noise other than industrial noise, construction noise, or traffic noise, which causes disturbances to the nearby living environment.

Article 60  All members of the society shall enhance the awareness of noise pollution prevention and control, consciously reduce neighborhood noise emissions, and actively carry out noise pollution prevention and control activities, so as to create a good atmosphere where everyone shares the responsibility for, participates in, and benefits from noise pollution prevention and control, and makes joint efforts to maintain a harmonious and tranquil living environment.

Article 61  The operators and managers of places for purposes such as culture and entertainment, sports, and catering shall take effective measures to prevent and abate noise pollution.

Article 62  Enterprises, public institutions, and other business operators and managers that use air conditioners, cooling towers, water pumps, fume purifiers, fans, generators, transformers, boilers, loading and unloading equipment, and other equipment and facilities that may cause neighborhood noise pollution shall take measures such as improving facility layout and centralizing discharge to prevent and abate noise pollution.

Article 63  It is prohibited to use tweeters or other methods that continuously and repeatedly emit loud noise for advertising in commercial activities.

For other noise generated in commercial activities, operators shall take effective measures to prevent noise pollution.

Article 64  It is prohibited to use tweeters in areas with concentrated noise-sensitive buildings, except in emergencies and special circumstances prescribed by local people's governments.

Anyone, when organizing or engaging in entertainment, fitness, and other activities at such public places as streets, squares, and parks, shall observe the regulations on the areas, time periods, sound volume, etc. of the activities formulated by public place managers and take effective measures to prevent noise pollution. It is prohibited to use audio equipment to generate excessive sound volume in violation of relevant regulations.

Managers of public places shall make reasonable stipulations on the areas, time periods, and sound volume limits for activities such as entertainment and fitness, and may take measures such as setting up automatic noise monitoring and display facilities to strengthen management.

Article 65  Families and their members shall develop good habits of reducing noise, try to avoid generating noise that disturbs others while using public transport, raising pets, or carrying out other daily activities, and resolve noise-related disputes through mutual understanding and accommodation, so as to jointly maintain the quality of the acoustic environment.

While using household appliances, playing musical instruments or carrying out other household activities, families and their members shall control the volume or take other effective measures to prevent noise pollution.

Article 66  Those who carry out the interior decoration of residential buildings, shops, office buildings, and other buildings that have been completed and delivered for use shall limit the operation time in accordance with relevant regulations, and take effective measures to prevent and abate noise pollution.

Article 67  The real estate developers of newly-built residential buildings shall publicize at sales areas the information on sources of noise that may affect these residential areas and the noise prevention and control measures taken or to be taken, and incorporate such information into the sales contracts.

The real estate developers of newly-built residential buildings shall specify in the sales contracts the locations of shared facilities and equipment and the sound insulation condition of the buildings.

Article 68  Where elevators, water pumps, transformers, and other shared facilities and equipment are installed in a residential area, the developer shall ensure facilities are reasonably installed, take measures to reduce vibrations and noise, and meet the relevant design standards of the sound insulation of civil buildings.

Elevators, pumps, transformers, and other shared facilities and equipment of residential areas that have been built and put into use shall be maintained and managed by professional operating entities and shall meet the relevant design standards of the sound insulation of civil buildings.

Article 69  Community-level people's self-governance organizations shall guide homeowners' committees, property service providers, and homeowners through the formulation of requirements for the prevention and control of noise pollution in the form of management covenant or otherwise in their corresponding property management areas, which shall be complied with by all the homeowners. 

Article 70  With regard to the acts of causing neighborhood noise in areas with concentrated noise-sensitive buildings, community-level people's self-governance organizations, homeowners' committees, and property service providers shall dissuade the noise makers and mediate in the matter in a timely manner; if the dissuasion or mediation fails, a report or complaint of the matter can be made to the department responsible for the supervision and administration of prevention and control of neighborhood noise pollution or other departments designated by the local people’s government. The department receiving the report or complaint shall handle the matter in accordance with law.

Chapter VIII  Legal Liability

Article 71  Whoever, in violation of the provisions of this Law, refuses or obstructs supervision and inspection, or resorts to deceit when accepting supervision and inspection, shall be ordered to make corrections and be fined not less than RMB 20,000 yuan but not more than RMB 200,000 yuan by the competent department of ecology and environment or other departments responsible for the supervision and administration of noise pollution prevention and control.

Article 72  Whoever, in violation of the provisions of this Law, produces, imports, or sells products that emit noise beyond the noise emission limits shall be ordered to make corrections, with the confiscation of the illegal proceeds and a fine of not less than one time but not more than three times the value of the products, by the department of market regulation of the people’s government at or above the county level and the customs in accordance with their respective functions and responsibilities; in case of serious circumstances, the violator shall be ordered to suspend business or close down upon the approval of the people's government with the power to approve.

Whoever, in violation of the provisions of this Law, produces, imports, sells, or uses obsolete equipment, or adopts obsolete techniques, shall be ordered to make corrections, with the confiscation of the illegal proceeds and a fine of not less than one time but not more than three times the value of the goods by the department designated by the people's government at or above the county level; in case of serious circumstances, the violator shall be ordered to suspend business or close down upon the approval of the people's government with the power to approve.

Article 73  Where a developer, in violation of the provisions of this Law, fails to meet relevant design standards of the sound insulation of civil buildings when constructing noise-sensitive buildings, the competent department of housing and urban-rural development of the local people's government at or above the county level shall order it to make corrections, and impose on it a fine of not less than 2% but not more than 4% of the construction project contract price.

Where a developer, in violation of the provisions of this Law, builds a new noise-sensitive building unrelated to aviation in an area where construction of noise-sensitive buildings is prohibited, the department designated by the local people's government shall order it to stop the violation of law, impose on it a fine of not less than 2% but not more than 10% of the construction project contract price, and order it to dismantle the building upon the approval of the people's government with the power to approve.

Article 74  Where an entity, in violation of the provisions of this Law, builds a new industrial enterprise that emits noise in an area with concentrated noise-sensitive buildings, the competent department of ecology and environment shall order it to stop the violation of law, impose on it a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan, and order it to close down upon the approval of the people's government that has the power to approve.

Where an entity, in violation of the provisions of this Law, rebuilds or expands an industrial enterprise in an area with concentrated noise-sensitive buildings without taking effective measures to prevent industrial noise pollution, the competent department of ecology and environment shall order it to make corrections, and impose on it a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan; if the violator refuses to make corrections, the department shall order it to close down upon the approval of the people's government with the power to approve.

Article 75  Where an entity, in violation of the provisions of this Law, discharges industrial noise without a pollutant discharge permit or in excess of the noise emission limits stipulated in relevant standards, the competent department of ecology and environment shall order it to make corrections, or restrict or suspend production for correction, and impose on it a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan; in case of serious circumstances, the department shall order it to suspend the operation or close down upon the approval of the people's government with the power to approve.

Article 76  In the case of either of the following circumstances in which the provisions of this Law are violated, the competent department of ecology and environment shall order the violator to make corrections, and impose on it a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan; if the violator refuses to make corrections, the department shall order it to restrict or suspend production for rectification:

(1) where an entity under a pollutant discharge permit system fails to conduct self-monitoring of industrial noise in accordance with relevant regulations, to keep original monitoring records, or to disclose monitoring results to the public;

(2) where a key noise pollution discharging entity fails to install, use, or maintain automatic noise monitoring equipment in accordance with state regulations, or to connect its monitoring equipment to that of the competent department of ecology and environment.

Article 77  Where a developer or contractor of a construction project commits any of the following acts in violation of the provisions of this Law, the department designated by the people's government of the place where the project is located shall order it to make corrections, and impose on it a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan; if the violator refuses to make corrections, the department may order it to suspend construction:

(1) emitting construction noise in excess of the noise emission limits stipulated in relevant standards;

(2) carrying out construction operations that generate noise at nighttime in areas with concentrated noise-sensitive buildings without obtaining a certificate as required by relevant regulations.

