Chapter I General Provisions

Article 1 For the purpose of regulating the administrative reconsideration on land and resources, further exerting the role of the administrative reconsideration system in tackling the administrative disputes over land and resources and resolving social contradictions and protecting the legitimate rights and interests of citizens, legal persons and other organizations, the Provisions is formulated pursuant to the Administrative Reconsideration Law of the People’s Republic of China (hereinafter referred to as the Administrative Reconsideration Law) and the Regulation on the Implementation of the Administrative Reconsideration Law of the People’s Republic of China (hereinafter referred to as the Regulation on the Implementation of the Administrative Reconsideration Law),.

Article 2 The administrative organ for reconsideration on land and resources (hereinafter referred to as administrative organ for reconsideration) herein refers to the land and resources administration department performing the duty of administrative reconsideration in accordance with the Administrative Reconsideration Law and the Regulation on the Implementation of the Administrative Reconsideration Law. The administrative organization for reconsideration on land and resources (hereinafter referred to as administrative organization for reconsideration) herein refers to the organization responsible for legal work or wholly engaging in administrative reconsideration in the land and resources administration department.

Article 3 The Ministry of Land and Resources shall conduct guidance and supervision on the nationwide administrative reconsideration on land and resources and administrative responses to litigations.

The high-level land and resources administration department shall conduct guidance and supervisions on the administrative reconsideration and administrative responses to litigations of the lower-level land and resources administration department.

Article 4 The administration organ for reconsideration may set up one administrative reconsideration committee if necessary, with the main functions of one administrative reconsideration committee as follows:

(1)    Examine and approve the rules, system and procedure of administrative reconsideration;

(2)    Deliberate and handle abstract administrative act as prescribed in Article 7 of the Administrative Reconsideration Law and raise handling suggestions;

(3)    Check and decide serious and complicated administrative reconsideration cases, study serious and complicated administrative lawsuits caused by administrative reconsideration decisions and raise handling suggestions; and

(4)    Study and handle other serious issues involved in administrative reconsideration.

Administrative reconsideration organ is a daily work agency of administrative reconsideration committee.

Article 5 The administrative reconsideration organization handles administrative reconsideration items, organizes and handles administrative responses to litigations and specifically guides and supervises the administrative reconsideration and administrative responses to litigations of the low-level land and resources administration department.

Other organizations of the administrative reconsideration organ are responsible for related work in accordance with the Provisions herein.

Article 6 Two or more administrative reconsideration workers should participate while the administrative reconsideration organization hears the administrative reconsideration cases.

The administrative reconsideration workers should be possessed of good legal quality, familiar with laws and regulations related to land and resources management, devoted to their duty, enforce laws impartially and acquire corresponding qualification.

Article 7 The administrative reconsideration organ should be equipped with necessary administrative reconsideration workers and facilities for handling cases, organize regular professional trainings according to work demand and grant honors and rewards to the units and individuals with outstanding achievements in the administrative reconsideration work in accordance with relevant provisions.

Chapter II Acceptance

Article 8 The administrative reconsideration organization uniformly accepts the administrative reconsideration applications.

Where any other organization of the administrative reconsideration organ receives the administrative reconsideration application, they should forward the administrative reconsideration organization of its administrative reconsideration organ within 2 working days upon receiving the administrative reconsideration application.

The administrative reconsideration organization should made special registration on the forwarded administrative reconsideration application.

Article 9 Where the administrative reconsideration application materials are incomplete or have obscure statements, the administrative reconsideration organization may notify the applicant to supplement and correct in a written form within 5 working days upon receiving the administrative reconsideration application.

The approvable letter should state clearly the following items:

(1)     The specific content needed to be corrected and supplemented in the administrative reconsideration application;

(2)     Materials needed to be supplemented and corrected;

(3)     Reasonable deadline for supplement and correction; and

(4)     Legal consequences for overdue supplement and correction.

Article 10 where one administrative reconsideration application meets the provisions of Article 28 of the Regulations on the Implementation of the Administrative Reconsideration Law, the administrative reconsideration organization should accept the application, make the administrative reconsideration application acceptance letter and issue it to the applicant.

The administrative reconsideration application letter should state clearly the rights enjoyed by the applicant according to law.

Article 11 For the administrative reconsideration application beyond the duty of one administrative reconsideration organ, the organ should in a written form notify the applicant to file an application to one relevant administrative reconsideration organ.

In the event one applicant repeatedly files an administrative reconsideration application with the same fact and reason, the administrative reconsideration organ should in a written form notify the applicant not to make repeated applications.

Article 12 In the event there are the situations unqualified for the requirements for legal application acceptance but where the administrative act of one applicant or the low-level land and resources administrative department violates laws and regulations or is obviously improper in the review process, the administrative reconsideration organ may require relevant departments to find out the truth, remedy illegal act and submit the written remedied results to the organ.

Chapter III Handling

Article 13 The administrative reconsideration organization should, within 7 working days upon accepting one administrative reconsideration application, send to the respondent the reply letter and the copy of the application or photocopies of application record.

