the People's Republic of China Administrative Reconsideration Law

(Adopted at the Ninth Meeting of the Standing Committee of the Ninth National People's Congress on April 29, 1999. Revised for the first time according to the Decision on Amending Some Laws at the Tenth Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009. Revised for the second time at the Fifth Meeting of the Standing Committee of the Fourteenth National People's Congress on September 1, 2017)

　　Directory

Chapter I General Provisions

Chapter II Application for Administrative Reconsideration

Section 1 Scope of Administrative Reconsideration

Section 2 Participants in Administrative Reconsideration

Section III Application

Section IV Jurisdiction over Administrative Reconsideration

Chapter III Acceptance of Administrative Reconsideration

Chapter IV Administrative Reconsideration Trial

Section 1 General Provisions

Section 2 Evidence of Administrative Reconsideration

Section 3 Ordinary Procedures

Section IV Summary Procedure

Section 5 Incidental Review of Administrative Reconsideration

Chapter V Administrative Reconsideration Decision

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

　　Chapter I General Provisions

Article 1 In order to prevent and correct illegal or improper administrative acts, protect the legitimate rights and interests of citizens, legal persons and other organizations, supervise and guarantee the administrative organs to exercise their functions and powers according to law, play the role of administrative reconsideration as the main channel to resolve administrative disputes, and promote the construction of a government ruled by law, this law is formulated in accordance with the Constitution.

Article 2 If a citizen, a legal person or any other organization considers that an administrative act of an administrative organ infringes upon his or its lawful rights and interests, it shall file an application for administrative reconsideration with the administrative reconsideration organ, and this Law shall be applicable to the handling of administrative reconsideration cases by the administrative reconsideration organ.

The administrative acts referred to in the preceding paragraph include the administrative acts of organizations authorized by laws, regulations and rules.

Article 3 The work of administrative reconsideration shall adhere to the leadership of the Communist Party of China.

When performing administrative reconsideration duties, administrative reconsideration organs shall follow the principles of legality, fairness, openness, high efficiency, convenience for the people, and for the people, insist on correcting errors, and ensure the correct implementation of laws and regulations.

Article 4 The people's governments at or above the county level and other administrative organs that perform administrative reconsideration duties in accordance with this Law are administrative reconsideration organs.

The administrative reconsideration organ is the administrative reconsideration organ. The administrative reconsideration body shall, at the same time, organize and handle the administrative response matters of the administrative reconsideration organ.

The administrative reconsideration organ shall strengthen the administrative reconsideration work, support and guarantee the administrative reconsideration organ to perform its duties according to law. The administrative reconsideration body at a higher level shall guide and supervise the administrative reconsideration work of the administrative reconsideration body at a lower level.

The administrative reconsideration body of the State Council may issue guiding cases for administrative reconsideration.

Article 5 An administrative reconsideration organ may conduct mediation in handling administrative reconsideration cases.

Mediation shall follow the principles of legality and voluntariness, shall not harm the interests of the State, the public and the legitimate rights and interests of others, and shall not violate the mandatory provisions of laws and regulations.

Article 6 The State shall establish a team of specialized and professional administrative reconsideration personnel.

Those who are engaged in administrative reconsideration work for the first time in administrative reconsideration institutions shall obtain legal professional qualifications through the national unified legal professional qualification examination and participate in unified pre-employment training.

The administrative reconsideration body of the State Council shall, in conjunction with the relevant departments, formulate work norms for administrative reconsideration personnel and strengthen the professional assessment and management of administrative reconsideration personnel.

Article 7 The administrative reconsideration organ shall ensure that the staffing of the administrative reconsideration organ is compatible with the tasks it undertakes, improve the professional quality of the administrative reconsideration personnel, and guarantee the case handling places, equipment and other facilities according to the work needs. People's governments at or above the county level shall include the funds for administrative reconsideration work in their budgets.

Article 8 The administrative reconsideration organ shall strengthen the construction of informatization and use modern information technology to facilitate citizens, legal persons or other organizations to apply for and participate in administrative reconsideration, so as to improve the quality and efficiency of work.

Article 9 Units and individuals that have made outstanding achievements in the work of administrative reconsideration shall be commended and rewarded in accordance with the relevant provisions of the State.

Article 10 If a citizen, legal person or other organization is not satisfied with the administrative reconsideration decision, he may bring an administrative lawsuit to the people's court in accordance with the provisions of the the People's Republic of China Administrative Procedure Law, except that the administrative reconsideration decision is the final ruling as stipulated by law.

　　Chapter II Application for Administrative Reconsideration

Section 1 Scope of Administrative Reconsideration

Article 11 Under any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:

The (I) is not satisfied with the administrative penalty decision made by the administrative organ;

(II) the administrative organs to make administrative compulsory measures, administrative enforcement decisions;

When an (III) applies for an administrative license, the administrative organ refuses or fails to reply within the statutory time limit, or refuses to accept other decisions on the administrative license made by the administrative organ;

The (IV) is not satisfied with the decision made by the administrative organ to confirm the ownership or the right to use the natural resources;

The (V) is not satisfied with the decision on expropriation and requisition and its compensation made by the administrative organ;

The (VI) is not satisfied with the compensation decision or the non-compensation decision made by the administrative organ;

The (VII) is not satisfied with the decision made by the administrative organ not to accept the application for work-related injury determination or the conclusion of work-related injury determination;

The (VIII) considers that the administrative organ has infringed upon its autonomy in operation or the right to contracted management of rural land or the right to management of rural land;

