Regulations on the Handling of Boundary Disputes Between Administrative Areas

(1988年12月27日国务院第30次常务会议通过　1989年2月3日中华人民共和国国务院令第26号发布　自发布之日起施行)

(Adopted at the 30th Executive Meeting of the State Council on December 27, 1988, promulgated by Decree No. 26 of the State Council of the People's Republic of China on February 3, 1989, and effective as of the date of promulgation)

为了妥善处理行政区域边界争议，以利于安定团结，保障社会主义现代化建设的顺利进行，制定本条例。

These Regulations are formulated to properly handle boundary disputes between administrative areas, to facilitate stability and unity, and to ensure the smooth progress of socialist modernization.

本条例所称的边界争议是指省、自治区、直辖市之间，自治州、县、自治县、市、市辖区之间，乡、民族乡、镇之间，双方人民政府对毗邻行政区域界线的争议。

Boundary disputes as referred to in these Regulations mean disputes between the people's governments of both sides concerning the boundaries of adjacent administrative areas between provinces, autonomous regions, and municipalities directly under the Central Government; between autonomous prefectures, counties, autonomous counties, cities, and municipal districts; and between townships, ethnic townships, and towns.

处理因行政区域界线不明确而发生的边界争议，应当按照有利于各族人民的团结，有利于国家的统一管理，有利于保护、开发和利用自然资源的原则，由争议双方人民政府从实际情况出发，兼顾当地双方群众的生产和生活，实事求是，互谅互让地协商解决。经争议双方协商未达成协议的，由争议双方的上级人民政府决定。必要时，可以按照行政区划管理的权限，通过变更行政区域的方法解决。

Boundary disputes arising from unclear administrative area boundaries shall be handled in accordance with the principles of benefiting the unity of all ethnic groups, benefiting the unified management of the state, and benefiting the protection, development, and utilization of natural resources. The people's governments of both disputing parties shall, proceeding from the actual situation, taking into account the production and livelihood of the local people on both sides, seek a settlement through consultation in a practical and realistic manner, with mutual understanding and mutual accommodation. If no agreement is reached through consultation between the disputing parties, the decision shall be made by the superior people's government of the disputing parties. When necessary, the problem may be solved by changing the administrative areas in accordance with the authority for administrative division management.

解决边界争议，必须明确划定争议地区的行政区域界线。

To resolve a boundary dispute, the administrative area boundary of the disputed area must be clearly delineated.

下列已明确划定或者核定的行政区域界线，必须严格遵守：

The following administrative area boundaries that have been clearly delineated or verified must be strictly observed:

(一)根据行政区划管理的权限，上级人民政府在确定行政区划时明确划定的界线；

(1) Boundaries clearly delineated by the superior people's government when determining administrative divisions in accordance with the authority for administrative division management;

(二)由双方人民政府或者双方的上级人民政府明确划定的争议地区的界线；

(2) Boundaries of disputed areas clearly delineated by the people's governments of both sides or by their superior people's government;

(三)发生边界争议之前，由双方人民政府核定一致的界线。

(3) Boundaries verified and agreed upon by the people's governments of both sides before the occurrence of the boundary dispute.

争议双方人民政府的负责人，必须对国家和人民负责，顾全大局，及时解决边界争议，不得推诿和拖延。

The responsible persons of the people's governments of both disputing parties must be responsible to the state and the people, take the overall situation into consideration, and resolve boundary disputes in a timely manner, and must not shift responsibility or delay.

民政部是国务院处理边界争议的主管部门。

The Ministry of Civil Affairs is the competent department of the State Council for handling boundary disputes.

县级以上的地方各级人民政府的民政部门是本级人民政府处理边界争议的主管部门。

The civil affairs departments of local people's governments at or above the county level are the competent departments of the people's governments at the corresponding level for handling boundary disputes.

下列文件和材料，作为处理边界争议的依据：

The following documents and materials shall serve as the basis for handling boundary disputes:

(一)国务院(含政务院及其授权的主管部门)批准的行政区划文件或者边界线地图；

(1) Documents on administrative divisions or boundary line maps approved by the State Council (including the Government Administration Council and its authorized competent departments);

(二)省、自治区、直辖市人民政府批准的不涉及毗邻省、自治区、直辖市的行政区划文件或者边界线地图；

(2) Documents on administrative divisions or boundary line maps approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government that do not involve adjacent provinces, autonomous regions, or municipalities directly under the Central Government;

(三)争议双方的上级人民政府(含军政委员会、人民行政公署)解决边界争议的文件和所附边界线地图；

(3) Documents and attached boundary line maps for resolving boundary disputes issued by the superior people's government of the disputing parties (including military and political committees and people's administrative offices);

(四)争议双方人民政府解决边界争议的协议和所附边界线地图；

(4) Agreements and attached boundary line maps for resolving boundary disputes concluded by the people's governments of both disputing parties;

(五)发生边界争议之前，经双方人民政府核定一致的边界线文件或者盖章的边界线地图。

(5) Boundary line documents or stamped boundary line maps verified and agreed upon by the people's governments of both sides before the occurrence of the boundary dispute.

