(1) Opinions from the preliminary review of submitted documents in accordance with relevant provisions in Article 11 of the Measures;

(2) The drawing on the overall planning on land utilization at the county level or above, which indicates the scope of land used for the project, and other relevant drawings; and

(3) Where, under the circumstances 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 following materials shall be submitted: the amended planning which has been discussed and proved by relevant departments and experts, an evaluation report on how the amendment will affect the implementation of the planning and the minutes of the hearing on amending the planning.

Article 10 The administrative department of land and resources shall accept the applications for preliminary review that accord with Article 7 of the Measures. For any application or document that does not conform with the provisions, the administrative department of land and resources shall either on the spot or within five days, inform, in written form, the applicant or the organ that has transferred and submitted the documents. If the department fails to inform, the application or document shall be deemed as having been received and accepted.

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 from the acceptance of the application, finish the preliminary review, and transfer and submit the application to the Ministry of Land and Resources.

Article 11 A preliminary review shall include the following contents:

(1) Whether the selected locality of the land used for construction projects accords with the overall planning on land utilization; and whether it conforms to the government policies on land supply and the conditions prescribed in land administration laws and regulations;

(2) Whether the scale of land used for the construction project complies with relevant provisions on the indexes of land used for construction;

(3) Whether the initial plan on the supplementary cultivated land is feasible;

(4) The planned arrangement for the compensation fees for land requisition and the capital for land reclamation of mine projects; and

(5) Whether the proposal on amending the planning and the evaluation report on how the amendment will affect the implementation of the planning comply with laws and regulations, in the case of any land used for a construction project demands the amendment of the overall planning of land utilization, as prescribed in Article 26 of the Land Administration Law of the People's Republic of China.

Article 12 The administrative department of land and resources shall, within 20 days from the acceptance of the application for preliminary review or from the receipt of the transferred and submitted documents, finish the review and issue its opinions from the preliminary review. If it fails to issue its opinions from the preliminary review within 20 days, the period may be extended for 10 more days, with the approval of the person in charge of the preliminary review in the administrative department of land and resources.

Article 13 The opinions from the preliminary review shall include conclusions on the contents prescribed in Article 11 of the Measures, and concrete requirements on the entity using the land for construction.

Article 14 The opinions from the preliminary review are prerequisite for approving the project's feasibility study report and for ratifying the application report of the construction project.

Article 15 The valid period of a preliminary review document regarding the land use for a construction project shall be two years from the date of approval. Where, in a preliminarily examined project, major adjustments need to be made on the purpose of the land use or the locality of the construction project, the entity concerned shall reapply for a preliminary review.

Where the construction project has not been preliminarily examined or fails to pass the preliminary review, the project's feasibility study report can not be approved and its application report can not be ratified; the relevant land for agriculture use shall not be allowed to be converted into that for construction use or be requisitioned, nor shall it go through the land supply procedures. Where no major change is made to the relevant content of the preliminary review when the land used for construction is reported for approval, the review shall not be repeated.

Article 16 The Measures shall come into force on January 1, 2009.

Source: www.fdi.gov.cn