Implementing Regulations of the Law of the People's Republic of China on Administrative Review

Order of the State Council [2007] No.499

May 29, 2007

Adopted at the 177th Executive Meeting of the State Council on May 23, 2007, the Implementing Regulations of the Law of the People's Republic of China on Administrative Review are hereby promulgated and shall come into effect as of August 1, 2007.

Premier Wen Jiabao

Appendix: Implementing Regulations of the Law of the People's Republic of China on Administrative Review

Chapter I General Provisions

Article 1 With the goal of further strengthening the role of administrative review in settling administrative disputes, building a government by law and constructing socialist harmonious society, these Regulations are formulated in accordance with the Law of the People's Republic of China on Administrative Review (hereinafter referred to as the Administrative Review Law).

Article 2 Administrative review organs at all levels shall conscientiously perform their duties of administrative review, direct and support offices in charge of legal affairs (hereinafter referred to as administrative review offices) to handle matters related to administrative review in accordance with law, replenish and adjust specific administrative review personnel to ensure that administrative review organs are competent for their tasks.

Article 3 In addition to the duties prescribed in Article 3 of the Administrative Review Law, administrative review offices shall perform the following duties:
1. Forwarding the relevant applications of administrative review in accordance with the provisions of Article 18 of the Administrative Review Law;
2. Handling matters of administrative compensation and other matters prescribed in Article 29 of the Administrative Review Law;
3. Urging the acceptance of the application of administrative review and the implementation of decision of administrative review within their power;
4. Handling administrative review, statistics of administrative cases relating to litigation and matters on filing major administrative review decisions;
5. Handling or organizing the handling of affairs which are directly relating to litigation without administrative review; and
6. Researching problems discovered in administrative review, providing suggestions for improvement to the relevant authorities and reporting major problems to administrative review organs in time.

Article 4 Specific administrative review personnel shall have the morality, conduct, professional knowledge and proficiency commensurate with the duties of administrative review and have obtained the correspondent qualification. The specific measures shall be prescribed by the legal system organ and relevant departments of the State Council jointly.

Chapter II Application of Administrative Review

Section I Applicants

Article 5 Applicants refer to citizens, legal persons or other organizations filing applications for administrative review in accordance with the Administrative Review Law and these Regulations.

Article 6 In the case where a partnership business files an application for administrative review, the applicant shall be the registered enterprise and the partner who operates the business shall participate in the administrative review on behalf of the enterprise. With regard to other partnership organizations, an application for administrative review shall be filed by all the partners jointly.
Where any other organization not covered by the preceding paragraph and having no legal person status files an application for administrative review, the mainly responsible person of the organization shall participate in the administrative review on behalf of the organization. Where there is no such mainly responsible person, another representative recommended by all the members shall participate in the administrative review on behalf of the organization.

Article 7 The shareholders' general meeting, shareholders' congress, and board of directors of a joint-stock enterprise, which consider that the specific administrative acts of an administrative organ infringe on the lawful rights and interests of the enterprise, may file an application for administrative review in the name of the enterprise.

Article 8 Where there are more than 5 applicants of an administrative review case, they shall recommend 1 to 5 representatives to participate in the administrative review.

Article 9 In the course of administrative review, where the administrative review organ considers that any citizen, legal person or another organization other than applicants has an interest in the specific administrative act being reviewed, the organ may notify him/it to participate in the administrative review as a third party.
In the course of administrative review, any citizen, legal person or other organization other than applicants, which has an interest in the specific administrative act being reviewed, may file a request to the administrative review organ for participating in the administrative review as a third party.
In the event that a third party fails to participate in the administrative review, the hearing of the case may not be affected.

Article 10 An applicant or a third party may delegate one to two agents to participate in the administrative review. The applicant or the third party delegating agents shall submit to the administrative review organ a letter of authorization specifying the authorized matters, power and term. Where under any special circumstance, a citizen unable to delegate an agent in writing may delegate authority orally and the administrative review organ shall verify and keep the oral authorization in record. When terminating or modifying an authorization, the applicant or the third party shall submit a written report to the administrative review organ.