Article 14 Where the Ministry of Land and Resources is the respondent, the former undertaking organization for specific administrative acts make the written reply to the leader of branch responsible department under the organization for examination and signature and affixing the seal of the Ministry of Land and Resources. In the event specific administrative act is undertaken by several organizations, the responsible organization files a written reply and is coordinated by other organizations for handling.

Where one local land and resources administrative department acts as the respondent, the former undertaking organization for specific administrative act files a written reply and reports it to the responsible person of the department for signing and distribution after examination and approval of the administrative reconsideration organization at the level.

The former undertaking organization for specific administrative act should appoint 1 or 2 agents to participate in the administrative reconsideration.

Article 15 One respondent should, within 10 days upon receiving the copy of the application or the photocopies of application record, submit the administrative reconsideration reply letter as well as the evidences, basis and other relevant materials preliminarily proving specific administrative act.

Where one respondent fails to follow the provisions above to give the written reply and provide the evidences, basis and other relevant materials preliminarily proving specific administrative act, it is regarded that the specific administrative act has no evidence and basis.

The administrative reconsideration reply letter should, after being affixed the seal of the respondent, state clearly the following items:

(1)    Name and address of one respondent and name and position of its legal representative;

(2)    Facts and relevant evidence materials for specific administrative act;

(3)    Specific clauses and content of laws, regulations, rules and regulatory documents for the basis of specific administrative act;

(4)    Opinions and reasons for the reconsideration application of one applicant; and

(5)    Reply date.

One respondent should classify and code the submitted evidence materials and make brief explanation for the source of evidence materials, object of proof and content.

Article 16 One respondent may supplement related evidence after the approval of the administrative reconsideration organization in the following circumstances:

(1)    In the event the evidences have been collected while conducting specific administrative act but cannot be provided for legitimate reasons including force majeure when the administrative reconsideration reply is filed; and

(2)    In the event one applicant or the third party raises the argument grounds or evidences but not in conducting specific administrative act in the process of administrative reconsideration.

Article 17 The administrative reconsideration organ should provide necessary places and conditions for the applicant and the third party to consult the materials involving the application.

The applicant, the third party and their agents should show certificates and the administrative reconsideration workers should be present while referring to the materials.

Article 18 For the accepted administrative reconsideration cases, the administrative reconsideration organization may solicit the opinions of the departments related to itself in accordance with the requirements of cases.

Article 19 The administrative reconsideration in principle adopts the measure of written handling, and the administrative reconsideration organization may also hold the administrative reconsideration case review meeting to hear the opinions of the persons involved in its presence.

In the event of more than 3 persons involved, 1 to 3 representatives shall be elected to participate in the review meeting.

The administrative reconsideration organization is responsible to preside over the review meeting and related departments should assign persons to participate and put forward comment opinions according to the review.

One person involved should show certificates while participating in the review meeting, and may make statements, confrontations and arguments.

The review meeting may make the review notes and comment notes, the review notes should go to the person involved present at the review meeting for signature or affixing seal, and the comment notes should go to reviewers for signature or affixing seal.

Article 20 For serious and complicated administrative reconsideration cases, they may be handled by means of hearing if one applicant files an application or the administrative reconsideration organization thinks it necessary.

Hearing should abide by the principle of openness, fairness, justice and convenience for people to fully hear the opinions of the person involved and guarantee his right to make statements, confrontations and arguments. Hearing shall be held publicly apart from being involved in state secret, business secret or individual privacy.

Article 21 Where one administrative reconsideration organization is determined to hold a hearing, it should notify the hearing items including time, place and specific requirements to the persons involved in a written form within 7 working days before the hearing.

The applicant shall take part in the hearing, for the one who fails to participate without proper reasons, he is regarded to throw away the right to the hearing.

That the third party doesn’t participate in the hearing does not affect the holding of the hearing.

In the event of more than 3 persons involved, 1 to 3 representatives shall be elected to take part in the hearing.

Article 22 A hearing is presided over by the responsible person of the administrative reconsideration organization or the person assigned by the organization, with hearers consisting of persons from the administrative reconsideration and related departments, and the number of hearers should be odd.

Article 23 A hearing should operate in according to the following procedures:

(1)    Check the identity of persons involved and inform the persons involved of rights and obligations;

(2)    Persons involved make statements;

(3)    Persons involved make confrontations;

(4)    Persons involved make arguments; and

(5)    Persons involved make final statements.

Article 24 Hearing notes should be made while holding a hearing.

The hearing notes should state clearly the following items:

(1)    Time and place of the hearing;

(2)    Basic condition of persons involved and their agents;

(3)    Names and positions of hearing host, hearers and recorder;

(4)    Cause of action;

(5)    Focus argued by persons involved and relevant facts, evidences and basis; and

(6)    Other items that should be stated clearly.

The hearing notes should go to persons involved for signature or affixing seal.

Article 25 The administrative reconsideration cases suspended according to law should resume to be handled within 5 working days in the wake of the elimination of suspension and persons involved should be informed of this in a written form.

