Barrier-free Environment Creation Law of the People's Republic of China

Barrier-free Environment Creation Law of the People's Republic of China

Order of the President of the People's Republic of China

(No. 6)

The Barrier-free Environment Creation Law of the People's Republic of China, as adopted at the 3rd session of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on June 28, 2023, is hereby issued, and shall come into force on September 1, 2023.

Xi Jinping, President of the People's Republic of China

June 28, 2023

Barrier-free Environment Creation Law of the People's Republic of China

(Adopted at the 3rd session of the Standing Committee of the Fourteenth National People's Congress on June 28, 2023)

Table of Contents

Chapter I General Provisions

Chapter II Construction of Barrier-Free Facilities

Chapter III Barrier-free Information Exchange

Chapter IV Barrier-free Public Services

Chapter V Guarantee Measures

Chapter VI Supervision and Administration

Chapter VII Legal Liability

Chapter VIII Supplemental Provision

Chapter I General Provisions

Article 1 This Law is enacted according to the Constitution and relevant laws for the purposes of strengthening the creation of barrier-free environments, supporting persons with disabilities and elderly persons in equally, fully, and easily participating in and being included in public life, promoting the sharing of economic and social development achievements by all members of society, and promoting the core socialist values.

Article 2 The state shall take measures to advance the creation of barrier-free environments and facilitate persons with disabilities and elderly persons in independently and safely traveling the roads, entering and exiting buildings, using their ancillary facilities, taking public transportation vehicles, acquiring, using, and exchanging information, and gaining access to public services, among others.

A person who needs barrier-free access other than a person with a disability or an elderly person may enjoy the accommodation provided by a barrier-free environment.

Article 3 The creation of barrier-free environments shall adhere to the leadership of the Communist Party of China, maximize the leading role of the government, motivate market participants, guide social organizations and the public in extensive participation, and promote the joint creation, joint governance, and sharing by whole society.

Article 4 The creation of barrier-free environments shall be combined with age-friendly improvements and follow the principles of safety, easiness, practicality, feasibility, and inclusive benefit.

Article 5 The creation of barrier-free environments shall fit the level of economic and social development, be in coordination with the development of urban and rural areas, and gradually narrow the gap in the creation of barrier-free environments between urban and rural areas.

Article 6 People's governments at or above the county level shall include the creation of barrier-free environments in their national economic and social development plans, incorporate the required funds into the budget at the corresponding level, and establish a stable funding guarantee mechanism.

Article 7 People's governments at or above the county level shall provide overall coordination for, urge, and direct relevant departments to effectively create barrier-free environments within their purview.

The housing and urban-rural development, civil affairs, industry and information technology, transportation, natural resources, culture and tourism, education, health, and other departments of people's governments at or above the county level shall create barrier-free environments within their respective purview.

Township people's governments and sub-district offices shall assist the relevant departments to create barrier-free environments.

Article 8 Federations of persons with disabilities, aging associations, and other organizations shall assist people's governments at all levels and their relevant departments to effectively create barrier-free environments in accordance with laws, regulations, and their respective charters.

Article 9 For formulation or revision of laws, regulations, rules, plans, and other normative documents related to the creation of barrier-free environments, comments shall be requested from the representatives of persons with disabilities and elderly persons and from federations of persons with disabilities, aging associations, and other organizations.

Article 10 The state shall encourage and provide support for enterprises, public institutions, social organizations, individuals, and other sectors of society to participate in the creation of barrier-free environments by donation, voluntary services, and other means.

The state shall support international exchanges and cooperation in the creation of barrier-free environments.

Article 11 Entities and individuals with notable achievements in the creation of barrier-free environments shall be commended and rewarded according to the relevant provisions issued by the state.

Chapter II Construction of Barrier-free Facilities

Article 12 A newly constructed, converted, or expanded residential building, residential area, public building, public place, transportation facility, or urban or rural road, among others, shall meet the standards for the construction of barrier-free facility projects.

A barrier-free facility shall be planned, designed, constructed, inspected, accepted, and delivered for use concurrently with the main project and effectively connected and integrated with surrounding barrier-free facilities.

A barrier-free facility shall bear barrier-free signs that meet the standards and are incorporated into the signage in the surrounding environment or inside the building.

Article 13 The state shall encourage project owners, designers, construction contractors, and other entities to adopt advanced concepts and technologies to build barrier-free facilities that are oriented towards people, systematic, intelligent, and fit for the surrounding environment.

Article 14 A project owner shall include the funds for the construction of barrier-free facilities in the estimated budget of project construction.

A project owner shall neither expressly or impliedly instruct a designer or construction contractor to violate the standards for the construction of barrier-free facility projects nor deliver a barrier-free facility that has not undergone or fails to pass the acceptance inspection for use without authorization.

Article 15 A project designer shall develop design in accordance with the standards for the construction of barrier-free facility projects.

Where the law requires examination of shop drawing design documents, a shop drawing examination institution shall examine the design of barrier-free facilities in accordance with laws, regulations, and the standards for the construction of barrier-free facility projects and fail the design that does not comply with the relevant provisions.

Article 16 A project construction contractor or supervision entity shall construct or supervise a barrier-free facility in accordance with shop drawing design documents and relevant standards.

Housing and urban-rural development and other authorities shall deny recordation formalities for acceptance inspection upon completion to any barrier-free facility which fails to undergo or pass an acceptance inspection in accordance with laws, regulations, and the standards for the construction of barrier-free facility projects.

Article 17 The state shall encourage project owners to invite representatives of persons with disabilities and elderly persons, federations of persons with disabilities, aging associations, and other organizations to participate in submission of comments, free trial, and other events during the planning, design, acceptance inspection upon completion, and other stages of construction, conversion, and expansion projects.

Article 18 For existing residential buildings, residential areas, public buildings, public places, transportation facilities, and urban and rural roads, among others, which do not meet the standards for the construction of barrier-free facility projects, people's governments at or above the county level shall, according to actual circumstances, develop and organize the implementation of targeted barrier-free facility improvement plans.

An owner or manager shall be responsible for barrier-free facility improvements. Where the owner, manager, and user agree on responsibility for improvements, the agreed responsible person shall be responsible.

If the conditions for barrier-free facility improvements are not met, the responsible person shall take necessary alternative measures.

Article 19 People's governments at or above the county level shall support and guide families in making barrier-free facility improvements. Appropriate grants shall be given to families with persons with disabilities and elderly persons.

Residents' committees, villagers' committees, residential area management and service entities, and owners' committees shall support and cooperate in families' barrier-free facility improvements.

Article 20 An entity with a qualified percentage or number of employees with disabilities shall construct and improve barrier-free facilities in accordance with relevant standards and requirements.

The state shall encourage employers to construct and improve barrier-free facilities in workplaces and provide necessary working conditions and accommodation for employees with disabilities.

Article 21 For newly constructed, converted, and expanded public buildings, public places, transportation facilities, and public service facilities in residential areas, accessory barrier-free facilities shall be constructed in accordance with the standards for the construction of barrier-free facility projects; existing buildings, places, and facilities above which do not meet the standards for the construction of barrier-free facility projects shall be improved as necessary.

Article 22 The state shall support the installation of elevators or other barrier-free facilities in existing multi-story residential buildings in urban residential complexes to provide accommodation for persons with disabilities and elderly persons.

People's governments at or above the county level and their relevant departments shall take measures, create conditions, and bring community and primary organizations into play, to promote the installation of elevator......