Article 78  In the case of any of the following circumstances in which the provisions of this Law are violated, the department designated by the people's government of the place where the project is located shall order the violator to make corrections and impose on it a fine of not less than RMB 5,000 yuan but not more than RMB 50,000 yuan; if the violator refuses to make corrections, the competent department shall impose on it a fine of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan:

(1) where a developer fails to include the cost of noise pollution prevention and control in the project budget as required by relevant regulations;

(2) where a contractor fails to formulate an implementation plan for the prevention and control of noise pollution in accordance with relevant regulations, or to take effective measures to reduce vibrations and noise;

(3) where a developer operates in areas with concentrated noise-sensitive buildings without setting up automatic noise monitoring systems in accordance with state regulations, connecting its equipment to that of the supervision and administration department, or keeping original monitoring records;

(4) where a developer fails to notify nearby residents in accordance with relevant regulations when continuous construction operations are required due to special needs.

Article 79  Whoever, in violation of the provisions of this Law, drives a motor vehicle with unauthorized modifications such as removing or disabling mufflers and installing additional exhaust pipes, and emits noise by roaring or running fast, fails to use audio devices according to relevant regulations when driving a motor vehicle, or drives a motor vehicle or uses audio devices in road sections or time periods in which the aforementioned acts are prohibited, shall be punished by the traffic management department of the public security organ of a local people’s government at or above the county level in accordance with laws and regulations on road traffic safety.

Whoever, in violation of the provisions of this Law, fails to use audio devices in accordance with relevant regulations when operating locomotives, urban rail transit vehicles, motor vessels, or other means of transportation shall be ordered to make corrections, and be fined not less than RMB 5,000 yuan but not more than RMB 10,000 yuan by the departments of transport, railway supervision and administration, maritime safety, or the department of urban rail transit designated by a local people's government in accordance with their respective functions and responsibilities.

Article 80  In the case of any of the following circumstances in which the provisions of this Law are violated, the violator shall be ordered to make corrections and be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan by the departments of transport, railway supervision and administration, civil aviation or the departments of urban roads and urban rail transit designated by a local people's government in accordance with their respective functions and responsibilities; whoever refuses to make corrections shall be fined not less than RMB 50,000 yuan but not more than RMB 200,000 yuan:

(1) where a highway maintenance and management entity, urban road maintenance and repair entity, urban rail transit operating entity, or railway transport enterprise fails to fulfill its maintenance obligations, or to maintain the normal operation of vibration and noise reduction facilities;

(2) where an urban rail transit operating entity or a railway transport enterprise fails to carry out monitoring in accordance with state regulations or to keep the original monitoring records;

(3) where the administrative body of a civil airport, air transport enterprise, or general aviation enterprise fails to take measures to prevent and abate noise pollution by civil aircraft;

(4) where the administrative body of a civil airport fails to monitor the noise from civil aircraft around the airport in accordance with state regulations, to keep the original monitoring records, or to regularly submit the monitoring results.

Article 81  Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered to make corrections and be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan by the department designated by a local people's government; those who refuse to make corrections shall be fined not less than RMB 50,000 yuan but not more than RMB 200,000 yuan and may be ordered to suspend business upon the approval of the people's government with the power to approve:

(1) emitting neighborhood noise in excess of the noise emission limits stipulated in relevant standards;

(2) using tweeters or other methods that continuously and repeatedly emit loud noise for advertising in commercial activities;

(3) failing to take effective measures against noise generated in commercial activities, thus causing noise pollution.

Article 82  Whoever, in violation of the provisions of this Law, commits any of the following acts shall accept persuasion and education by the department designated by a local people's government, and make corrections under the order of the department; those who refuse to make corrections shall be given a warning and may be fined not less than RMB 200 yuan but not more than RMB 1,000 yuan in the case of an individual, or not less than RMB 2,000 yuan but not more than RMB 20,000 yuan in the case of an entity:

(1) using tweeters in areas with concentrated noise-sensitive buildings;

(2) failing to comply with the regulations made by managers of public places on the areas, time periods, and sound volume of activities, to take effective measures to prevent noise pollution, or to use audio equipment in compliance with relevant regulations to avert too loud a sound, while organizing or carrying out entertainment, fitness, and other activities in public places;

(3) failing to comply with the specified operation time in accordance with relevant regulations, or to take effective measures to prevent noise pollution, in the course of indoor decoration of buildings that have been completed and delivered for use;

(4) other acts of causing neighborhood noise pollution in violation of law.