(IX) that administrative organs abuse their administrative power to exclude or restrict competition;

(X) that administrative organs have illegally raised funds, apportioned expenses, or illegally demanded the performance of other obligations;

(11) The administrative organ refuses to perform, fails to perform in accordance with the law, or fails to respond to the application for the administrative organ to perform its statutory duties of protecting the legitimate rights and interests of the person, property rights, and the right to education;

(12) Applying for the administrative organ to pay social security such as pension, social insurance treatment or minimum living security according to law, but the administrative organ fails to pay according to law;

(13) It is considered that the administrative organ fails to conclude, perform in accordance with the law, fail to perform in accordance with the agreement, or illegally change, terminate the government franchise agreement, land and housing expropriation compensation agreement and other administrative agreements;

(14) believing that an administrative organ has infringed upon its legitimate rights and interests in the process of opening government information;

(15) believing that other administrative acts of administrative organs infringe upon their legitimate rights and interests.

Article 12 The following matters do not fall within the scope of administrative reconsideration:

(I) national defense, foreign affairs and other state acts;

(II) administrative regulations, rules, or generally binding decisions, orders and other normative documents formulated and issued by administrative organs;

(III) the decisions of administrative organs on rewards, punishments, appointments and dismissals of personnel of administrative organs;

Mediation of civil disputes by (IV) administrative organs.

Article 13: Citizens, legal persons, or other organizations believe that the following regulatory documents on which the administrative actions of an administrative agency are based are illegal, and when applying for administrative reconsideration of an administrative act, they may also submit an additional review of the regulatory documents to the administrative reconsideration agency. Application:

(I) normative documents of State Council departments;

(II) the normative documents of local people's governments at or above the county level and their working departments;

(III) the normative documents of the people's governments of townships and towns;

Normative documents of organizations authorized by (IV) laws, regulations and rules.

The normative documents listed in the preceding paragraph do not contain regulations. The review of rules shall be handled in accordance with laws and administrative regulations.

Section 2 Participants in Administrative Reconsideration

Article 14 A citizen, legal person or other organization that applies for administrative reconsideration in accordance with this Law is an applicant.

If a citizen who has the right to apply for administrative reconsideration dies, his near relatives may apply for administrative reconsideration. If a legal person or other organization that has the right to apply for administrative reconsideration terminates, the person who accepts its rights and obligations may apply for administrative reconsideration.

If a citizen who has the right to apply for administrative reconsideration is a person without civil capacity or a person with limited civil capacity, his legal representative may apply for administrative reconsideration on his behalf.

Article 15 If there are a large number of applicants for the same administrative reconsideration case, the applicants may elect representatives to participate in the administrative reconsideration.

The representative's participation in the administrative reconsideration shall have effect on the applicant it represents, but if the representative changes the request for administrative reconsideration, withdraws the application for administrative reconsideration, or recognizes the request of a third party, the consent of the representative applicant shall be obtained.

Article 16 Citizens, legal persons or other organizations other than the applicant that have an interest in the administrative act or the outcome of the administrative reconsideration case applied for administrative reconsideration may apply for administrative reconsideration as a third party, or be notified by the administrative reconsideration agency to participate in administrative reconsideration as a third party.

If the third party does not participate in the administrative reconsideration, it shall not affect the hearing of the administrative reconsideration case.

Article 17 An applicant or a third party may entrust one or two lawyers, grass-roots legal service workers or other agents to participate in the administrative reconsideration on their behalf.

If the applicant or a third party entrusts an agent, it shall submit a power of attorney, the identity documents of the principal and the principal to the administrative reconsideration institution. The power of attorney shall state the entrustment matters, authority and duration. If the applicant or the third party changes or removes the authority of the agent, it shall inform the administrative reconsideration body in writing.

Article 18 Where an applicant for administrative reconsideration who meets the conditions for legal aid applies for legal aid, the legal aid institution shall provide legal aid to him in accordance with the law.

Article 19 Where a citizen, a legal person or any other organization is dissatisfied with an administrative act and applies for administrative reconsideration, the administrative organ that made the administrative act or the organization authorized by the law, regulations or rules shall be the defending party of the application.

Where two or more administrative organs undertake the same administrative act in a joint name, the administrative organ that jointly undertake the administrative act is the respondent.

Where an administrative act is undertaken by an organization entrusted by an administrative organ, the entrusting administrative organ is the respondent.

If the administrative organ that made the administrative act is revoked or its functions and powers are changed, the administrative organ that continues to exercise its functions and powers is the respondent.

Section III Application

Article 20: Citizens, legal persons, or other organizations that believe that an administrative act infringes their lawful rights and interests may file an application for administrative reconsideration within 60 days from the date when they know or should have known the administrative act; but the application period exceeds 60 days..

If the statutory time limit for application is delayed due to force majeure or other justifiable reasons, the time limit for application shall continue to be calculated from the date on which the obstacle is removed.

When an administrative organ makes an administrative act, if it fails to inform a citizen, legal person or other organization of the right to apply for administrative reconsideration, the administrative reconsideration organ and the time limit for application, the time limit for application shall be calculated from the date when the citizen, legal person or other organization knows or should know the right to apply for administrative reconsideration, the administrative reconsideration organ and the time limit for application, but the maximum period from the date when the citizen knows or should know the content of administrative reconsideration should know the administrative reconsideration.

Article 21 If an application for administrative reconsideration filed for immovable property exceeds 20 years from the date of the administrative act, and other applications for administrative reconsideration exceed five years from the date of the administrative act, the administrative reconsideration organ shall not accept it.