解放以后直至发生边界争议之前的下列文件和材料，作为处理边界争议的参考：

The following documents and materials from after liberation up to before the occurrence of the boundary dispute shall serve as references for handling boundary disputes:

(一)根据有关法律的规定，确定自然资源权属时核发的证书；

(1) Certificates issued when determining the ownership of natural resources in accordance with relevant laws;

(二)有关人民政府在争议地区行使行政管辖的文件和材料；

(2) Documents and materials concerning the exercise of administrative jurisdiction by the relevant people's governments in the disputed area;

(三)争议双方的上级人民政府及其所属部门，或者争议双方人民政府及其所属部门，开发争议地区自然资源的决定或者协议；

(3) Decisions or agreements on the development of natural resources in the disputed area made by the superior people's government of the disputing parties and its subordinate departments, or by the people's governments of both disputing parties and their subordinate departments;

(四)根据有关政策的规定，确定土地权属的材料。

(4) Materials determining land ownership in accordance with relevant policies.

本条例第七条、第八条规定以外的任何文件和材料，均不作为处理边界争议的依据和参考。

Any documents and materials other than those specified in Articles 7 and 8 of these Regulations shall not be used as the basis or reference for handling boundary disputes.

边界争议发生后，争议双方人民政府必须采取有效措施防止事态扩大。任何一方都不得往争议地区迁移居民，不得在争议地区设置政权组织，不准破坏自然资源。

After a boundary dispute occurs, the people's governments of both disputing parties must take effective measures to prevent the situation from escalating. Neither party may relocate residents into the disputed area, establish political organizations in the disputed area, or destroy natural resources.

严禁聚众闹事、械斗伤人，严禁抢夺和破坏国家、集体和个人的财产。发生群众纠纷时，争议双方人民政府必须立即派人到现场调查处理，并报告争议双方的上一级人民政府。

It is strictly forbidden to gather crowds to create disturbances, engage in armed conflicts causing injury, or seize and destroy state, collective, or personal property. When mass disputes occur, the people's governments of both disputing parties must immediately send personnel to the scene to investigate and handle the matter, and report to the people's government at the next higher level of both disputing parties.

省、自治区、直辖市之间的边界争议，由有关省、自治区、直辖市人民政府协商解决；经协商未达成协议的，双方应当将各自的解决方案并附边界线地形图，报国务院处理。

Boundary disputes between provinces, autonomous regions, and municipalities directly under the Central Government shall be resolved through consultation between the relevant people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government; if no agreement is reached through consultation, both parties shall submit their respective solutions along with boundary line topographic maps to the State Council for handling.

国务院受理的省、自治区、直辖市之间的边界争议，由民政部会同国务院有关部门调解；经调解未达成协议的，由民政部会同国务院有关部门提出解决方案，报国务院决定。

Boundary disputes between provinces, autonomous regions, and municipalities directly under the Central Government accepted by the State Council shall be mediated by the Ministry of Civil Affairs together with relevant departments under the State Council; if mediation fails to reach an agreement, the Ministry of Civil Affairs together with relevant departments under the State Council shall propose a solution and submit it to the State Council for decision.

省、自治区、直辖市境内的边界争议，由争议双方人民政府协商解决；经协商未达成协议的，双方应当将各自的解决方案并附边界线地形图，报双方的上一级人民政府处理。

Boundary disputes within a province, autonomous region, or municipality directly under the Central Government shall be resolved through consultation between the people's governments of both disputing parties; if no agreement is reached through consultation, both parties shall submit their respective solutions along with boundary line topographic maps to the people's government at the next higher level of both parties for handling.

争议双方的上一级人民政府受理的边界争议，由其民政部门会同有关部门调解；经调解未达成协议的，由民政部门会同有关部门提出解决方案，报本级人民政府决定。

Boundary disputes accepted by the people's government at the next higher level of both disputing parties shall be mediated by its civil affairs department together with relevant departments; if mediation fails to reach an agreement, the civil affairs department together with relevant departments shall propose a solution and submit it to the people's government at that level for decision.

经双方人民政府协商解决的边界争议，由双方人民政府的代表在边界协议和所附边界线地形图上签字。

Boundary disputes resolved through consultation between the people's governments of both parties shall be signed by the representatives of both people's governments on the boundary agreement and the attached boundary line topographic map.

争议双方人民政府达成的边界协议，或者争议双方的上级人民政府解决边界争议的决定，凡不涉及自然村隶属关系变更的，自边界协议签字或者上级人民政府解决边界争议的决定下达之日起生效。

A boundary agreement reached between the people's governments of both disputing parties, or a decision by the people's government at the higher level of both disputing parties to resolve the boundary dispute, shall take effect from the date of signing the boundary agreement or the date of issuance of the decision by the higher-level people's government, provided that it does not involve changes in the affiliation of natural villages.