Article 26 The administrative reconsideration terminates during the period of administrative reconsideration in the following situations:

(1)    The applicant asks to withdraw the administrative reconsideration application and the administrative reconsideration organization approves the withdrawal;

(2)    The natural person as the applicant dies and has no kinship or his kinship gives up the administrative reconsideration right;

(3)    The legal person or any other organization serving as the applicant terminates and the party succeeding to its rights and obligations gives up the administrative reconsideration right; and

(4)    The applicant and the respondent become reconciled after being approved by the administrative reconsideration organization in accordance with Article 40 of the Regulation on the Implementation of the Administrative Reconsideration Law.

Chapter IV Decision

Article 27 The administrative reconsideration organization should by law review the specific administrative act conducted by the applicant, raise the handling opinions and make the administrative reconsideration decision after being reviewed and approved by the responsible person of the administrative reconsideration organ or the person responsible for administrative reconsideration in the organ.

The handling opinions of serious and complicated administrative reconsideration cases may be submitted to the administrative reconsideration committee of the administrative reconsideration organ for review and approval.

Article 28 Making the administrative reconsideration decision should make the administrative reconsideration decision letter, which should be affixed the seal of the administrative reconsideration organ or the special administrative reconsideration seal and state clearly the following content:

(1)    Name, sex, age, nationality, profession and address of the applicant (name and address of legal persons or any other organization and name and position of legal representative), and name and address of the agent entrusted by the applicant;

(2)    Name and address of the respondent, name and position of legal representative, and name and address of the agent entrusted by the respondent;

(3)    Name, sex, age, nationality, profession and address of the third party (name and address of legal person or any other organization, and name and position of legal representative), and name and address of the agent entrusted by the third party;

(4)    Reconsideration application and reason of the applicant;

(5)    Reason and basis of the respondent for reply;

(6)    Reason and basis of the third party for reply;

(7)    Facts and evidences reviewed and affirmed in the administrative reconsideration;

(8)    Administrative reconsideration conclusion and basis;

(9)    Deadline of filing an appeal to the people’s court or the State Council for ruling for not accepting the administrative reconsideration decision; and

(10) Date when an administrative reconsideration decision is made.

Article 29 The administrative reconsideration organ should fill in the delivered receipt when delivering the administrative reconsideration decision letter.

Article 30 In the event the maintenance of the administrative reconsideration decision leads to administrative action, the former undertaking agency for specific administrative act is responsible to collect and sort out the evidences, basis and other relevant materials for specific administrative act, raise an answer brief and decide 1 or 2 agents to respond to litigation in court, with the administrative reconsideration organization coordinating to handle; in the event alteration of the former specific administrative act by the administrative reconsideration decision leads to administrative action, the administrative reconsideration organization is responsible to respond to litigation.

In the event specific administrative act leads to administrative action, the former undertaking agency for specific administrative act is responsible to collect and sort out the evidences, basis and other relevant materials for specific administrative act, raise an answer brief and decide 1 or 2 agents to respond to litigation in court, with the administrative reconsideration organization coordinating to handle.

Chapter V Implementation and Supervision and Check

Article 31 The respondent should implement the administrative reconsideration decision. Where the respondent fails to implement or has no proper reason to delay the implementation of the administrative reconsideration decision, the administrative reconsideration organ should order it to conduct implementation within the legal time limit.

The notice of being ordering to implement should be made for the respondent who is ordered to implement within a fixed time.

The respondent should implement the administrative reconsideration decision within the legal time limit upon receiving the notice of being ordered to implement and submit the performance status to the administrative reconsideration organ.

Article 32 For the respondent that is ordered to redo specific administrative act, it shall not do the same or basically same specific administrative act as the former one with the same fact and reason, except the situation for violating legal procedures.

Article 33 The high-level land and resources administration department should conduct inspections on the administrative reconsideration work and the institutional implementation of its subordinate departments by means of regular inspection or selective examination.

Article 34 In the event the administrative reconsideration organization fails to apply to register or review administrative reconsideration by law, the administrative reconsideration organ may order it to perform the duty according to law. For other agencies that fail to forward administrative reconsideration application in accordance with provisions, they shall undertake related legal obligation for this.

Where the former undertaking agency for specific administrative act raises a written reply and decides agents not in accordance with the requirements of Article 14 of the Provisions herein, it shall undertake related legal obligation for this.

Article 35 The land and resources administration department should incorporate the implementation status of administrative reconsideration and administrative reconsideration decision into the assessment for administration according to law.

Where for the situation where administrative reconsideration decision is not implemented or the status of remedying related administrative illegality is not reported to the administrative reconsideration organ within 60 days upon receiving the administrative reconsideration opinion, the administrative reconsideration organ should circulate a notice of criticism, and the directly responsible person and other directly responsible persons of the criticized land and resources administration department shall not take part in the excellence selection activities of that year and the following year.

Article 36 The persons in charge of case shall timely set and place case documents on file after settling the administrative reconsideration case.

Chapter VI Supplementary Provisions

Article 37 The land and resources administrative reconsideration document style shall be uniformly formulated by the Ministry of Land and Resources.