Law of the People's Republic of China on Administrative Reconsideration (2023 Revision)

Order of the President of the People's Republic of China
(No. 9)

The Law of the People's Republic of China on Administrative Reconsideration, as revised and adopted at the 5th session of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on September 1, 2023, is hereby issued, and comes into force on January 1, 2024.

Xi Jinping, President of the People's Republic of China
September 1, 2023

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

(Adopted at the 9th Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 29, 1999, amended for the first time according to the Decision to Revise Some Laws at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, amended for the second time according to the Decision to Amend Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the Twelfth National People's Congress on September 1, 2017, and revised at the 5th Session of the Standing Committee of the Fourteenth National People's Congress on September 1, 2023)

Table of Contents

Chapter I General Provisions
Chapter II Application for Administrative Reconsideration
Section 1 Scope of Administrative Reconsideration
Section 2 Attendees of Administrative Reconsideration
Section 3 Filing of an Application
Section 4 Jurisdiction over Administrative Reconsideration
Chapter III Acceptance of Administrative Reconsideration
Chapter IV Trial of Administrative Reconsideration
Section 1 General Rules
Section 2 Evidence of Administrative Reconsideration
Section 3 Ordinary Procedure
Section 4 Summary Procedure
Section 5 Incidental Review of Administrative Reconsideration
Chapter V Decision of Administrative Reconsideration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted according to the Constitution for the purposes of preventing and correcting illegal or inappropriate administrative actions, protecting the legitimate rights and interests of citizens, legal persons and other organizations, supervising and guaranteeing the exercise of functions and power by administrative organs in accordance with the law, maximizing the role of administrative reconsideration as the main channel for resolving administrative disputes, and promoting the construction of a law-based government.

Article 2 If a citizen, legal person or any other organization deems that his or its legitimate rights and interests have been infringed upon by an administrative action of an administrative organ, thus applies for administrative reconsideration to an administrative reconsideration organ, and the administrative reconsideration organ handles the case of administrative reconsideration, this Law shall apply.

For the purpose of the preceding paragraph, “administrative action” includes administrative actions 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.

Administrative reconsideration organs shall, when performing functions of administrative reconsideration, follow the principles of legitimacy, impartiality, openness, efficiency, convenience for the people and service for the people, insist on correcting mistakes whenever discovered, and ensure correct implementation of laws and regulations.

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

The institutions in administrative reconsideration organs which handle the matters of administrative reconsideration are administrative reconsideration institutions. Administrative reconsideration institutions shall concurrently organize the handling of administrative response matters of administrative reconsideration organs.

The administrative reconsideration organs shall strengthen the administrative reconsideration work, and support and guarantee the lawful performance of functions by administrative reconsideration institutions. Administrative reconsideration institutions at higher levels shall guide and supervise the administrative reconsideration work of administrative reconsideration institutions at lower levels.

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

Article 5 Administrative reconsideration organs may, when handling cases of administrative reconsideration, conduct mediation.

Mediation shall be conducted under the principles of legitimacy and free will, without damaging the national interests, public interests or legitimate rights and interests of others, or violating the compulsory provisions of laws or regulations.

Article 6 The state shall build a specialized and professional team of administrative reconsideration officers.

An officer of an administrative reconsideration institution which carries out the work of administrative reconsideration for the first time shall pass the national unified legal professional qualification examination, obtain the legal professional qualification, and receive unified pre-service training.

The administrative reconsideration institution of the State Council shall, in conjunction with the relevant departments, develop the work rules for administrative reconsideration officers and strengthen the business assessment and management of administrative reconsideration officers.

Article 7 An administrative reconsideration organ shall ensure that the staffing of an administrative reconsideration institution is compatible with the tasks undertaken, improve the professional quality of administrative reconsideration officers, and guarantee the premises, equipment and other facilities for handling cases according to the work needs. The people's governments at all levels shall include the expenses for the administrative reconsideration work in their budgets.

Article 8 An administrative reconsideration organ shall strengthen information construction and use modern information technology to facilitate citizens, legal persons or other organizations to apply for and attend the administrative reconsideration and improve the work quality and efficiency.

Article 9 Entities and individuals that have made significant achievements in the administrative reconsideration work shall be commended and rewarded in the accordance with the relevant rules of the state.

Article 10 A citizen, legal person or any other organization that refuses to accept a decision on administrative reconsideration may, in accordance with the provisions of the Civil Procedure Law of the People's Republic of China, institute an administrative litigation with a people's court, except when the decision on administrative reconsideration is, as provided for by law, a final ruling.

Chapter II Application for Administrative Reconsideration

Section 1 Scope of Administrative Reconsideration

Article 11 A citizen, legal person, or any other organization falling under any of the following circumstances may, in accordance with this Law, apply for administrative reconsideration:

(1) He or it refuses to accept a decision on administrative punishment made by an administrative organ.

(2) He or it refuses to accept a compulsory administrative measure and a decision on compulsory administrative enforcement adopted and made by an administrative organ.

(3) He or it applies for an administrative licensing, the administrative organ rejects or fails to reply within the statutory period, or refuses to accept any other decision on relevant administrative licensing made by an administrative organ.

(4) He or it refuses to accept a decision confirming ownership of or right to use natural resources made by an administrative organ.

(5) He or it refuses to accept a decision on collection and expropriation made by an administrative organ and its decision on compensation.

(6) He or it refuses to accept a decision on compensation or a decision on no compensation made by an administrative organ.

(7) He or it refuses to accept a decision not to accept an application for determination of work-related injury or a conclusion of determination of work-related injury made by an administrative organ.