Article 22 An applicant applying for administrative reconsideration may apply in writing; if it is difficult to apply in writing, it may also apply orally.

If the application is made in writing, the application for administrative reconsideration may be submitted by mail or through Internet channels designated by the administrative reconsideration organ, or the application for administrative reconsideration may be submitted in person. If an administrative organ delivers a written decision on an administrative act through an Internet channel, it shall also provide an Internet channel for submitting an application for administrative reconsideration.

In the case of an oral application, the administrative reconsideration organ shall record on the spot the basic information of the applicant, the request for administrative reconsideration, the main facts, reasons and time of the application for administrative reconsideration.

If the applicant is not satisfied with two or more administrative acts, he shall apply for administrative reconsideration separately.

Article 23 under any of the following circumstances, the applicant shall first apply to the administrative reconsideration organ for administrative reconsideration, and if he is not satisfied with the administrative reconsideration decision, he may bring an administrative lawsuit to the people's court according to law:

The (I) is not satisfied with the decision on administrative penalty made on the spot;

(II) the decision of an administrative organ that infringes upon the right to own or use the natural resources it has acquired in accordance with the law;

The (III) considers that an administrative organ fails to perform its statutory duties as stipulated in Article 11 of this Law;

(IV) application for government information disclosure, the administrative organ does not disclose;

(V) laws and administrative regulations shall first apply to the administrative reconsideration organ for administrative reconsideration of other circumstances.

In the circumstances specified in the preceding paragraph, the administrative organ shall, when making an administrative act, inform the citizens, legal persons or other organizations to apply to the administrative reconsideration organ for administrative reconsideration.

Section IV Jurisdiction over Administrative Reconsideration

Article 24 The local people's governments at or above the county level shall have jurisdiction over the following administrative reconsideration cases:

(I) refuses to accept the administrative act made by the working department of the people's government at the corresponding level;

(II) refusing to accept an administrative act made by the people's government at the next lower level;

(III) refuses to accept an administrative act made by an agency established according to law by the people's government at the corresponding level;

(IV) refuses to accept an administrative act made by an organization authorized by laws, regulations or rules administered by the people's government at the corresponding level or its working department.

In addition to the provisions of the preceding paragraph, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall also have jurisdiction over administrative reconsideration cases that are not satisfied with the administrative acts made by their own organs.

The dispatched organs established by the people's governments of provinces and autonomous regions according to law shall have jurisdiction over relevant administrative reconsideration cases with reference to the functions and powers of the people's governments at the municipal level divided into districts.

Administrative reconsideration cases that are not satisfied with the administrative acts made in the name of the dispatched offices established by the working departments of the local people's governments at or above the county level in accordance with the provisions of laws, regulations and rules shall be under the jurisdiction of the people's governments at the same level.

Article 25 The departments under the State Council shall have jurisdiction over the following administrative reconsideration cases:

The (I) refuses to accept the administrative act made by the department;

The (II) is not satisfied with the administrative act made in the name of the agency established by the department in accordance with the provisions of laws, administrative regulations, and departmental rules;

The (III) refuses to accept the administrative act made by the organization authorized by the law, administrative regulations or departmental rules under the administration of the department.

Article 26 If an administrative reconsideration decision made by the people's government of a province, autonomous region or municipality directly under the Central Government in accordance with the provisions of paragraph 2 of Article 24 of this Law or by a department under the State Council in accordance with the provisions of paragraph 1 of Article 25 of this Law, it may bring an administrative lawsuit to the people's court; it may also apply to the State Council for a ruling, which shall make a final ruling in accordance with the provisions of this Law.

Article 27 Anyone who refuses to accept the administrative acts of the administrative organs under the vertical leadership of the customs, finance, foreign exchange control, taxation and state security organs shall apply to the competent department at the next higher level for administrative reconsideration.

Article 28 If anyone is dissatisfied with the administrative act of the judicial administrative department of the local people's government that performs the functions of the administrative reconsideration body, he may apply for administrative reconsideration to the people's government at the corresponding level, or to the judicial administrative department at the next higher level.

Article 29 If a citizen, legal person or other organization applies for administrative reconsideration, and the administrative reconsideration organ has accepted it according to law, it shall not bring an administrative lawsuit to the people's court during the period of administrative reconsideration.

If a citizen, legal person or other organization brings an administrative lawsuit to a people's court, and the people's court has accepted it according to law, it shall not apply for administrative reconsideration.

　　Chapter III Acceptance of Administrative Reconsideration

Article 30 After receiving an application for administrative reconsideration, the administrative reconsideration organ shall conduct an examination within five days. The administrative reconsideration organ shall accept the case where the following provisions are met:

(I) there are definite applicants and respondents who meet the requirements of this Law;

(II) the applicant has an interest in the administrative act for which the application for administrative reconsideration is made;

(III) there are specific administrative reconsideration requests and reasons;

(IV) within the statutory application period;

(V) fall within the scope of administrative reconsideration as provided for in this Law;

The (VI) falls within the jurisdiction of this organ;

(VII) administrative reconsideration organ has not accepted the application for administrative reconsideration filed by the applicant for the same administrative act, and the people's court has not accepted the administrative lawsuit filed by the applicant for the same administrative act.

For an application for administrative reconsideration that does not conform to the provisions of the preceding paragraph, the administrative reconsideration organ shall decide not to accept the application and explain the reasons within the time limit for examination; if it does not fall under the jurisdiction of the organ, it shall also inform the applicant of the administrative reconsideration organ with jurisdiction in the decision on inadmissibility.

