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Article 1. These Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, the Regulation on Implementation of the Land Administration Law of the People's Republic of China and the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration in order to guarantee the implementation of the overall planning on land utilization, bring into full play the macro-control function of land supply, and control the total amount of the land for construction use. Article 2. The preliminary examination of the land used for construction projects, as mentioned in these Measures, shall mean the examination lawfully conducted by the administrative department of land and resources on land utilization matters involved in construction projects at the stages of examination, ratification and archiving of construction projects. Article 3. The preliminary examination shall comply with the following principles: (1) Conforming to the overall planning on land utilization; (2) Protecting cultivated land, especially basic farmland; (3) Rationally and intensively utilizing land; and (4) Conforming to the land supply policies of the state. Article 4. The land used for construction projects shall be subject to preliminary examination at different levels. The construction projects which need to be examined and approved by a people's government or by the development and reform department, etc. of a people's government, which has approval power, shall be preliminarily examined by the administrative department of land and resources of the people's government. The construction projects which need to be ratified and archived shall be preliminarily examined by the administrative department of land and resources at the same level as that of the ratification and archiving organ. Article 5. For a construction project which needs to be examined and approved and which is at the stage of feasibility study, the entity using the land for construction shall file the application for preliminary examination. For a construction project which needs to be ratified and archived, the entity using the land for construction shall file the application for preliminary examination before applying for ratification and archiving. Article 6. For a construction project which shall be preliminarily examined by the Ministry of Land and Resources as required by Article 4 of these Measures, the Ministry of Land and Resources shall entrust the administrative department of land and resources at the provincial level at the locality of the project to accept the application. However, if the construction project occupies the land within the scope of urban land for construction use as determined in the planning, the administrative department of land and resources at the city level shall be entrusted to accept the application. After acceptance of the application, the said administrative department shall propose its opinions from preliminary examination, and transfer and submit them to the Ministry of Land and Resources. With respect to the land used for secret-involving military projects or particular construction projects approved by the State Council, the entity using the land for construction may directly file the application for preliminary examination to the Ministry of Land and Resources. The small-size fragmentary land used for construction projects in respect of electrical wire tower bases, well drilling positions, communication stations, etc., which ought to be preliminarily examined by the Ministry of Land and Resources, shall be preliminarily examined by the administrative department of land and resources at the provincial level, and be reported to the Ministry of Land and Resources for archival purposes. Article 7. An entity using the land for construction shall, when applying for preliminary examination, submit the following documents: (1) the application form for preliminary examination of the land used for the construction project; (2) the application report for preliminary examination, whose contents include the basic information on the project under planned construction, the location under planned selection, the total scale of land under planned use, type of land under planned use, and initial plan on supplementing cultivated land; and (3) the approval document on the project proposal and the project feasibility study report in case of a construction project subject to examination and approval. If the approval on the project proposal and the project feasibility study report are combined, only the project feasibility study report needs to be submitted. The application form for preliminary examination, which is prescribed in Paragraph 1 of this Article, shall be uniformly formulated by the Ministry of Land and Resources. Article 8. The administrative department of land and resources entrusted by the Ministry of Land and Resources to be responsible for preliminary examination shall, when transferring and submitting the application for preliminary examination on use of land, provide the following documents: (1) opinions from preliminary examination, whose contents include whether the land in planned use for the construction project conforms to the overall planning on land utilization, whether it conforms to the policies of the state on land supply, whether the standard and total scale of the land to be used conform to the relevant provisions, and whether the initial plan on supplementing cultivated land is feasible, and so on; (2) the drawing on overall planning at the county level or above on land utilization, which indicates the scope of land used for the project, and other relevant drawings, as well; and (3) If, under the circumstances as prescribed in Article 26 of the Land Administration Law of the People's Republic of China, the land used for a construction project demands the amendment of the overall planning on land utilization, the proposal on amending the planning, which has been demonstrated by the relevant department and experts, the evaluation report on the impacts of the construction project to the implementation of the planning, and the minutes of the hearing on amending the planning shall be submitted. Article 9. The administrative department of land and resources shall accept and take over the applications for preliminary examination which conform to Article 7 of these Measures, and the transferred and submitted documents from preliminary examination which conform to Article 8. If any application or document does not conform to the provisions, the administrative department of land and resources shall either at present or within 5 days notify the applicant or the organ that transferred and submitted the documents in writing, if the department fails to inform, the application or document shall be deemed as having been accepted and taken over. The administrative department of land and resources entrusted by the Ministry of Land and Resources to be responsible for the preliminary examination shall, within 20 days as of acceptance of the application, complete preliminary examination, and transfer and submit the application to the Ministry of Land and Resources. Article 10. The main contents for preliminary examination are as follows: (1) Whether the selected locality of the land used for construction projects conforms to the overall planning on land utilization, and whether it fulfills the conditions prescribed in laws and regulations on land administration; (2) Whether the construction project conforms to the policies of the state on land supply; (3) Whether the standard and total scale of the land used for the construction project conform to the relevant provisions; (4) Whether the initial plan on supplementing cultivated land is feasible and whether the funds are guaranteed if any cultivated land is occupied; and (5) In case of any land used for a construction project under the circumstances as prescribed in Article 26 of the Land Administration Law of the People's Republic of China, which demands the amendment of the overall planning on land utilization, whether the proposal on amending the planning, the evaluation report on the impacts of the construction project to the implementation of the planning, etc. conform to the laws and regulations. Article 11. The administrative department of land and resources shall, within 20 days as of acceptance of the application for preliminary examination or as of receipt of the transferred and submitted documents, complete the examination, and issue its opinions from preliminary examination. If it is unable to issue its opinions from preliminary examination within 20 days, the period may be extended for ten days more upon approval of the responsible person of the administrative department of land and resources in charge of the preliminary examination. Article 12. The opinions from preliminary examination shall include the conclusive opinions on the contents prescribed in Article 10 of these Measures, and the specific requirements on the entity using the land for construction. Article 13. The opinions from preliminary examination are the must documents for the construction project to be approved and ratified. The requirements in the opinions from preliminary examination in such aspects as the standard and total scale of the land to be used, etc. shall be taken into full consideration at the stage of initial design of the construction project. The entity using the land for construction shall carefully and earnestly implement the opinions from preliminary examination, and shall, when lawfully applying for using the land, issue a written document on earnestly implementing the opinions from preliminary examination. Article 14. The validity period of an approval document of preliminary examination of the land used for a construction project shall be two years as of the approval date. If, in a preliminarily examined project, major adjustments need to be made concerning the purpose of the land, the locality of the construction project, etc., the party concerned shall re-apply for preliminary examination. Article 15. The preliminary examination shall be completed in accordance with these Measures prior to the ratification or examination and approval of a construction project. If the construction project has not been preliminarily examined or fails to pass the preliminary examination, the party concerned shall not be approved to convert the land for agricultural use into that for construction use or to have the land requisitioned, nor shall it be permitted to go through the land supply procedures. Article 16. These Measures shall come into force on December 1, 2004. |
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