(8) An administrative organ is deemed to have infringed upon the autonomy in business operation, conventional usufruct on rural land for agricultural operations, or rural land operating right.

(9) An administrative organ is deemed to have abused its administrative power to exclude or restrict competition.

(10) An administrative organ is deemed to have illegally raised funds or apportioned expenses or illegally required performance of other obligations.

(11) An administrative organ refuses to perform functions, has failed to perform functions, or does not reply, as one has applied to an administrative organ for performing statutory functions of protecting personal rights, property rights, rights to receive education, and other legitimate rights and interests.

(12) An administrative organ has failed to grant a pension, social insurance benefits or minimum living allowance and other social security according to the law, as one has applied for.

(13) An administrative organ is deemed to have failed to conclude, failed to perform according to the law or as agreed upon, or illegally modified or terminated, an administrative agreement, such as a government concession agreement or an agreement on compensation for land and building expropriation.

(14) An administrative organ is deemed to have infringed upon its legitimate rights and interests in disclosure of government information.

(15) An administrative organ is deemed to have infringed upon its legitimate rights and interests in other administrative actions.

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

(1) Acts of the state in national defense and foreign affairs, among others.

(2) Administrative regulations and rules or decisions, orders and other normative documents with general binding force developed and issued by administrative organs.

(3) Decisions of administrative organs on rewards and punishments, appointment and dismissal of their employees.

(4) Mediation made for civil disputes by administrative organs.

Article 13 A citizen, legal person or any other organization deeming that the following regulatory documents, which are the basis for an administrative action of an administrative organ, are illegal, may, when applying for administrative reconsideration of an administrative action, apply to the administrative reconsideration organ for incidental review of these normative documents:

(1) Normative documents of the departments of the State Council.

(2) Normative documents of the local people's governments at or above the county level and their departments.

(3) Normative documents of the people's governments of villages and towns.

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

The term “normative documents” as mentioned in the preceding paragraph does not include rules. Review of rules shall be handled according to the laws and administrative regulations.

Section 2 Attendees of Administrative Reconsideration

Article 14 Any citizen, legal person or any 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 is deceased, his near relatives may apply for administrative reconsideration. If a legal person or any other organization with the right to apply for administrative reconsideration is terminated, a successor to its rights and obligations may apply for administrative reconsideration.

If a citizen with the right to apply for administrative reconsideration is a person without capacity for civil conduct or with limited capacity for civil conduct, his statutory agent may apply for administrative reconsideration on his behalf.

Article 15 If there are a large number of applicants in the same case of administrative reconsideration, the applicants may select a representative to attend the administrative reconsideration.

A representative's attendance at the administrative reconsideration shall be effective for the applicant that he represents. However, to change the claim for administrative reconsideration, withdraw an application for administrative reconsideration, or admit a third party's claim, the representative shall obtain consent of the applicant that he represents.

Article 16 A citizen, legal person or any other organization other than an applicant which has a stake in the administrative action for which an application for administrative reconsideration is filed or the handling result of a case of administrative reconsideration may apply for attending the administrative reconsideration as a third party, or be notified by the administrative reconsideration institution of attending the administrative reconsideration as a third party.

The failure of a third party to attend the administrative reconsideration shall not affect the trial of a case of administrative reconsideration.

Article 17 An applicant or a third party may entrust attendance at the administrative reconsideration to one or two lawyers, grassroots legal service workers or other agents on his or its behalf.

An applicant and a third party entrusting an agent shall submit to the administrative reconsideration institution a power of attorney and the identifications of the entrusting party and the entrusted party. The power of attorney shall specify the entrusted matters, authority and time limit. An applicant or a third party that changes or terminates the authority of the agent shall notify the administrative reconsideration institution in writing.

Article 18 If an applicant for administrative reconsideration meeting the conditions for legal aid applies for legal aid, the legal aid institution shall provide legal aid for it according to the law.

Article 19 If a citizen, legal person or any other organization refuses to accept an administrative action and applies for administrative reconsideration, the administrative organ that has taken the administrative action or the organization authorized by laws, regulations and rules is the respondent.

For the same administrative action taken by not less than two administrative organs in a common name, the administrative organs jointly taking the administrative action are the respondents.

For an administrative action taken by an organization entrusted by an administrative organ, the entrusting administrative organ is the respondent.

If an administrative organ taking an administrative action is canceled or its functions and power are changed, the administrative organ that succeeds to such functions and power is the respondent.

Section 3 Filing of an Application

Article 20 A citizen, legal person or any other organization deeming that an administrative action has infringed upon his or its legitimate rights and interests may file an application for administrative reconsideration within 60 days from the day when he or it knew or should have known such administrative action, except when the time limit for filing an application as provided for in law exceeds 60 days.

If the statutory time limit for filing an application is delayed due to force majeure or other special reasons, the time limit for filing an application shall be counted continuously from the day when the obstacle is removed.

If the administrative organ, when taking the administrative action, fails to notify the citizen, legal person or any other organization of the right to apply for administrative reconsideration, the administrative reconsideration organ and the time limit for filing an application, the time limit for filing an application shall be counted from the day when the citizen, legal person or any other organization knew or should have known the right to apply for administrative reconsideration, the administrative reconsideration organ and the time limit for filing an application. However, the period from the time when the content of the administrative action is known or should have been known shall not exceed one year at maximum.

Article 21 An administrative reconsideration organ shall not accept any application for administrative reconsideration filed due to real estate 20 years after an administrative action is taken or any other application for administrative reconsideration filed five years after an administrative action is taken.