If the administrative reconsideration organ fails to make a decision not to accept the application upon the expiration of the examination period, the application shall be deemed to have been accepted from the date of expiration of the examination period.

Article 31 If the application materials for administrative reconsideration are incomplete or unclear, and it is impossible to judge whether the application for administrative reconsideration conforms to the provisions of the first paragraph of Article 30 of this Law, the administrative reconsideration organ shall notify the applicant in writing within five days from the date of receipt of the application. The notice of correction shall state the matters that need to be corrected at one time.

The applicant shall submit the supplementary materials within ten days from the date of receiving the notice of correction. If the correction cannot be made on schedule for justifiable reasons, the administrative reconsideration organ may extend the reasonable time limit for correction. If the applicant fails to make corrections within the time limit without justifiable reasons, it shall be deemed that the applicant has abandoned the application for administrative reconsideration and shall be recorded.

After receiving the supplementary materials, the administrative reconsideration organ shall handle the matter in accordance with the provisions of Article 30 of this Law.

Article 32 If an application for administrative reconsideration is filed against an administrative penalty decision made on the spot or based on the illegal facts recorded by electronic technology monitoring equipment, an application for administrative reconsideration may be submitted through the administrative organ that made the administrative penalty decision.

After receiving the application for administrative reconsideration, the administrative organ shall handle it in a timely manner; if it deems it necessary to maintain the decision on administrative punishment, it shall transmit it to the administrative reconsideration organ within five days from the date of receiving the application for administrative reconsideration.

Article 33 After accepting an application for administrative reconsideration, if an administrative reconsideration organ finds that the application for administrative reconsideration does not comply with the provisions of the first paragraph of Article 30 of this Law, it shall decide to reject the application and explain the reasons.

Article 34 Where laws and administrative regulations stipulate that an application for administrative reconsideration shall be filed with the administrative reconsideration organ first, and an administrative lawsuit shall be filed with the people's court if the administrative reconsideration organ decides not to accept or reject the application or fails to reply beyond the administrative reconsideration period after acceptance, the citizen, legal person or other organization may, within 15 days from the date of receipt of the decision or from the date of expiration of the administrative reconsideration period, to file an administrative lawsuit with the people's court in accordance with the law.

Article 35: Where a citizen, legal person, or other organization files an application for administrative reconsideration in accordance with the law, and the administrative reconsideration agency refuses to accept or rejects the application without justifiable reasons, or does not respond after the administrative reconsideration period has expired after acceptance, the applicant has the right to report to the higher-level administrative agency. The higher-level administrative organ shall order it to correct; when necessary, the higher-level administrative reconsideration organ may directly accept it.

　　Chapter IV Administrative Reconsideration Trial

Section 1 General Provisions

Article 36 After accepting the application for administrative reconsideration, the administrative reconsideration organ shall, in accordance with this Law, apply the ordinary procedure or the summary procedure for the trial. The administrative reconsideration body shall designate administrative reconsideration personnel to be responsible for handling administrative reconsideration cases.

Administrative reconsideration personnel shall keep confidential the state secrets, commercial secrets and personal privacy that they learn in the process of handling administrative reconsideration cases.

Article 37 Administrative reconsideration organs shall hear administrative reconsideration cases in accordance with laws, regulations and rules.

In handling cases of administrative reconsideration in a national autonomous area, the administrative reconsideration organ shall, at the same time, follow the regulations on autonomy and separate regulations of the national autonomous area.

Article 38 An administrative reconsideration organ at a higher level may, as necessary, hear an administrative reconsideration case under the jurisdiction of an administrative reconsideration organ at a lower level.

If an administrative reconsideration organ at a lower level considers that an administrative reconsideration case under its jurisdiction needs to be tried by an administrative reconsideration organ at a higher level, it may report to the administrative reconsideration organ at a higher level for a decision.

Article 39 The administrative reconsideration shall be suspended under any of the following circumstances during the administrative reconsideration:

(I) the citizen who is the applicant dies, his close relatives have not yet determined whether to participate in the administrative reconsideration;

(II) the citizen who is the applicant loses the capacity to participate in the administrative reconsideration, and has not yet determined the legal representative to participate in the administrative reconsideration;

The whereabouts of the (III) citizen as applicant are unknown;

The legal person or other organization of the (IV) as the applicant terminates, and the person to whom the rights and obligations are to be borne has not been determined;

(V) the applicant and the respondent are unable to participate in the administrative reconsideration due to force majeure or other justifiable reasons;

If the (VI) conducts conciliation or conciliation in accordance with the provisions of this Law, the applicant and the respondent agree to suspension;

(VII) administrative reconsideration cases involving the application of law issues need to be interpreted or confirmed by the competent authorities;

The trial of (VIII) administrative reconsideration cases needs to be based on the results of other cases, which have not yet been concluded;

(IX) any of the circumstances prescribed in Article 56 or 57 of this Law;

(X) other circumstances requiring suspension of administrative reconsideration.

After the reasons for the suspension of administrative reconsideration are eliminated, the trial of the administrative reconsideration case shall be resumed in a timely manner.

The administrative reconsideration organ shall inform the parties in writing of the suspension or resumption of the trial of an administrative reconsideration case.

Article 40 During the period of administrative reconsideration, if the administrative reconsideration organ suspends the administrative reconsideration without justifiable reasons, the administrative organ at a higher level shall order it to resume the trial.

Article 41 If one of the following circumstances occurs during the administrative reconsideration, the administrative reconsideration organ shall decide to terminate the administrative reconsideration:

If the (I) applicant withdraws the application for administrative reconsideration, the administrative reconsideration institution shall approve the withdrawal;

(II) the citizen as the applicant dies, there is no close relative or his close relative waives the right to administrative reconsideration;

(III) the legal person or other organization as the applicant terminates, there is no rights and obligations to accept or its rights and obligations to accept the person to give up the right to administrative reconsideration;

(IV) the applicant refuses to accept the administrative detention or administrative compulsory measures restricting personal freedom, after applying for administrative reconsideration, he is suspected of committing a crime for the same illegal act and is taken criminal compulsory measures;

If the (V) suspends the administrative reconsideration in accordance with the provisions of the first, second and fourth paragraphs of the first paragraph of Article 39 of this law for 60 days, the reasons for the suspension of the administrative reconsideration have not been eliminated.

Article 42 The execution of an administrative act shall not be suspended during the period of administrative reconsideration; however, the execution shall be suspended under any of the following circumstances:

(I) the respondent deems it necessary to cease execution;

(II) the administrative reconsideration organ deems it necessary to stop the execution;

If the (III) applicant or a third party applies for suspension of execution, the administrative reconsideration organ considers its request reasonable and decides to suspend execution;

Other circumstances under which the execution is suspended (IV) to the provisions of laws, regulations and rules.

Section 2 Evidence of Administrative Reconsideration

Article 43 Evidence of administrative reconsideration shall include:

(I) documentary evidence;

(II) physical evidence;

(III) audio-visual materials;

(IV) electronic data;

(V) witness testimony;

(VI) the statements of the parties;

(VII) appraisal opinions;

(VIII) inspection records and on-site records.

The above evidence can be used as the basis for determining the facts of an administrative reconsideration case only if it is verified by the administrative reconsideration body.

Article 44 The respondent shall bear the burden of proof for the legality and appropriateness of the administrative act it has undertaken.

Under any of the following circumstances, the applicant shall provide evidence:

If the (I) believes that the respondent has failed to perform its statutory duties, it shall provide evidence that the respondent has been required to perform its statutory duties, except where the respondent shall perform its statutory duties on its own initiative or the applicant is unable to provide it for legitimate reasons;

If the (II) makes a request for administrative compensation, it shall provide evidence of damage caused by the administrative act, but if the applicant is unable to provide evidence due to the reasons of the respondent, the respondent shall bear the burden of proof;

(III) other circumstances where the applicant is required to provide evidence as prescribed by laws and regulations.

Article 45 The administrative reconsideration organ shall have the right to investigate and collect evidence from relevant units and individuals, consult, copy and obtain relevant documents and materials, and make inquiries from relevant personnel.

When investigating and collecting evidence, the administrative reconsideration personnel shall not be less than two, and shall produce the administrative reconsideration work certificate.

The units and individuals under investigation and evidence collection shall actively cooperate with the administrative reconsideration personnel, and shall not refuse or obstruct.

Article 46 During the period of administrative reconsideration, the respondent shall not collect evidence from the applicant and other relevant units or individuals on its own; the evidence collected on its own shall not be used as the basis for determining the legality and appropriateness of the administrative act.

During the period of administrative reconsideration, if the applicant or a third party does not provide reasons or evidence when the administrative act for which the application for administrative reconsideration is made, the respondent may supplement the evidence with the consent of the administrative reconsideration body.

Article 47 during the period of administrative reconsideration, the applicant, the third party and their entrusted agents may consult and copy the written reply submitted by the respondent, the evidence, basis and other relevant materials for the administrative act in accordance with the provisions, except for the circumstances involving state secrets, commercial secrets, personal privacy or may endanger national security, public security and social stability, the administrative reconsideration body shall agree.

Section 3 Ordinary Procedures

Article 48 The administrative reconsideration body shall, within seven days from the date of acceptance of the application for administrative reconsideration, send a copy of the application for administrative reconsideration or a copy of the written record of the application for administrative reconsideration to the respondent. The respondent shall, within ten days from the date of receiving the copy of the application for administrative reconsideration or the copy of the administrative reconsideration application record, submit a written reply and submit the evidence, basis and other relevant materials for the administrative act.

Article 49 For administrative reconsideration cases that apply ordinary procedures, the administrative reconsideration agency shall listen to the opinions of the parties in person or through the Internet, telephone, etc., and record the opinions heard. If the party concerned is unable to hear the opinions, it may be heard in writing.

50th trial of major, difficult and complex administrative reconsideration cases, the administrative reconsideration body shall organize a hearing.

If the administrative reconsideration body deems it necessary to have a hearing, or if the applicant requests a hearing, the administrative reconsideration body may organize a hearing.

One administrative reconsideration officer shall serve as the presiding officer, two or more administrative reconsideration officers shall serve as hearing officers, and one recorder shall make the hearing record.

Article 51 Where an administrative reconsideration body organizes a hearing, it shall notify the parties in writing of the time and place of the hearing and the matters to be heard five days before the hearing is held.

If the applicant refuses to participate in the hearing without justifiable reasons, it shall be deemed to have waived the right to the hearing.

The person in charge of the respondent shall attend the hearing. If it is unable to participate, it shall explain the reasons and entrust the corresponding staff to participate in the hearing.

