Regulation on the Implementation of the Administrative Reconsideration Law of the People's Republic of China

Regulation on the Implementation of the Administrative Reconsideration Law of the People's Republic of China Order of the State Council (No.499) The Regulation on the Implementation of the Administrative Reconsideration Law of the People's Republic of China was adopted at the 177th executive meeting of the State Council on May 23, 2007, is hereby adopted and shall be effective as of August 1, 2007. Premier Wen Jiabao May 29, 2007 Regulation on the Implementation of the Administrative Reconsideration Law of the People's Republic of China Chapter I General Provisions Article 1 In order to give full play to the functions of the administrative reconsideration system in the settlement of administrative disputes, the building of a government ruled by law, and the structuring of a harmonious socialist society, this Regulation has been made in accordance with the Administrative Reconsideration Law of the People's Republic of China (the “ Administrative Reconsideration Law ”). Article 2 The administrative reconsideration organs at all levels shall duly perform their responsibilities for administrative reconsideration, lead and support their legal affairs departments (the “administrative reconsideration departments”) to legally handle matters for administrative reconsideration, and equip, supplement and allocate specialized personnel for administrative reconsideration according to relevant provisions to ensure the consistency of the case-handling capabilities and working tasks of the administrative reconsideration departments. Article 3 Besides performing the responsibilities set forth in Article 3 of the Administrative Reconsideration Law , the administrative reconsideration departments shall also perform the following responsibilities: (a) Forwarding the relevant administrative reconsideration applications pursuant to Article 18 of the Administrative Reconsideration Law ; (b) Handling the administrative compensation and other matters set forth in Article 29 of the Administrative Reconsideration Law ; (c) Prompting the acceptance of administrative reconsideration applications and the execution of administrative reconsideration decisions, according to their powers and duties; (d) Handling matters on the statistics of cases of administrative reconsideration and administrative lawsuits and the archiving of major administrative reconsideration decisions; (e) Handling or organizing the handling of matters on administrative lawsuits directly filed without going through the administrative reconsideration; and (f) Studying the problems found in the administrative reconsideration work, timely making improvement suggestions to the relevant authorities, and timely reporting major problems to the administrative reconsideration organs. Article 4 The specialized personnel for administrative reconsideration shall possess the qualities, expertise and capabilities that are appropriate for performing their responsibilities for administrative reconsideration, and shall have obtained relevant qualifications. The specific rules shall be made by the legislative affairs department of the State Council in conjunction with the relevant authorities of the State Council. Chapter II Administrative Reconsideration Applications Section I Applicant Article 5 An applicant shall be a citizen, legal person or any other organization that applies for administrative reconsideration in accordance with the Administrative Reconsideration Law and this Regulation. Article 6 Where a partnership enterprise applies for administrative reconsideration, the enterprise approved and registered shall be the applicant, and the partner managing the partnership affairs shall represent this enterprise to participate in the administrative reconsideration; where any other partnership organization applies for administrative reconsideration, the partners shall jointly apply for administrative reconsideration. Where any organization other than the one referred to in the preceding paragraph without legal person status applies for administrative reconsideration, the principal person in charge of this organization shall represent this organization to participate in the administrative reconsideration; or any other member jointly elected shall represent this organization to participate in the administrative reconsideration in the absence of a principal person in charge. Article 7 Deeming that a specific administrative action taken by an administrative organ infringes the legal right or interest of the enterprise, the shareholders meeting, shareholder representatives meeting, or board of directors of a shareholding enterprise may apply for administrative reconsideration in the name of the enterprise. Article 8 Where the number of applicants for a same administrative reconsideration exceeds five, one up to five representatives shall be elected to participate in the administrative reconsideration. Article 9 Where, during the administrative reconsideration, the administrative reconsideration department believes that a citizen, legal person or any other organization other than the applicant has a material interest in the specific administrative action being heard, it may notify it to participate in the administrative reconsideration as a third party. During the administrative reconsideration, a citizen, legal person or any other organization other than the applicant that has a material interest in the specific administrative action being heard may apply to the administrative reconsideration department for participating in the administrative reconsideration as a third party. The nonparticipation by a