Article 22 An applicant for administrative reconsideration may file an application in writing; and may also file an application verbally, if there is difficulty in filing an application in writing.

If an application is filed in writing, the application for administrative reconsideration may be filed by mail or through the Internet channels designated by the administrative reconsideration organ, and the application for administrative reconsideration may also be filed in person. An administrative organ serving a written decision on an administrative action through an Internet channel shall concurrently provide the Internet channel for filing an application for administrative reconsideration.

If an application is filed verbally, the administrative reconsideration organ shall, on the spot, record the profile of the applicant, the claims for administrative reconsideration, and main facts, grounds and time based on which the application for administrative reconsideration is filed.

An applicant that refuses to accept two or more administrative actions shall apply for administrative reconsideration separately.

Article 23 Under any of the following circumstances, an applicant shall firstly apply to the administrative reconsideration organ for administrative reconsideration, and may then institute an administrative litigation with the people's court according to the law if he refuses to accept a decision on administrative reconsideration:

(1) He refuses to accept a decision on administrative punishment made on the spot according to the law.

(2) He refuses to accept a decision made by an administrative organ which infringes upon the ownership of or right to use natural resources that it has already obtained according to the law.

(3) An administrative organ is deemed to have failed to perform statutory functions as provided for in Article 11 of this Law.

(4) He applies for disclosure of government information, and the administrative organ disapproves the disclosure.

(5) Other circumstances under which an application for administrative reconsideration shall be firstly filed with the administrative reconsideration organ as provided for in laws and administrative regulations.

Under the circumstances as provided for in the preceding paragraph, an administrative organ shall, when taking an administrative action, notify citizens, legal persons or other organizations of firstly applying to the administrative reconsideration organs for administrative reconsideration.

Section 4 Jurisdiction over Administrative Reconsideration

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

(1) The applicant refuses to accept an administrative action taken by a department of the people's government at the same level.

(2) The applicant refuses to accept an administrative action taken by a people's government at a next lower level.

(3) The applicant refuses to accept an administrative action taken by a local organ lawfully formed by a people's government at the same level.

(4) The applicant refuses to accept an administrative action taken by an organization authorized by the laws, regulations and rules which are under the people's government at the same level or a 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 have jurisdiction over cases of administrative reconsideration in which applicants refuse to accept the administrative actions taken by these organs.

The local organs lawfully formed by the people's governments of provinces and autonomous regions shall exercise jurisdiction over relevant cases of administrative reconsideration with reference to the functions and power of the people's governments at the districted city level.

A case of administrative reconsideration in which an applicant refuses to accept an administrative action taken by a local institution lawfully formed by a department of a local people's government at or above the county level in the name of the local institution in accordance with the provisions of laws, regulations and rules shall be under the jurisdiction of the people's government at the same level; and a case of administrative reconsideration in which an applicant refuses to accept an administrative action taken by a local institution formed by a department of the people's government of a municipality directly under the Central government or a districted city in accordance with the administrative division may also be under the jurisdiction of the people's government at the place where he is located.

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

(1) Cases in which applicants refuse to accept administrative actions taken by the department.

(2) Cases in which applicants refuse to accept administrative actions taken by local institutions lawfully formed by this department in the name of the local institutions in accordance with the provisions of laws, administrative regulations, and departmental rules.

(3) Cases in which applicants refuse to accept administrative actions taken by organizations authorized by laws, administrative regulations and departmental rules which are under the administration of this department.

Article 26 An applicant that refuses to accept a decision on administrative reconsideration made by a 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 of the State Council in accordance with the provisions of item 1 of Article 25 of this Law may institute an administrative litigation with the people's court; or apply to the State Council for a ruling, and the State Council shall render a final ruling according to the provisions of this Law.

Article 27 An applicant that refuses to accept an administrative action of an administrative organ, taxation, or state security organ implementing vertical leadership over customs, banking, and foreign exchange administration shall apply for administrative reconsideration to the department at a next higher level.

Article 28 An applicant that refuses to accept an administrative action of the judicial administrative department of the local people's government at or above the county level which performs the functions of an administrative reconsideration institution may apply for administrative reconsideration to the people's government at the same level or apply for administrative reconsideration to the judicial administrative department at a next higher level.

Article 29 A citizen, legal person or any other organization that applies for administrative reconsideration shall not institute any administrative litigation with any people's court during the period of administrative reconsideration, if the administrative reconsideration organ has accepted the application in accordance with the law.

If a citizen, legal person, or any other organization institutes an administrative litigation with a people's court, and the people's court has accepted it in accordance with the law, no application for administrative reconsideration shall be filed.

Chapter III Acceptance of Administrative Reconsideration

Article 30 After receiving an application for administrative reconsideration, the administrative reconsideration organ shall conduct review within five days, and accept an application if the following provisions are complied with:

(1) There is a specific applicant and a respondent in compliance with the provisions of this Law.

(2) The applicant has a stake in the administrative action for which an application for administrative reconsideration is filed.

(3) There are specific claims and reasons for administrative reconsideration.

(4) It is filed within the statutory time limit for application.

(5) It falls under the scope of administrative reconsideration as provided for in this Law.

(6) It falls under the scope of jurisdiction of this organ.

(7) The administrative reconsideration organ has never accepted any application for administrative reconsideration filed by an applicant for the same administrative action, and the people's court has not accepted the administrative litigation instituted by the applicant for the same administrative action.

The administrative reconsideration organ shall, within the time limit of review, decide to reject an application for administrative reconsideration which does not comply with the provisions of the preceding paragraph and explain the reasons; and notify the applicant of the administrative reconsideration organ with jurisdiction in a decision on rejection, if an application is not subject to jurisdiction of this organ.

