Article 1 For the purpose of guaranteeing the implementation of the overall planning on land utilization, bringing into full play the macro-control function of land supply and controlling the total volume of the land used for construction, the current Measures is formulated in accordance with the Land Administration Law of the People's Republic of China, the Regulations on the 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.

Article 2 A preliminary preview of land use for construction projects referred to in the Measures shall mean the review lawfully conducted by the administrative department of land and resources on land utilization matters involved in construction projects at the stages of approval, ratification and filing of construction projects.

Article 3 The preliminary review shall abide by the following principles:

(1) Complying with the overall planning on land utilization;

(2) Protecting cultivated land, especially basic farmland;

(3) Utilizing land rationally and intensively; and

(4) Complying with government policies on land supply.

Article 4 The land used for construction projects shall be subject to preliminary review at different levels.

The construction projects, which need to be reviewed and approved by the People's Government or by the development and reform department and other departments of the People's Government that have approval power, shall be preliminarily reviewed by the administrative department of land and resources of the People's Government.

The construction projects, which need to be ratified and filed, shall be preliminarily reviewed by the administrative department of land and resources at the same level with the ratification and filing organ.

Article 5 For a construction project that needs to be examined and approved, the entity using the land for construction shall file an application for preliminary review at the stage of feasibility study.

For a construction project that needs to be ratified, the entity using the land for construction shall file an application for preliminary review before applying for ratification.

For a construction project that needs to be filed, the entity using the land for construction shall file an application for preliminary review after handling the filing.

Article 6 For a construction project that shall be preliminarily examined by the Ministry of Land and Resources as required by Article 4 of the 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 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 give its opinions on the preliminary review, and transfer and submit them to the Ministry of Land and Resources.

As 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 an application for preliminary review to the Ministry of Land and Resources.

For small-sized and scattered land used for construction projects such as electrical wire tower bases, well drilling positions, and communication stations, in the case that a preliminary review of which should be completed by the Ministry of Land and Resources, the preliminary review should be conducted by the provincial level administrative department of land and resources, and be reported to the Ministry of Land and Resources for filing purposes.

Article 7 For any construction project that needs to be approved, the project proposals of which have been approved; and for any construction project that needs to be filed, the entity shall submit the following documents to apply for a preliminary review:

(1) The application form for the preliminary review of the land used for the construction project;

(2) The application report for preliminary review, which covers basic information on the planned construction project, the planned location, the basis for determining the planned area of land use and the indicators for use of land suitable for construction, the initial plan on supplementary cultivated land, the compensation fee for requisition of land and the planned arrangement for the mine-projects land reclamation fund;

(3) Reply documents to project proposals, or documents approving the filing of the project;

(4) A geologic hazard risk evaluation report on any construction project whose site can to be independently selected, and which is planned to be located in a region prone to geologic hazards as defined in the geologic hazard prevention planning; and

(5) Documents proving whether the construction project covers major mineral resources, as issued by the administrative department of land and resources in the region where the construction projects are sited and the site is separately selected.

For any construction project that needs approval, where the feasibility study report can be directly approved or where any construction project that needs to be ratified, the preceding documents required in Items (3), (4) and (5) need not be submitted when applying for a preliminary review of land use.

The application form for a preliminary review as prescribed in Paragraph 1 of this Article shall be uniformly formulated by the Ministry of Land and Resources.

Article 8 With respect to any construction project of which the feasibility study report needs to be directly examined and approved, or any construction project that needs to be checked and approved, the entity shall, upon completion of the preliminary review of land use and prior to the review and approval of land use, go through such formalities as geologic hazard risk assessment and certification of mineral resources coverage in accordance with relevant laws and regulations.

Article 9 When transferring and submitting the application for a preliminary review of land use, the administrative department of land and resources entrusted by the Ministry of Land and Resources to be responsible for the preliminary review shall provide the following documents: