Beijing Municipality, Measures for the Administration of Advance Land Use Examination of Construction Projects (Trial Implementation)

Issued: March 16 2006
Effective: May 1 2006
Applicability: The term "advance land use examination of construction projects" refers to the examination of the land use matters involved in a construction project carried out by the administrative department in charge of land and resources of the municipality in accordance with the law during the stages of examination and approval, check and approval, or record filing (Article 2). These Measures apply to construction projects that use state-owned land, or that expropriate or occupy collectively-owned land within the jurisdiction of the municipality, with the exception of construction projects such as irrigation channels for agricultural fields that does not change the land use for agricultural purpose (Article 3).

Main contents: The Measures set forth the different application procedures for advance land use examination for:
(1) government-invested construction projects in the examination and approval category whose project proposals and feasibility study reports are separately examined and approved;
(2) government-invested construction projects in the examination and approval category whose project proposals and feasibility study reports are examined and approved together, and non-government invested construction projects in the check and approval category; and
(3) non-government invested construction projects in the record-filing category (Article 5).
Main contents of the advance land use examination are as follows:
(1) whether the selection of the site for the construction project complies with the conditions specified in land administration laws and regulations, and whether it complies with the master land use plan;
(2) whether the construction project complies with state land supply policies;
(3) whether the land use standards and overall scale of the construction project comply with the relevant provisions; and
(4) for construction projects that occupy cultivated lands, whether the preliminary plan for supplementing cultivated land is feasible and whether the funds are secure (Article 9).
Related legislation: Decision Concerning Intensifying Reform and Rigorous Implementation of Land Administration, 2004; Measures for the Administration of the Advance Land Use Examination of Construction Projects, Jul 25 2001, CLP 2001 No.8 p.9 and Beijing Municipality, Circular Concerning Reform of the Procedures for Handling Fixed Asset Investment Projects in the Municipality, 2005