If an administrative reconsideration organ fails to make a decision to reject an application upon expiry of the time limit for review of an application for administrative reconsideration, the application shall be accepted from the day of expiry of the time limit for review.

Article 31 If the application materials for administrative reconsideration are incomplete or unclear in expression, and it is unable to judge whether the application for administrative reconsideration complies with the provisions of paragraph 1 of Article 30 of this Law, the administrative reconsideration organ shall notify the applicant in writing of making supplements and corrections within five days of receiving the application. The notice on supplements and corrections shall specify the items to be supplemented and corrected at one time.

An applicant shall submit the supplementary and corrected materials within 10 days of receiving the notice on supplements and corrections. If supplements and corrections are unable to be made as scheduled due to justifiable reasons, the administrative reconsideration organ may extend a reasonable time limit for supplements and corrections. If no supplements or corrections are made within the prescribed time limit without justified reasons, it shall be deemed that the applicant has waived the application for administrative reconsideration and it shall be recorded.

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

Article 32 An applicant that refuses to accept a decision on administrative punishment made on the spot or based on the illegal facts recorded by the electronic technical monitoring equipment and applies for administrative reconsideration may file an application for administrative reconsideration through the administrative organ that has made the decision on administrative punishment.

After receiving an application for administrative reconsideration, the administrative organ shall handle it in a timely manner; and if it is deemed necessary to sustain the decision on administrative punishment, it shall forward it to the administrative reconsideration organ within five days of receiving the application for administrative reconsideration.

Article 33 After accepting an application for administrative reconsideration, the administrative reconsideration organ shall decide to reject the application and explain the reasons if it finds that the application for administrative reconsideration does not comply with the provisions of paragraph 1 of Article 30 of this Law.

Article 34 If, in accordance with the provisions of the relevant laws and administrative regulations, a citizen, legal person or any other organization shall firstly apply to an administrative reconsideration organ for administrative reconsideration and then institute an administrative action with a people's court if it refuses to accept a decision on administrative reconsideration, or the administrative reconsideration organ decides to reject or dismiss an application or fails to reply upon expiry of the time limit for administrative reconsideration after the application has been accepted, the citizen, legal person or any other organization may, from the date of receiving a written decision or within 15 days upon expiry of the time limit for administrative reconsideration, institute an administrative action with the people's court in accordance with the law.

Article 35 If a citizen, legal person or any other organization files an application for administrative reconsideration in accordance with the law, and the administrative reconsideration organ rejects or dismisses the application without justifiable reasons, or fails to reply within the time limit for administrative reconsideration after the application has been accepted, the applicant shall have the right to report to the administrative organ at a higher level, and the administrative organ at a higher level shall order it to take corrective action; and if necessary, the administrative organ at a higher level may directly accept the application.

Chapter IV Trial of Administrative Reconsideration

Section 1 General Rules

Article 36 After accepting an application for administrative reconsideration, the administrative reconsideration organ shall conduct trial under ordinary or summary procedure in accordance with this Law. The administrative reconsideration institution shall designate administrative reconsideration officers to be responsible for handling cases of administrative reconsideration.

Administrative reconsideration officers shall keep confidential the state secrets, trade secrets, and personal privacy known during the process of handling cases of administrative reconsideration.

Article 37 An administrative reconsideration organ shall try a case of administrative reconsideration in accordance with laws, regulations and rules.

When trying a case of administrative reconsideration in an ethnic autonomous region, the administrative reconsideration organ shall concurrently comply with the autonomy regulations and the separate regulations of the ethnic autonomous region.

Article 38 An administrative reconsideration organ at a higher level may, if necessary, try cases of administrative reconsideration under the jurisdiction of administrative reconsideration organs at a lower level.

Where the administrative reconsideration organ at a lower level deems that a case of administrative reconsideration under its jurisdiction needs to be tried by the administrative reconsideration organ at a higher level, it may submit a request to the administrative reconsideration organ at a higher level for decision-making.

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

(1) A citizen who is an applicant dies, and his near relatives have not yet decided whether to attend the administrative reconsideration.

(2) A citizen who is an applicant has lost the capacity for act to attend the administrative reconsideration, and no statutory agent has been determined to attend the administrative reconsideration.

(3) The whereabouts of a citizen who is an applicant is unknown.

(4) The legal person or any other organization that is an applicant is terminated, and the successor to its rights and obligations has not been determined.

(5) An applicant or a respondent is unable to attend administrative reconsideration due to force majeure or other justifiable reasons.

(6) Upon mediation or reconciliation in accordance with the provisions of this Law, an applicant and a respondent agree with the suspension.

(7) The application of law involved in a case of administrative reconsideration requires interpretation or confirmation by the competent organ.

(8) The trial of a case of administrative reconsideration needs to be based on the outcome of trial of another case, but the said case has not been concluded.

(9) It falls under the circumstances provided for in Article 56 or 57 of this Law.

(10) Other circumstances requiring suspension of administrative reconsideration.

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

To suspend or resume the trial of a case of administrative reconsideration, the administrative reconsideration organ shall notify the parties in writing.

Article 40 If an administrative reconsideration organ suspends administrative reconsideration without justified reasons during the period of administrative reconsideration, the administrative organ at a higher level shall order it to resume trial.

Article 41 Under any of the following circumstances during the administrative reconsideration period, the administrative reconsideration organ shall decide to terminate administrative reconsideration:

(1) An applicant withdraws the application for administrative reconsideration, and the administrative reconsideration institution approves the withdrawal.