争议双方人民政府达成的边界协议，或者上级人民政府解决边界争议的决定，凡涉及自然村隶属关系变更的，必须按照《国务院关于行政区划管理的规定》中有关行政区域界线变更的审批权限和程序办理。

If a boundary agreement reached between the people's governments of both disputing parties, or a decision by the higher-level people's government to resolve the boundary dispute, involves changes in the affiliation of natural villages, it must be handled in accordance with the approval authority and procedures for changes in administrative division boundaries as stipulated in the 'Regulations of the State Council on the Administration of Administrative Divisions'.

争议双方人民政府达成的边界协议，或者争议双方的上级人民政府解决边界争议的决定生效后，由争议双方人民政府联合实地勘测边界线，标绘大比例尺的边界线地形图。

After a boundary agreement reached between the people's governments of both disputing parties, or a decision by the higher-level people's government to resolve the boundary dispute, takes effect, the people's governments of both disputing parties shall jointly conduct on-site survey of the boundary line and draw a large-scale boundary line topographic map.

实地勘测的边界线地形图，经双方人民政府盖章后，代替边界协议或者上级人民政府解决边界争议的决定所附的边界线地形图。

The boundary line topographic map surveyed on-site, after being sealed by both people's governments, shall replace the boundary line topographic map attached to the boundary agreement or the decision by the higher-level people's government to resolve the boundary dispute.

地方人民政府处理的边界争议，必须履行备案手续。争议双方人民政府达成的边界协议，由双方人民政府联合上报备案；争议双方的上级人民政府解决边界争议的决定，由作出决定的人民政府上报备案。上报备案时，应当附实地勘测的边界线地形图。

Boundary disputes handled by local people's governments must go through the filing procedures. A boundary agreement reached between the people's governments of both disputing parties shall be jointly filed by both people's governments; a decision by the higher-level people's government to resolve the boundary dispute shall be filed by the people's government that made the decision. When filing, the on-site surveyed boundary line topographic map shall be attached.

省、自治区、直辖市之间的边界协议，上报国务院备案。

Boundary agreements between provinces, autonomous regions, and municipalities directly under the Central Government shall be filed with the State Council.

自治州、自治县的边界协议或者上级人民政府解决边界争议的决定，逐级上报国务院备案。

Boundary agreements of autonomous prefectures and autonomous counties, or decisions by higher-level people's governments to resolve boundary disputes, shall be filed level by level with the State Council.

县、市、市辖区的边界协议或者上级人民政府解决边界争议的决定，逐级上报民政部备案。

Boundary agreements of counties, cities, and municipal districts, or decisions by higher-level people's governments to resolve boundary disputes, shall be filed level by level with the Ministry of Civil Affairs.

乡、民族乡、镇的边界协议或者上级人民政府解决边界争议的决定，逐级上报本省(自治区、直辖市)人民政府备案。

Boundary agreements of townships, ethnic townships, and towns, or decisions by higher-level people's governments to resolve boundary disputes, shall be filed level by level with the people's government of the province (autonomous region, municipality directly under the Central Government).

边界争议解决后，争议双方人民政府必须认真执行边界协议或者上级人民政府解决边界争议的决定，向有关地区的群众公布正式划定的行政区域界线，教育当地干部和群众严格遵守。

After a boundary dispute is resolved, the people's governments of both disputing parties must conscientiously implement the boundary agreement or the decision by the higher-level people's government to resolve the boundary dispute, announce the officially delimited administrative boundary line to the people in the relevant areas, and educate local cadres and the masses to strictly abide by it.

争议双方人民政府的负责人，违反本条例的规定，玩忽职守，致使公共财产、国家和人民利益遭受较大损失的，应当给予行政处分；造成重大损失，构成犯罪的，依法追究刑事责任。

If the responsible persons of the people's governments of both disputing parties, in violation of the provisions of these Regulations, neglect their duties, causing relatively large losses to public property, state interests, or people's interests, they shall be given administrative sanctions; if serious losses are caused and a crime is constituted, criminal liability shall be pursued according to law.

违反本条例第十条的规定，情节较重的，对直接责任人员和其他肇事者，分别给予行政处分、治安管理处罚；情节严重，构成犯罪的，依法追究刑事责任。

If the provisions of Article 10 of these Regulations are violated and the circumstances are relatively serious, the directly responsible persons and other perpetrators shall be given administrative sanctions or public security penalties respectively; if the circumstances are serious and a crime is constituted, criminal liability shall be pursued according to law.

行政区域边界划定后，违反本条例的规定越界侵权造成损害的，当事一方可以向有管辖权的人民法院起诉。

After the administrative boundary is delimited, if a party violates the provisions of these Regulations by crossing the boundary and causing damage, the aggrieved party may file a lawsuit with the people's court that has jurisdiction.

本条例由民政部负责解释。

These Regulations shall be interpreted by the Ministry of Civil Affairs.

本条例自发布之日起施行。1981年5月30日国务院发布的《行政区域边界争议处理办法》同时废止。

These Regulations shall come into force as of the date of promulgation。1981year5month30promulgated by the State Council on《Measures for Handling Disputes over Administrative Area Boundaries》shall be repealed simultaneously。