Article 83  The real estate developer of a newly built residential building that, in violation of the provisions of this Law, commits either of the following acts shall be ordered to make corrections and be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan by the real estate administrative department of a local people's government at or above the county level; those who refuse to make corrections shall be ordered to suspend sales:

(1) failing to make public the sources of noise that may affect these residential areas and the prevention measures taken or to be taken, or to include the above-mentioned information in the sales contract;

(2) failing to specify the location of shared facilities and equipment of the building or the sound insulation of the buildings in the sales contracts.

Article 84  In the case of either of the following circumstances in which provisions of this Law are violated, the violator shall be ordered to make corrections and be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan by the department designated by the local people's government; those who refuse to make corrections shall be fined not less than RMB 50,000 yuan but not more than RMB 200,000 yuan:

(1) shared facilities and equipment in a residential area are installed in an unreasonable way or without measures to reduce vibrations and noise, thus failing to meet the relevant design standards of the sound insulation of civil buildings;

(2) the shared facilities and equipment in a residential area that are completed and delivered for use are not maintained or managed by the professional operating entity, thus failing to meet the relevant design standards of the sound insulation of civil buildings.

Article 85  Whoever is in charge of supervision or administration of prevention and control of noise pollution but abuses his power, neglects his duty, or engages in malpractices for personal gains shall be punished by a supervisory organ or an organ or entity in charge of appointment and removal of personnel in accordance with law.

Article 86  Entities and individuals suffering from hazards of noise pollution have the right to request the tortfeasor to bear civil liability in accordance with law.

Disputes over the liability for and amount of compensation may, at the request of the parties concerned, be settled through mediation by a department responsible for the supervision and administration of noise pollution prevention and control or a people's mediation committee.

The state encourages entities, individuals, and managers of public places that emit noise to negotiate amicably with the entities and individuals suffering from hazards of noise, and properly resolve noise disputes by such means as adjusting the time of production, operation, or construction, taking measures to reduce vibrations and noise, paying compensation, and relocating.

Article 87  Anyone who, in violation of the provisions of this Law, generates neighborhood noise, fails to stop the violation after dissuasion, mediation, and handling, and continuously interferes with the normal life, work, and study of others, or commits other acts violating public security administration such as disrupting public order and obstructing social administration shall be given public security administration penalty by a public security organ in accordance with law.

Anyone whose violation of the provisions of this Law constitutes a crime shall be subject to criminal liability in accordance with law.

Chapter IX  Supplementary Provisions

Article 88  The followings are the definitions of some of the terms used in this Law:

(1) "noise emission" refers to the radiation of noise from its source into the nearby living environment;

(2) "Nighttime" refers to the period between 10:00 p.m. and 6:00 a.m. the next day. The people's governments at or above the level of a city divided into districts may separately stipulate the starting and ending times of nighttime in their administrative areas. The length of the nighttime period shall be eight hours;

(3) "Noise-sensitive buildings" refer to buildings for residence, scientific research, medical treatment and health care, culture and education, office work of Party and government organs or organizations, social welfare, etc. that need to be kept quiet;

(4) "Traffic trunk lines" refer to railways, expressways, grade I highways, grade II highways, urban expressways, urban trunk roads, urban secondary trunk roads, urban rail transit lines, and high-grade inland waterways.

Article 89  Provinces, autonomous regions, municipalities directly under the Central Government or cities divided into districts and autonomous prefectures shall formulate detailed regulations for the prevention and control of noise pollution in their administrative areas in light of local circumstances.

Article 90  This Law shall go into effect as of June 5, 2022. The Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution shall be repealed on the same date.