(2) A citizen that is an applicant dies and has no close relative or his close relative waives the right of administrative reconsideration.

(3) A legal person or any other organization that is an applicant is terminated, there is no successor to its rights and obligations or its successor to its rights and obligations waives the right of administrative reconsideration.

(4) After an applicant refuses to accept an administrative detention or an administrative compulsory measure of restricting personal freedom and applies for administrative reconsideration, the administrative compulsory measure is taken as the applicant is suspected of committing a crime for the same illegal act.

(5) The reasons for suspension of administrative reconsideration have not been eliminated within 60 days after the administrative reconsideration is suspended in accordance with the provisions of items (1), (2) and (4) of paragraph 1 of Article 39 of this Law.

Article 42 During the period of administrative reconsideration, execution of the administrative action shall not be terminated; however, execution of the administrative action shall be terminated under any of the following circumstances:

(1) The respondent deems that termination of execution is necessary.

(2) The administrative reconsideration organ deems that termination of execution is necessary.

(3) Termination of execution is decided by the administrative reconsideration organ at the request of an applicant or a third party as the administrative reconsideration organ deems that the claim is reasonable.

(4) Other circumstances under which execution is terminated as provided for in laws, regulations and rules.

Section 2 Evidence of Administrative Reconsideration

Article 43 Evidence of administrative reconsideration shall include:
(1) documentary evidence;
(2) physical evidence;
(3) audio-visual materials;
(4) electronic data;
(5) witness testimony;
(6) statements of the parties;
(7) authentication opinions; and
(8) survey transcripts and on-site transcripts.

The aforesaid evidence shall be verified by an administrative reconsideration institution before being used as a basis for determining the facts of a case of administrative reconsideration.

Article 44 A respondent shall have the burden of proof for the legality and appropriateness of an administrative action taken by it.

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

(1) If a respondent is deemed to have failed to perform the statutory functions, the applicant shall provide evidence that it has requested the respondent to perform statutory functions, except when the respondent shall proactively perform statutory functions ex officio or the applicant is unable to provide it for justifiable reasons.

(2) To claim for administrative compensation, an applicant shall provide evidence on the damage caused by the infringement by the administrative action, but if the applicant is unable to provide evidence due to reasons of the respondent, the burden of proof shall be assumed by the respondent.

(3) Other circumstances under which an applicant is required to provide evidence in accordance with the law and regulations.

Article 45 An administrative reconsideration organ shall have the power to conduct investigation and collect evidence from relevant entities and individuals, consult, copy and obtain relevant documents and materials, and inquire about relevant personnel.

When conducting investigation and collecting evidence, there shall be not less than two administrative reconsideration officers and they shall produce work certificates for administrative reconsideration.

The entities and individuals under investigation and from which evidence is collected shall proactively cooperate with the work of administrative reconsideration officers, without refusal or obstruction.

Article 46 During the period of administrative reconsideration, a respondent shall not collect evidence from any applicant or any other relevant entity or individual on its own; and the evidence collected on its own shall not be used as the basis for determining the legality and appropriateness of an administrative action.

If, during the period of administrative reconsideration, an applicant or a third party has provided reasons or evidence having not been provided when the administrative action for which an application for administrative reconsideration is filed is taken, the respondent may, with consent of the administrative reconsideration institution, provide supplementary evidence.

Article 47 During the period of administrative reconsideration, an applicant, a third person and its entrusted agent may, in accordance with the provisions, consult and copy the written reply of the respondent, the evidence for taking the administrative action, the basis and other relevant materials, and except under circumstances involving state secrets, commercial secrets, personal privacy and those may endanger national security, public security, and social stability, the administrative reconsideration institution shall grant consent.

Section 3 Ordinary Procedure

Article 48 The administrative reconsideration institution shall send a duplicate of a written application for administrative reconsideration or a photocopy of a transcript of an application for administrative reconsideration to the respondent within seven days of accepting the application for administrative reconsideration. A respondent shall, within 10 days of receiving a duplicate of a written application for administrative reconsideration or a photocopy of a transcript of an application for administrative reconsideration, reply in writing and provide the evidence, grounds, and other relevant materials based on which the administrative action was taken.

Article 49 For a case of administrative reconsideration tried under ordinary procedure, the administrative reconsideration institution shall hear the opinions of the parties in person or through the Internet, telephone and by other means, and record the opinions adopted. Where opinions cannot be heard due to reasons of the parties, written trial may be adopted.

Article 50 To try a significant, difficult and complex case of administrative reconsideration, an administrative reconsideration institution shall organize a hearing.

Where an administrative reconsideration institution deems that a hearing is necessary, or an applicant requests a hearing, the administrative reconsideration institution may organize a hearing.

A hearing shall be presided over by an administrative reconsideration officer, two or more administrative reconsideration officers shall serve as hearing officers, and one recorder shall make hearing transcripts.

Article 51 If an administrative reconsideration institution organizes a hearing, it shall notify the parties of the time and place of the hearing and the matters to be heard in writing five days prior to the hearing.

A party refusing to attend a hearing without justified reasons shall be deemed to have waived the hearing.

The person in charge of a respondent shall attend the hearing. If he is unable to attend, he shall explain the reasons and entrust attendance of the hearing to a corresponding staff member.

Article 52 The people's governments at or above the county level shall form administrative reconsideration committees with the relevant government departments, experts and scholars, among others, as members to provide advisory opinions for handling cases of administrative reconsideration, and put forward opinions on research on the major matters and common problems in the work of administrative reconsideration.