Article 52 The people's governments at or above the county level shall establish administrative reconsideration committees with the participation of relevant government departments, experts, scholars, etc., to provide advisory opinions for the handling of administrative reconsideration cases, and to study major issues and common issues in the administrative reconsideration work. Put forward opinions. The specific measures for the composition and work of the administrative reconsideration committee shall be formulated by the administrative reconsideration body of the State Council.

Where the trial of an administrative reconsideration case involves any of the following circumstances, the administrative reconsideration body shall request the Administrative Reconsideration Committee to give advisory opinions:

(I) the case is significant, difficult and complex;

(II) professional, technical strong;

(III) the administrative reconsideration cases specified in the second paragraph of Article 24 of this Law;

(IV) administrative reconsideration bodies consider it necessary.

The administrative reconsideration body shall record the advisory opinions of the administrative reconsideration committee.

Section IV Summary Procedure

Article 53 If an administrative reconsideration organ considers that the facts are clear, the relationship between rights and obligations is clear, and the dispute is not serious in the following administrative reconsideration cases, the summary procedure may be applied:

(I) the administrative act for which an application for administrative reconsideration is made on the spot;

(II) the administrative act for which an application for administrative reconsideration is a warning or a notice of criticism;

(III) cases involved less than $3,000;

(IV) belongs to the case of government information disclosure.

In administrative reconsideration cases other than those specified in the preceding paragraph, if the parties agree to apply the summary procedure, the summary procedure may be applied.

Article 54 For an administrative reconsideration case that applies summary procedures, the administrative reconsideration agency shall, within three days from the date of accepting the administrative reconsideration application, send a copy of the administrative reconsideration application or a copy of the administrative reconsideration application record to the respondent. The respondent shall, within five days from the date of receiving the copy of the application for administrative reconsideration or the copy of the administrative reconsideration application record, submit a written reply and submit the evidence, basis and other relevant materials for the administrative act.

Administrative reconsideration cases that are subject to summary procedure may be heard in writing.

55th application of summary procedures for administrative reconsideration cases, administrative reconsideration bodies think it is not appropriate to apply summary procedures, approved by the person in charge of the administrative reconsideration body, can be transferred to ordinary proceedings.

Section 5 Incidental Review of Administrative Reconsideration

Article 56 If the applicant submits an application for incidental examination of the relevant normative documents in accordance with the provisions of Article 13 of this Law, and the administrative reconsideration organ has the power to handle it, it shall handle it according to law within 30 days; if it has no right to handle it, it shall be within seven days Transfer to the administrative organ that has the power to handle it according to law.

Article 57 when examining the administrative act made by the respondent, the administrative reconsideration organ considers that its basis is illegal, and if the organ has the right to deal with it, it shall deal with it according to law within 30 days; if it has no right to deal with it, it shall transfer it to the state organ that has the right to deal with it within seven days.

Article 58 Where an administrative reconsideration organ has the power to deal with relevant normative documents or bases in accordance with the provisions of Articles 56 and 57 of this Law, the administrative reconsideration organ shall, within three days from the date of suspension of the administrative reconsideration, notify in writing the normative document or the formulating organ on which the basis is based to submit a written reply on the legality of the relevant provisions. The formulating organ shall submit a written reply and relevant materials within 10 days from the date of receipt of the written notice.

When the administrative reconsideration body deems it necessary, it may request the normative document or the formulation organ on which it is based to explain the reasons in person, and the formulation organ shall cooperate.

Article 59 the administrative reconsideration organ shall have the right to deal with the relevant normative documents or basis in accordance with the provisions of articles 56 and 57 of this law, and if it considers the relevant provisions to be legal, it shall inform them together in the administrative reconsideration decision; if it considers that the relevant provisions exceed the authority or violate the superior law, it shall decide to stop the implementation of the provisions and order the enacting organ to correct them.

Article 60 The administrative organ or state organ that accepts the transfer in accordance with the provisions of Articles 56 and 57 of this Law shall, within 60 days from the date of receipt of the transfer, reply the handling opinions to the administrative reconsideration organ that transmitted it.

　　Chapter V Administrative Reconsideration Decision

Article 61 When an administrative reconsideration organ hears an administrative reconsideration case in accordance with this Law, the administrative reconsideration organ shall examine the administrative act, put forward opinions, and make an administrative reconsideration decision in the name of the administrative reconsideration organ upon the consent of the person in charge of the administrative reconsideration organ or after collective discussion.

In the case of administrative reconsideration after hearing, the administrative reconsideration organ shall make an administrative reconsideration decision in accordance with this law on the basis of the hearing record and the facts and evidence found after examination.

In an administrative reconsideration case that is submitted to the Administrative Reconsideration Committee for an advisory opinion, the administrative reconsideration organ shall use the advisory opinion as an important reference for making an administrative reconsideration decision.

Article 62 For an administrative reconsideration case that applies the ordinary procedure, the administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application; except that the administrative reconsideration period stipulated by law is less than 60 days. If the situation is complicated and the administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration body and the party concerned shall be notified in writing; however, the extension period shall not exceed 30 days at most.

The administrative reconsideration organ shall make an administrative reconsideration decision within 30 days from the date of accepting the application.

Article 63 Where an administrative act is under any of the following circumstances, the administrative reconsideration organ shall decide to change the administrative act:

(I) the facts are clear, the evidence is conclusive, the basis for application is correct, and the procedure is legal, but the content is inappropriate;

(II) the facts are clear, the evidence is conclusive, and the procedure is lawful, but the basis is not correctly applied;

(III) the facts are unclear and the evidence is insufficient, the administrative reconsideration organ shall find out the facts and evidence.

