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Pre Construction Project Land Management Practices (As Amended In 2008)

Original Language Title: 建设项目用地预审管理办法(2008年修正本)

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Pre construction project land management practices (as amended in 2008) (June 28, 2001 5th Ministerial meeting of the Ministry of land and resources by October 29, 2004, Ministry of land and resources of the 9th ministerial meeting of November 12, 2008 the Ministry 13th Ministerial Conference amendments released on November 29, 2008, Ministry of land and resources, the 42nd since as of January 1, 2009) first in order to ensure the overall land use planning to buy fertilizer, give full play to the macro-control of land supply, control of construction land total, according to the

    People's Republic of China land management law, the People's Republic of China regulations on implementation of the land management law and the decision of the State Council on deepening the reform of the strict land management, these measures are formulated.

    Article pre construction project land in these measures refers to land and resource management in the construction project approval, approval and filing stage, legal review of construction projects involve land-use matters.

    Article III the pre should be guided by the following principles:

    (A) land-use planning;

    (B) the protection of arable land, especially primary farmland;

    (C) rational and intensive use of land;

    (D) in line with national policy.

    Fourth project with graded examination.

    Be approved by the people's Government or the Government of the right development and reform Department approval of construction projects, land and resource management by the people's Government of the initial examination.

    Capital projects required for approval and for the record, filed with the approval, management of land and resources departments at the pre-trial.

    Article fifth required approval of construction projects in feasibility study stage and pre applications from construction units.

    Construction projects to be approved before the approval of the project application report, land pre-trial applications were submitted by construction unit.

    Construction projects needed for the record in the filing formalities, land pre-trial applications were submitted by construction unit. Sixth in accordance with this article fourth pre construction project of the Ministry of land and resources should be provided, commissioned by the Ministry of land and resources provincial land and resource management Department, where the project acceptance, but construction projects take up land within the plan of urban construction land, commissioned the municipal land and resource management to accept.

    After accepting proposed preliminary review opinions, go reported to the Ministry of land and resources.

    Secret military projects and special construction projects approved by the State Council, land pre-trial applications may be made directly to the Ministry of land and resources.

    Ministry of land and resources shall be responsible for the pre Taki's transmission lines, drilling wells, communications base stations and other small areas scattered construction projects, managed by the provincial land and resources department pre-trial, and reported to the Ministry of land and resources.

    Article seventh has approved the proposal of approving construction projects with record construction project that you want to apply for prequalification, shall submit the following materials:

    (A) construction project examining application form;

    (B) construction project pre application report, including the proposed project, proposed site covers an area of, the proposed area to determine the basis and application of the construction of arable land targets, supplemented by a preliminary programme, compensation costs, and proposed conditions of mine land reclamation project funding;

    (C) the approval document or project file of the project proposal approval documents;

    (D) separate sites proposed site sits on geological disaster prevention planning of construction project within the established geological disaster-prone areas, submitted to the geological hazard assessment report;

    (E) separate site area of construction project management of land and resources issued repeated documentation of important mineral resources.

    Direct approved feasibility study report of approving construction projects and construction projects to be approved, applications submitted by examining not the former subparagraph (c), (d), (e) materials.

    Specified in the first paragraph of this article with the pre application form prescribed by the Ministry of land and resources.

    Eighth direct approved feasibility study report of approving construction projects and construction projects to be approved, the project unit should be used with pre finished, before applying for approval, pursuant to the provisions of relevant laws and regulations, handle cover proved mineral resources in geological hazard risk assessment and procedures.

    Nineth commissioned by the Ministry of land and resources is responsible for the transfer of land and resource management in the first instance with pre-trial applications, should provide the following materials:

    (A) according to the rules the way to 11th, views on the preliminary review of the declarations made;

    (B) the annotations project scope above the county level overall land use planning and related maps;

    (C) belongs to the 26th article of the land management law, construction projects needed to modify the land use overall planning of land use, shall be issued by the relevant departments and expert planning changes, planning to modify the plan summary of the impact assessment report on the implementation and modification of the plan hearings. Article in accordance with the provisions of article seventh pre-trial application and instance article Nineth report, land and resource management Department shall accept and receive.

    Does not meet, or notify the applicant in writing in the 5th and the journalist, fails to notify is deemed accepted and received.

    Commissioned by the Ministry of land and resources management of land and resources departments responsible for trial shall be from the date of acceptance of the completed preliminary work in the 20th, and reported to the Ministry of land and resources.

    11th the pre should review the following:

    (A) the project site is in line with the overall land use planning is consistent with the national policy conditions and land management laws and regulations;

    (B) construction project land use compliance with the provisions of the relevant indices of construction land;

    (C) the cultivated land occupied by construction projects, feasibility of supplementary cultivated land in the preliminary programme;

    (D) the land compensation fees and mine land reclamation project funding of the proposed arrangements;

    (V) is the 26th article of the land management law, construction projects needed to modify the land use overall planning of land use, planning to amend the proposal, impact assessment report implementation of planning changes to planning and other legal provisions and regulations. 12th land and resource management Department shall accept the pre-trial applications or receive a transfer date of the material in the 20th, complete the review and issue pre-trial comments.

    20th cannot issue a pre-trial comments, approved by the responsible for the pre-trial management departments in charge of land and resources, you can extend the 10th.

    13th pre-trial comments shall include the present measures article 11th content of concluding observations and the specific requirements for building land.

    14th pre opinion for approval of project feasibility study, approval of the project application report of the necessary files. 15th construction project documents are valid for two years, calculated from the date of approval.

    Has the pre projects, such as land use, project site needs to make major changes, should re-apply for the pre. Without the pre or pre failed, not approved feasibility study, approval of the project application report shall not approve diversion of agricultural land, land expropriation, shall apply for the procedure.

    Pre review related content at the time of approval of construction land, no major changes, review would not be repeated. 16th in these measures come into force on January 1, 2009.