The composition of an administrative reconsideration committee and the specific measures for carrying out work shall be developed by the administrative reconsideration institution of the State Council.

If trial of a case of administrative reconsideration involves any of the following circumstances, the administrative reconsideration institution shall submit a request to the administrative reconsideration committee for advisory opinions:

(1) The case is significant, difficult or complicated.

(2) It is relatively highly professional or technical.

(3) Cases of administrative reconsideration as provided for in paragraph 2 of Article 24 of this Law.

(4) The administrative reconsideration institution deems that it is necessary.

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

Section 4 Summary Procedure

Article 53 When trying the following cases of administrative reconsideration, an administrative reconsideration organ may apply the summary procedure if it deems that the facts are clear, the rights and obligations between the parties are explicit, and the dispute is minor:

(1) The administrative action for which an application for administrative reconsideration is filed is taken on the spot.
(2) The administrative action for which an application for administrative reconsideration is filed is warning or circulation of criticism.
(3) The amount involved in the case is not more than 3,000 yuan.
(4) The case involves disclosure of government information.

To cases of administrative reconsideration other than those provided for in the preceding paragraph, the summary procedure may apply, with consent of all parties.

Article 54 For a case of administrative reconsideration to which the summary procedure is applied in the trial, the administrative reconsideration institution shall send a duplicate of the written application for administrative reconsideration or a photocopy of the transcript of the application for administrative reconsideration to the respondent within three days of accepting the application for administrative reconsideration. A respondent shall, within five days of receiving a duplicate of a written application for administrative reconsideration or a photocopy of a transcript of an application for administrative reconsideration, reply in writing and provide the evidence, grounds, and other relevant materials based on which the administrative action was taken.

Cases of administrative reconsideration tried under the summary procedure may be tried in writing.

Article 55 If the administrative reconsideration institution deems that it is inappropriate to apply the summary procedure to a case of administrative reconsideration to which the summary procedure is applied in trial, it may adopt the ordinary procedure for trial with approval of the person in the charge of the administrative reconsideration institution.

Section 5 Incidental Review of Administrative Reconsideration

Article 56 If an applicant files an application for incidental review 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 within 30 days according to the law; and if it has no power to handle it, it shall, within seven days, transfer the case to the administrative organ with handling power to handle it.

Article 57 When reviewing an administrative action taken by a respondent, the administrative reconsideration organ deems that the grounds based on which the administrative action was taken are illegal, if the administrative reconsideration organ has the power to handle it, it shall, in accordance with the law, handle it within 30 days; and if the administrative reconsideration organ has no power to handle it, it shall transfer it to the state organ with handling power within seven days to handle it according to the law.

Article 58 If the administrative reconsideration organ has the power to handle the relevant normative documents or basis in accordance with the provisions of Articles 56 and 57 of this Law, the administrative reconsideration institution shall, within three days of suspension of the administrative reconsideration, notify the enacting organ of the normative documents or basis in writing of giving a written reply on the legality of the relevant clauses. The enacting organ shall submit a written reply and relevant materials within 10 days of receiving the written notice.

When the administrative reconsideration institution deems it necessary, it may request the enacting organ of the normative documents or basis to explain the reasons in person, and the enacting organ shall cooperate with it.

Article 59 If the administrative reconsideration organ has the power to handle the relevant normative documents or basis in accordance with the provisions of Articles 56 and 57 of this Law and deems that the relevant clauses are legal, it shall be concurrently notified in the written decision on administrative reconsideration; and if a relevant clause is deemed to have exceeded its power or violated the superordinate law, it shall decide to suspend the implementation of such clause and order the enacting organ to take corrective action.

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

Chapter V Decision of Administrative Reconsideration

Article 61 When an administrative reconsideration organ tries a case of administrative reconsideration in accordance with this Law, the administrative reconsideration institution shall review the administrative action, put forward opinions, and make a decision on administrative reconsideration in the name of the administrative reconsideration organ with consent of the person in charge of the administrative reconsideration organ or after group deliberation and adoption.

For cases of administrative reconsideration subject to hearing, the administrative reconsideration organ shall, on the basis of the hearing transcripts, and the facts and evidence determined in the review, make a decision on administrative reconsideration in accordance with this Law.

For cases of administrative reconsideration submitted to the Administrative Reconsideration Committee for advisory opinions, the administrative reconsideration organ shall take the advisory opinions as an important reference basis for making a decision on administrative reconsideration.

Article 62 For a case of administrative reconsideration tried under ordinary procedure, an administrative reconsideration organ shall make a decision on administrative reconsideration within 60 days of accepting an application, except under the circumstances that the time limit for administrative reconsideration as provided for in law is shorter than 60 days. If the circumstances are complicated and a decision on administrative reconsideration cannot be made within the prescribed time limit, it may be extended appropriately with approval by the person in charge of the administrative reconsideration institution, and the party shall be notified in writing; however, the extension period shall not exceed 30 days at maximum.

For a case of administrative reconsideration tried under the summary procedure, the administrative reconsideration organ shall, within 30 days of accepting an application, make a decision on administrative reconsideration.

Article 63 If an administrative action falls under any of the following circumstances, the administrative reconsideration organ shall decide to change the administrative action:

(1) The facts are clear, the evidence is conclusive, the basis for application is correct, and the procedure is lawful, but the contents are inappropriate.

(2) The facts are clear, the evidence is conclusive, and the procedure is lawful, but there is no correct basis for application.

(3) The facts are unclear and the evidence is insufficient, and the facts and evidence have been found out by the administrative reconsideration organ.