The administrative reconsideration organ shall not make a change decision that is more unfavorable to the applicant, unless a third party makes a contrary request.

Article 64 Where an administrative act is under any of the following circumstances, the administrative reconsideration organ shall decide to revoke or partially revoke the administrative act, and may order the respondent to retake the administrative act within a certain period of time:

The main facts of the (I) are unclear and the evidence is insufficient;

(II) violation of legal procedures;

The basis for the application of the (III) is illegal;

(IV) overstepping their authority or abusing their authority.

If the administrative reconsideration organ orders the respondent to make a new administrative act, the respondent shall not make the same or basically the same administrative act as the administrative act applied for administrative reconsideration on the basis of the same facts and reasons, except that the administrative reconsideration organ decides to cancel or partially cancel on the grounds of violating legal procedures.

Article 65 Where an administrative act is under any of the following circumstances, the administrative reconsideration organ shall not revoke the administrative act, but shall confirm that the administrative act is illegal:

The (I) should be revoked according to law, but the revocation will cause great damage to the national interests and social public interests;

The (II) procedure is a minor violation, but has no practical effect on the applicant's rights.

If an administrative act has one of the following circumstances and does not need to be revoked or ordered to be performed, the administrative reconsideration organ shall confirm that the administrative act is illegal:

(I) administrative act is illegal, but does not have revocable content;

(II) the respondent changes the original illegal administrative act, the applicant still requests the cancellation or confirmation that the administrative act is illegal;

(III) the respondent fails to perform or delays in performing his statutory duties, it is meaningless to order him to perform.

Article 66 If the respondent fails to perform the statutory duties, the administrative reconsideration organ shall decide that the respondent shall perform the duties within a certain period of time.

Article 67 If an administrative act has major and obvious illegal circumstances such as the implementation subject does not have the qualification of the administrative subject or has no basis, and the applicant applies for confirmation of the invalidity of the administrative act, the administrative reconsideration organ shall confirm that the administrative act is invalid.

Article 68 Where the facts of an administrative act are clear, the evidence is conclusive, the basis for its application is correct, the procedure is legal and the content is appropriate, the administrative reconsideration organ shall decide to maintain the administrative act.

Article 69 If the administrative reconsideration organ, after accepting the application for administrative reconsideration in which the applicant believes that the respondent does not perform its statutory duties, finds that the respondent has no corresponding statutory duties or has performed its statutory duties before accepting the application, it shall decide to reject the applicant's request for administrative reconsideration.

Article 70 If the respondent fails to submit a written reply, evidence, basis and other relevant materials for the administrative act in accordance with the provisions of Articles 48 and 54 of this Law, the administrative act shall be deemed to have no evidence and basis, and the administrative reconsideration organ shall decide to cancel or partially cancel the administrative act, confirm that the administrative act is illegal and invalid or decide that the respondent shall perform it within a certain period of time, but the administrative act involves the legitimate rights and interests of a third party, except for evidence provided by a third party.

Article 71 If the respondent fails to conclude, perform, or perform in accordance with the law, or illegally change or terminate the administrative agreement, the administrative reconsideration organ shall decide that the respondent shall bear the responsibilities of concluding, continuing to perform, taking remedial measures or compensating for losses in accordance with the law.

If the respondent changes or rescinds the administrative agreement legally, but fails to make compensation or the compensation is unreasonable according to law, the administrative reconsideration organ shall decide that the respondent shall make reasonable compensation according to law.

Article 72 If the applicant submits a request for administrative compensation when applying for administrative reconsideration, and the administrative reconsideration organ shall not make compensation in accordance with the relevant provisions of the the People's Republic of China State Compensation Law, it shall decide to reject the administrative compensation at the same time when making the administrative reconsideration decision. If compensation should be given in accordance with the relevant provisions of the the People's Republic of China State Compensation Law, when deciding to revoke or partially revoke or change the administrative act or confirm that the administrative act is illegal or invalid, it shall at the same time decide that the respondent shall pay compensation according to law; if the administrative act is confirmed to be illegal, the respondent may also be ordered to take remedial measures at the same time.

If the applicant does not make a request for administrative compensation when applying for administrative reconsideration, the administrative reconsideration organ shall, in accordance with the law, decide to revoke or partially revoke or change the fine, revoke or partially revoke the illegal fund-raising, confiscation of property, expropriation, apportionment of fees, and seizure, seizure and freezing of property, at the same time order the respondent to return the property and lift the measures of seizure, seizure and freezing of the property, or compensation for the corresponding price.

Article 73 Where the parties reach an agreement through mediation, the administrative reconsideration organ shall make an administrative reconsideration mediation letter, which shall have legal effect after being signed or sealed by the parties and stamped with the seal of the administrative reconsideration organ.

If the mediation fails to reach an agreement or the party repents before the mediation statement takes effect, the administrative reconsideration organ shall review or make an administrative reconsideration decision in a timely manner in accordance with the law.

Article 74 The parties may voluntarily reach a settlement before the administrative reconsideration decision is made, and the content of the settlement shall not harm the national interest, the public interest and the legitimate rights and interests of others, and shall not violate the mandatory provisions of laws and regulations.

After the parties reach a settlement, the applicant shall withdraw the application for administrative reconsideration to the administrative reconsideration institution. If the administrative reconsideration body approves the withdrawal of the application for administrative reconsideration, and the administrative reconsideration organ decides to terminate the administrative reconsideration, the applicant shall not file an application for administrative reconsideration with the same facts and reasons. However, the applicant can prove that the withdrawal of the application for administrative reconsideration is against his true will.

