Thread Content
Ministry of Land and Resources, \"Administrative Measures for Pre-examination of Land Use for Construction Projects\", Order No. 42 of the Ministry of Land and Resources. The \"Administrative Measures for Pre-examination of Land Use for Construction Projects\" were amended and approved at the 13th ministerial meeting of the Ministry of Land and Resources on November 12, 2008; they are now hereby promulgated and shall come into force as of January 1, 2009. Minister Xu Shaoshi, November 29, 2008. Measures for the Preliminary Review of Land for Construction Projects (adopted at the 5th Ministry Meeting of the Ministry of Land and Resources on June 28, 2001; revised at the 9th Ministry Meeting of the Ministry of Land and Resources on October 29, 2004; amended at the 13th Ministry Meeting of the Ministry of Land and Resources on November 12, 2008). Article 1: These measures are formulated in order to ensure the implementation of the overall land use plan, give full play to the macro-control role of land supply, and control the total amount of land designated for construction purposes, in accordance with the Land Administration Law of the People’s Republic of China, the Regulations for the Implementation of the Land Administration Law of the People’s Republic of China, and the Decisions of the State Council on Deepening Reforms and Strengthening Land Management. Article 2 The pre-examination of land use for construction projects as referred to in these measures means that the land and resources administration department, during the stages of approval, authorization, and registration of construction projects, conducts a legal review of the land use matters related to such projects. Article 3 Pre-trial proceedings shall follow the following principles: (1) Compliance with the overall land use plan ； (II) Protect arable land, especially basic farmland ； (III) Rational and intensive use of land ； (IV) Complies with the **land supply policy. Article 4: Land for construction projects shall undergo hierarchical preliminary review. For construction projects that require approval from departments such as development and reform agencies **or the authorities with approval powers**, a preliminary review is conducted by the land and resources management department of said authorities. For construction projects that require approval and registration, a preliminary review is conducted by the land and resources management department at the same level as the agency responsible for approval and registration. Article 5: For construction projects that require approval, the entity responsible for the land use shall submit a pre-review application during the feasibility study phase. For construction projects that require approval, the project owner shall submit an application for pre-examination of land use prior to the approval of the project application report. After the record-filing procedures are completed for a construction project that requires such filing, the project owner submits an application for pre-examination of land use. Article 6: For construction projects that, in accordance with Article 4 of these measures, are to be pre-reviewed by the Ministry of Land and Resources, the Ministry shall delegate the task to the provincial land and resources administration department located in the area where the project is situated; however, if the construction project involves the use of land within the urban construction area designated in the plan, the task shall be delegated to the municipal land and resources administration department. After acceptance, preliminary opinions are submitted and forwarded to the Ministry of Land and Resources. For classified **projects and special construction projects approved by the State Council, the land-use entity can submit a pre-examination application directly to the Ministry of Land and Resources. Land for small-scale, scattered construction projects such as power line towers, drilling sites, and communication base stations, which should be subject to preliminary review by the Ministry of Land and Resources, shall be preliminarily reviewed by the provincial land and resources authorities and reported to the Ministry of Land and Resources for record-keeping. Article 7: For approval-type construction projects whose project proposals have been approved, as well as construction projects that require registration and for which a pre-examination of land use is needed, the following documents shall be submitted: (1) Application form for pre-examination of land use for construction projects ； (II) Application report for pre-examination of land use for construction projects, which includes information on the basic details of the proposed project, the area of land to be used, the basis for determining the land area to be utilized and the applicable indicators for construction land use, a preliminary plan for replenishing arable land, as well as estimates for land acquisition compensation costs and funds required for land reclamation in mining projects ； (III) Approval document for the project proposal or document approving the project registration ； (IV) If the site selected for a project that requires a separate location falls within an area identified in the geological disaster prevention plan as being prone to geological disasters, a geological disaster risk assessment report must be submitted ； (5) A certification from the land and resources management department of the area where the project is to be constructed, indicating whether important mineral resources are overlapped in that area. For construction projects that are approved directly for their feasibility study reports, as well as those that require approval, applications for pre-examination of land use do not need to include the materials specified in items (3), (4), and (5) of the preceding paragraph. The application form for pre-examination of land use specified in the first paragraph of this article shall be uniformly prescribed by the Ministry of Land and Resources. Article 8 For construction projects that require direct approval of their feasibility study reports and those that need to be approved, the project owners shall, after the preliminary land use review is completed but before applying for land use approval, carry out procedures such as geological disaster risk assessments and obtaining certifications regarding any overlap with mineral resources, in accordance with relevant laws and regulations. Article 9: The land and resources administration department entrusted by the Ministry of Land and Resources to carry out the preliminary review shall, when submitting the application for pre-examination of land use, provide the following materials: (1) Preliminary review opinions on the submitted materials in accordance with the relevant provisions of Article 11 of these measures. (II) The county-level or higher land use master plan maps and related drawings indicating the scope of the land designated for the project ； (III) In cases covered by Article 26 of the Land Administration Law, where the land required for a construction project necessitates amendments to the overall land use plan, a plan amendment proposal verified by relevant departments and experts, an assessment report on the impact of such amendments on plan implementation, and minutes of the hearings held regarding the plan amendments must be submitted. Article 10 The land and resources administration departments shall accept and receive pre-examination applications that meet the requirements of Article 7 of these Measures, as well as applications for preliminary review referred to in Article 9. If it does not meet the requirements, the applicant and the reporter shall be notified in writing on the spot or within five days; failure to notify within this time limit shall be deemed as acceptance and receipt. The land and resources administration department entrusted by the Ministry of Land and Resources to carry out the preliminary review shall complete such review within 20 days from the date of receipt and submit it to the Ministry of Land and Resources. Article 11 The pre-examination shall cover the following aspects: (1) Whether the site selection for the construction project is in line with the overall land use plan, and whether it meets the conditions stipulated by the land supply policies and relevant laws and regulations on land management ； (II) Does the scale of land required for the construction project comply with the relevant regulations on land use for construction purposes? ； (III) For construction projects that occupy arable land, is the preliminary plan for compensating for such land viable? ； (IV) Proposed allocation for land acquisition compensation and funds for land reclamation in mining projects ； (5) In cases covered by Article 26 of the Land Administration Law, where the land required for a construction project necessitates amendments to the overall land use plan, whether the proposed amendment plan and the assessment report on the impact of such amendments on the implementation of the plan comply with relevant laws and regulations. Article 12 The land and resources administration department shall complete the review within 20 days as of the date it accepts the pre-review application or receives the forwarded materials, and issue a pre-review opinion. If a pre-examination opinion cannot be issued within 20 days, it may be extended by 10 days upon approval by the person in charge of the land and resources administration department responsible for the pre-examination. Article 13 The pre-examination opinions shall include conclusive remarks on the contents stipulated in Article 11 of these measures, as well as specific requirements for the land-use applicant. Article 14: The pre-examination opinion is an essential document for the relevant departments to approve the project feasibility study report and endorse the project application report. Article 15: The validity period of the pre-examination documents for land use in construction projects is two years, starting from the date of approval. For projects that have already undergone pre-examination, if significant adjustments are needed to the land use or the location of the construction project, a new application for pre-examination must be submitted. Without prior review or in the event that the review is unsuccessful, the feasibility study report shall not be approved, nor shall the project application be authorized ； The conversion of agricultural land to other uses or the expropriation of land shall not be approved, nor shall any procedures for allocating land be carried out. Regarding the pre-review aspects, if no significant changes occur during the approval process for land use, no further review is required. Article 16 These measures shall come into force as of January 1, 2009.