The administrative reconsideration organ shall not make any decision of alteration more unfavorable to an applicant, except when a third party makes a claim to the contrary.

Article 64 Where an administrative action falls under any of the following circumstances, the administrative reconsideration organ shall decide to revoke, in whole or in part, the administrative action and may order the respondent to take a new administrative action within a prescribed time limit:

(1) The main facts are unclear or the evidence is insufficient.
(2) The statutory procedures are violated.
(3) The basis applied is illegal.
(4) It exceeds or abuses power.

Where the administrative reconsideration organ orders a respondent to take a new administrative action, the respondent shall not take an administrative action identical or basically identical with the administrative action for which an application for administrative reconsideration is filed based on the same facts and reasons, except when the administrative reconsideration organ decides to revoke, in whole or in part, the administrative action on the ground of violating legal procedures.

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

(1) Revocation shall be conducted according to the law, but the revocation will cause significant damage the national interest and public interest.

(2) A petty violation of the statutory procedures will not have actual impact on the applicant's rights.

If an administrative action falls under any of the following circumstances and does not need to be revoked or be ordered to be performed, the administrative reconsideration organ shall confirm that the administrative action is illegal:

(1) An administrative action is illegal, but there is nothing revocable.

(2) A respondent modifies the original illegal administrative action, but the applicant still requests revocation or confirmation of the illegal administrative action.

(3) A respondent fails to perform or delays performance of its statutory functions, and it is meaningless to order performance.

Article 66 If a respondent fails to perform statutory functions, the administrative reconsideration organ shall decide that the respondent shall perform functions within a prescribed time limit.

Article 67 If an administrative action has been taken by a party other than an administrative agency, is baseless, or otherwise seriously and evidently violates the law, and the applicant applies for confirming that the administrative action is invalid, the administrative reconsideration organ shall confirm the invalidity of the administrative action.

Article 68 If the facts based on which an administrative action is taken are clearly ascertained, the evidence is conclusive, the basis applied is correct, the procedure is legal, and the content is appropriate, the administrative reconsideration organ shall decide to sustain the administrative action.

Article 69 If after accepting an application for administrative reconsideration in which the applicant deems that the respondent has not performed the statutory functions, an administrative reconsideration organ finds that the respondent has no corresponding statutory functions or has performed the statutory functions before accepting the application, it shall decide to reject the applicant's claims for administrative reconsideration.

Article 70 If a respondent fails to submit a written reply, evidence, basis and other relevant materials for taking the administrative action in accordance with the provisions of Articles 48 and 54 of this Law, the administrative action shall be deemed baseless, and the administrative reconsideration organ shall decide to revoke, in whole or in part, the administrative action, confirm the illegality and invalidity of the administrative action, or decide performance by the respondent within a prescribed time limit, except when the administrative action involves the legitimate rights and interests of a third party, and the third party has provided evidence.

Article 71 If a respondent fails to conclude or perform an administrative agreement according to the law, fails to perform an administrative agreement as agreed, or illegally modifies or terminates an administrative agreement, the administrative reconsideration organ shall decide that the respondent shall be liable for concluding and continuously performing an agreement, adopting remedial measures or compensating for the losses according to the law.

If a respondent has lawfully modified or terminated an administrative agreement, but no compensation has been made according to the law or the compensation is unreasonable, the administrative reconsideration organ shall decide that the respondent shall make reasonable compensation according to the law.

Article 72 If, when applying for administrative reconsideration, an applicant concurrently claims for administrative compensation, and the administrative reconsideration organ shall not make compensation according to the relevant provisions of the State Compensation Law of the People's Republic of China, it shall, when making a decision on administrative reconsideration, concurrently decide to reject a claim for administrative compensation; if compensation shall be made in compliance with the relevant provisions of the State Compensation Law of the People's Republic of China, when deciding to revoke or modify an administrative action, in whole or in part, or confirming that an administrative action is illegal or invalid, it shall concurrently decide that the respondent shall make compensation according to the law; and if an administrative action is confirmed to be illegal, the respondent may concurrently be ordered to adopt remedial measures.

If when applying for administrative reconsideration, an applicant does not claim for administrative compensation, an administrative reconsideration organ shall concurrently order a respondent to return the property, cancel the measures of sealing up, seizing, or freezing the property, or make compensation of the corresponding amount, when making a decision to revoke or modify a fine, in whole or in part, or to revoke administrative actions such as illegally raising funds, confiscating property, collection and expropriation, apportioning charge, and sealing up, seizing, or freezing property, in whole or in part.

Article 73 If the parties have reached an agreement through mediation, an administrative reconsideration organ shall prepare a mediation document for administrative reconsideration, which shall have legal effect when the signatures or seals of all parties, and the seal of the administrative reconsideration organ are affixed thereto.

If no agreement is reached through mediation or one party regrets before the mediation document takes effect, the administrative reconsideration organ shall conduct review according to the law or make a decision on administrative reconsideration in a timely manner.

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

After the parties have reached a settlement, the applicant shall withdraw the application for administrative reconsideration with the administrative reconsideration organ. If an administrative reconsideration institution approves withdrawal of an application for administrative reconsideration or an administrative reconsideration organ decides to terminate the administrative reconsideration, the applicant shall not file any application for administrative reconsideration again on the basis of the same fact and reason, except when an applicant is able to prove that the withdrawal of the application for administrative reconsideration is contrary to the real willingness.

Article 75 An administrative reconsideration organ that makes a decision on administrative reconsideration shall prepare a written decision on administrative reconsideration and affix a seal of the administrative reconsideration organ thereto.