Article 75 When an administrative reconsideration organ makes an administrative reconsideration decision, it shall make an administrative reconsideration decision and affix the seal of the administrative reconsideration organ.

Once the administrative reconsideration decision is served, it shall have legal effect.

Article 76 In the course of handling an administrative reconsideration case, if an administrative reconsideration organ finds that the relevant administrative act of the respondent or other lower-level administrative organ is illegal or improper, it may issue an administrative reconsideration opinion to it. The relevant organ shall, within 60 days from the date of receipt of the administrative reconsideration opinion, submit the correction of the relevant illegal or improper administrative act to the administrative reconsideration organ.

Article 77 The respondent shall perform the administrative reconsideration decision, mediation statement and opinion.

If the respondent fails to perform or delays the performance of the administrative reconsideration decision, mediation statement, or opinion without justifiable reasons, the administrative reconsideration agency or the relevant higher-level administrative agency shall order it to perform within a time limit, and may interview the relevant person in charge of the respondent or give it A notice of criticism.

Article 78 If the applicant or the third party fails to file a lawsuit within the time limit and fails to perform the administrative reconsideration decision or mediation statement, or fails to perform the administrative reconsideration decision of the final award, it shall be dealt with separately in accordance with the following provisions:

An administrative reconsideration decision (I) to maintain an administrative act shall be enforced by the administrative organ that made the administrative act in accordance with the law, or shall apply to a people's court for enforcement;

An administrative reconsideration decision (II) to change an administrative act shall be enforced by the administrative reconsideration organ according to law, or an application shall be made to the people's court for enforcement;

The (III) of an administrative reconsideration mediation statement shall be enforced by the administrative reconsideration organ in accordance with the law, or an application to the people's court for enforcement.

Article 79 The administrative reconsideration organ shall, in accordance with the disclosure of the administrative act for which the administrative reconsideration is applied, disclose the decision on administrative reconsideration to the public in accordance with the relevant provisions of the State.

The local people's government at or above the county level shall, when handling an administrative reconsideration case in which the working department of the people's government at the same level is the respondent, copy the legally effective administrative reconsideration decision and opinion at the same time to the respondent's competent department at the next higher level.

　　Chapter VI Legal Liability

Article 80 If an administrative reconsideration organ fails to perform its administrative reconsideration duties in accordance with the provisions of this Law, the responsible leaders and persons directly responsible shall be given disciplinary sanctions of warning, demerit recording or recording major demerit in accordance with the law; if they fail to make corrections or cause serious consequences after being urged by the organ with the power of supervision, they shall be given disciplinary sanctions of demotion, dismissal or dismissal in accordance with the law.

Article 81 Any staff member of an administrative reconsideration organ who engages in malpractices for personal gain or commits other acts of dereliction of duty or dereliction of duty in the activities of administrative reconsideration shall be given a warning, demerit recording or major demerit recording according to law; if the circumstances are serious, he shall be demoted, dismissed or expelled according to law; if a crime is constituted, he shall be investigated for criminal responsibility according to law.

Article 82 If the respondent, in violation of the provisions of this Law, fails to submit a written reply or the evidence, basis and other relevant materials for the administrative act, or obstructs or disguised obstructs a citizen, legal person or other organization from applying for administrative reconsideration in accordance with the law, the responsible leaders and persons directly responsible shall be given disciplinary sanctions of warning, demerit recording or major demerit recording; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 83: If the respondent fails to perform or delays the performance of the administrative reconsideration decision, mediation statement, or opinion without justifiable reasons, the responsible leaders and directly responsible persons shall be given warnings, demerits, or major demerits in accordance with the law; If it still refuses to perform after being ordered to perform, it shall be subject to demotion, dismissal, or dismissal according to law.

Article 84 whoever refuses or obstructs the investigation and collection of evidence by administrative reconsideration personnel and intentionally disturbs the order of administrative reconsideration shall be given disciplinary sanctions and public security penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 85: If an administrative agency and its staff violate the provisions of this law, the administrative reconsideration agency may transfer the facts of the violation of the law to the supervisory agency or the public official appointment and removal agency, and the supervisory agency or public official appointment and removal agency that accepts the transfer, The unit shall deal with it according to law.

Article 86: In the course of handling administrative reconsideration cases, the administrative reconsideration agency discovers clues to public officials suspected of corruption, bribery, dereliction of duty, or other job-related violations or job-related crimes, and shall transfer them to the supervisory agency in accordance with relevant regulations, and the supervisory agency shall investigate and deal with them in accordance with the law.

　　Chapter VII Supplementary Provisions

Article 87 When accepting an application for administrative reconsideration, an administrative reconsideration organ shall not charge any fees to the applicant.

Article 88 If there are no provisions in this Law on the calculation of the period of administrative reconsideration and the service of administrative reconsideration documents, they shall be implemented in accordance with the provisions of the the People's Republic of China Civil Procedure Law on the period and service.

The provisions of this Law on "three days", "five days", "seven days" and "ten days" during the period of administrative reconsideration refer to working days, excluding statutory holidays.

Article 89 This Law shall be applicable to applications by foreigners, stateless persons and foreign organizations for administrative reconsideration within the territory of the People's Republic of China.

Article 90 This Law shall come into force as of January 1, 2024.

(Source: Chinese government website)