third party in the administrative reconsideration shall not affect the hearing of the administrative reconsideration case. Article 10 An applicant or third party may engage one or two attorneys to participate in the administrative reconsideration. An applicant or third party engaging an attorney shall submit to the administrative reconsideration department the power of attorney. The power of attorney shall expressly state the matters concerned, powers and term. A citizen may orally retain an attorney under special circumstances of inability to retain an attorney in writing. If the retaining is made orally, the administrative reconsideration department shall verify it and record it on file. An applicant or third party rescinding or modifying the retaining of an attorney shall file a written report with the administrative reconsideration department. Section II Respondent Article 11 Where a citizen, legal person or any other organization applies for administrative reconsideration against a specific administrative action taken by an administrative organ in accordance with the Administrative Reconsideration Law and this Regulation, the administrative organ taking the specific administrative action shall be the respondent. Article 12 Where an administrative organ and an organization authorized by any law or administrative regulation jointly take a specific administrative action, the administrative organ and organization authorized by the law or administrative regulation shall be co-respondents. Where an administrative organ and any other organization jointly take a specific administrative action, the administrative organ shall be the respondent. Article 13 Where a subordinate administrative organ takes a specific administrative action with the approval of the superior administrative organ in accordance with the law or administrative regulation or rule, the approving authority shall be the respondent. Article 14 Where a dispatched office, internal office or any other organization of an administrative organ externally takes a specific administrative action in its own name without authorization by any law or administrative regulation, the administrative organ shall be the respondent. Section III Time Limits for Applying for Administrative Reconsideration Article 15 The time limits for applying for administrative reconsideration as provided for in paragraph 1 of Article 9 of the Administrative Reconsideration Law shall be calculated as follows: (a) For a specific administrative action taken on the spot, the time limit shall be calculated as of the date of taking the specific administrative action; (b) For a legal document stating a specific administrative action to be directly served, the time limit shall be calculated as of the date of the addressee signing the acknowledgement of service; (c) For a legal document stating a specific administrative action to be served by post, the time limit shall be calculated as of the date of the addressee's signing the postal acknowledgement of receipt; or as of the date of the addressee's signing the acknowledgement of service in the absence of the postal acknowledge of receipt; (d) For a specific administrative action to be notified to the addressee by announcement according to law, the time limit shall be calculated as of the date of expiry of the period set forth in the announcement; (e) Where an administrative organ fails to notify a citizen, legal person or any other organization at the time of taking a specific administrative action but later notifies the same, the time limit shall be calculated as of the date of receipt of the late notice from the administrative organ by the citizen, legal person or any other organization; or (f) Where the respondent can prove that a citizen, legal person or any other organization knows a specific administrative action, the time limit shall be calculated as of the date of knowing the specific administrative action by the citizen, legal person or any other organization as proved by the evidential materials. Where an administrative organ taking a specific administrative action shall serve but fails to serve a legal document on the relevant citizen, legal person or any other organization according to law, the citizen, legal person or any other organization shall be regarded as not knowing the specific administrative action. Article 16 Where a citizen, legal person or any other organization applies for an administrative organ to perform its statutory responsibility pursuant to Article 6 (viii), (ix) or (x) of the Administrative Reconsideration Law , and the administrative organ fails to perform as required, the time limit for applying for administrative reconsideration shall be calculated as follows: (a) Where there is a prescribed period of performance, the time limit shall be calculated as of the date of expiry of the period of performance; or (b) In the absence of a prescribed period of performance, the time limit shall be calculated as of the 60th day after the administrative organ receives the application for performance. Where a citizen, legal person or any other organization requests, in case of an emergency, an administrative organ to perform its statutory responsibility for protecting personal or property rights, and the administrative organ fails to perform, the time limit for applying for administrative reconsideration shall not be governed by the preceding paragraph. Article 17 Where a specific administrative action taken by an administrative organ is likely to produce an adverse effect on the right or obligation of a citizen, legal person or any other organization, the administrative organ shall notify the citizen, legal person or any other organiza......