A written decision on administrative reconsideration shall take effect upon service.

Article 76 If, during the process of handling a case of administrative reconsideration, an administrative reconsideration organ finds that a relevant administrative action of a respondent or another administrative organ at a lower level is illegal or inappropriate, it may issue written opinions on administrative reconsideration. A relevant organ shall, within 60 days of receiving the written opinions on administrative reconsideration, report the rectification of the relevant illegal or inappropriate administrative action to the administrative reconsideration organ.

Article 77 A respondent shall perform the decision on administrative reconsideration, mediation document and written opinions.

If a respondent fails to perform or delays performance of a decision on administrative reconsideration, a mediation document and written opinions without justified reasons, the administrative reconsideration organ or a relevant administrative organ at a higher level shall order the respondent to conduct performance within the prescribed time limit, and may interview the relevant person in charge of the respondent or circulate a notice of criticism.

Article 78 An applicant or a third party who fails to institute a litigation within the prescribed time limit and fails to perform a decision on administrative reconsideration or a mediation document, or fails to perform a decision on administrative reconsideration that is a final ruling shall be handled respectively according to the following provisions:

(1) A decision on administrative reconsideration to sustain an administrative action shall be executed compulsorily in accordance with the law by an administrative organ that has taken the administrative action, or be executed compulsorily by a people's court upon application.

(2) A decision on administrative reconsideration modifying an administrative action shall be executed compulsorily in accordance with the law by the administrative reconsideration organ, or be executed compulsorily by a people's court upon application.

(3) A mediation document for administrative reconsideration shall be executed compulsorily in accordance with the law by the administrative reconsideration organ, or be executed compulsorily by a people's court upon application.

Article 79 An administrative reconsideration organ shall, on the basis of the disclosure of the administrative action for which an application for administrative reconsideration is filed, disclose the written decision on administrative reconsideration to the public in accordance with the relevant rules of the state.

The local people's government at or above the county level shall, when handling a case of administrative reconsideration in which the department of the people's government at the same level is the respondent, concurrently send photocopies of the legally effective decision on administrative reconsideration and written opinions to the department at a next higher level.

Chapter VI Legal Liability

Article 80 If an administrative reconsideration organ fails to perform functions of administrative reconsideration in accordance with the provisions of this Law, the liable leaders and directly liable persons shall be subject to disciplinary action such as warning, demerit or major demerit recording according to the law; and if it fails to take corrective action even after being urged by the organ with the power to supervise or serious consequences have been caused, they shall be subject to disciplinary action such as demotion, removal from office, or dismissal according to the law.

Article 81 A staff member of an administrative reconsideration organ that makes falsification for private gain or commits any other acts of dereliction of duty and neglecting duty in administrative reconsideration activities shall, according to the law, be subject to disciplinary action such as warning, demerit or major demerit recording; if the circumstances are serious, he shall be subject to disciplinary action such as demotion, removal from office, or dismissal according to the law; and if a crime is constituted, the violator shall be held criminally liable according to the law.

Article 82 If a respondent, in violation of the provisions of this Law, fails to reply in writing or fails to provide evidence, basis, or any other relevant materials for an administrative action, or obstructs application for administrative reconsideration in accordance with the law by a citizen, legal person or any other organization directly or in a disguised manner, the liable leaders and directly liable persons shall be subject to disciplinary action such as warning, demerit or major demerit recording according to the law; anyone conducting retaliation and frame-ups shall be subject to disciplinary action such as demotion, removal from office, or dismissal according to the law; and if a crime is constituted, the violator shall be held criminally liable according to the law.

Article 83 If a respondent fails to perform or delays the performance of a written decision on administrative reconsideration, a mediation document or written opinions without justified reasons, liable leaders and directly liable persons shall be subject to disciplinary action such as warning, demerit or major demerit recording according to the law; and if a respondent refuses to perform after being ordered to, they shall be subject to disciplinary action such as demotion, removal from office, or dismissal according to the law.

Article 84 Anyone who refuses or obstructs administrative reconsideration officers from conducting investigation and collecting evidence, or deliberately disturbs the order of administrative reconsideration work shall be subject to disciplinary action and public security punishment according to the law; and if a crime is constituted, the violator shall be held criminally liable according to the law.

Article 85 If an administrative organ or its staff member violates the provisions of this Law, the administrative reconsideration organ may transfer the factual materials concerning relevant personnel's violation of law to the supervisory organ or the organ or entity appointing or removing civil servants, and the supervisory organ or the organ or entity appointing or removing civil servants which accepts transfer shall handle it according to the law.

Article 86 If, during the process of handling a case of administrative reconsideration, an administrative reconsideration organ finds clues to problems that a civil servant is suspected of corruption, bribery, dereliction of duty and other duty violations or work-related crimes, it shall transfer them to the supervisory organ in accordance with the relevant provisions, and the supervisory organ shall conduct investigation and handle them according to the law.

Chapter VII Supplementary Provisions

Article 87 An administrative reconsideration organ shall not charge any fees for accepting an application for administrative reconsideration from any applicant.

Article 88 The calculation of administrative reconsideration period and the service of administrative reconsideration documents shall be governed by the provisions of the Civil Procedure Law of the People's Republic of China on period and service, if there are no provisions in this Law.

Provisions of this Law on “three days,” “five days,” “seven days” and “10 days” related to administrative reconsideration period refer to working days, excluding statutory holidays.

Article 89 If foreigners, stateless persons, or foreign organizations apply for administrative reconsideration in the People's Republic of China, this Law shall apply.

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