Section II Respondents

Article 11 In the event that a citizen, legal person or any other organization refuses to accept a specific administrative act taken by an administrative organ and applies for administrative review in accordance with the Administrative Review Law and these Regulation, the said administrative organ that took the specific administrative act is the respondent of the application.

Article 12 In the event that a specific administrative act is taken jointly by an administrative organ and an organization authorized by law or regulations, the administrative organ and the organization authorized by law or regulations shall be joint respondents.
In the event that a specific administrative act is taken jointly by an administrative organ and any other organization, the administrative organ shall be the respondent.

Article 13 In the event that a specific administrative act is taken by an administrative organ at lower level in accordance with law and administrative rules and regulations and is approved by the higher administrative organ, the approval organ shall be the respondent.

Article 14 In the event that a specific administrative act is taken by a detached organ, internal organ or another organization established by an administrative organ in their own name and without authorization of law or regulations, the administrative organ shall be the respondent.

Section III Time Limit of Application for Administrative Review

Article 15 The time period of application for administrative review prescribed in Paragraph 1, Article 9 of the Administrative Review Law shall be calculated in accordance with the following rules:
1. Where a specific administrative act is taken on the spot, the time period shall start from the day when the specific administrative act is taken;
2. Where the legal document specifying a specific administrative act is directly serviced, the time period shall start from the day when the receiver signs the document;
3. Where the legal document specifying a specific administrative act is served by mail, the time period shall start from the day when the receiver signs the receipt; where there is no receipt, the time period shall start from the day when the receiver signs the return receipt;
4. Where the legal document specifying a specific administrative act is served by announcement in accordance with law, the time period shall start from the day when the period prescribed in the announcement expires;
5. Where an administrative organ fails to inform citizens, legal persons or other organizations of the specific administrative act it has taken and inform them only afterwards, the time period shall start from the day when the citizens, legal persons or other organizations receive the supplementary notification;
6. Where the respondent is able to prove that the citizen, legal person or another organization knows the specific administrative act, the time period shall start from the day when the evidence proves that they know the specific administrative act.
Where an administrative organ taking a specific administrative act shall serve legal documents to the relevant citizen, legal person or another organization and fails to do so, the citizen, legal person or another organization shall be deemed not knowing the specific administrative act.

Article 16 In the event that any citizen, legal person or other organization requests an administrative organ to perform its legal duties in accordance with Article 6 (8), (9), and (10) of the Administrative Review Law and the administrative organ fails to perform the duties, the time period of administrative review shall be calculated in accordance with the following rules:
1. Where there is a term for performance, the time period shall start from the day when the term expires;
2. Where there is no term for performance, the time period shall start from 60 days after the administrative organ receives the request.
In the event that any citizen, legal person or other organization requests an administrative organ to perform its legal duties of protecting the personal and property rights under circumstance of emergencies and the administrative organ fails to perform its duties, the time period of administrative review may not be restrained by the preceding paragraph.

Article 17 In the event that a specific administrative act taken by an administrative organ may have negative impact on the rights and obligations of any citizen, legal person or other organization, the administrative organ shall inform him/it of the right of applying for administrative review, the administrative review organ and the time period of application for administrative review.

Section IV Filing of Application for Administrative Review

Article 18 An applicant who files an application for administrative review in writing may submit the application on the spot, by mail, by fax or by other means.
The administrative review organ may, if the circumstance allows, accept the application for administrative review submitted by e-mail.

Article 19 An applicant who files an application for administrative review in writing shall specify the following items in the application:
1. Basic information of the applicant, including name of the citizen, sex, age, ID card number, work unit, domicile and zip code; name of the legal person or organization, domicile, zip code and the name and title of the legal representative or main person in charge;
2. The name of the respondent;
3. The claim, main facts of and reasons for the administrative review;
4. The signature or seal of the applicant; and
5. The date of filing the application for administrative review.

Article 20 In the event that an applicant applies for administrative review orally, the administrative review organ shall, in accordance with Article 19 in these Regulations, put the application in writing on the spot and hand over or read the record to the applicant to verify. The applicant shall sign on the record for confirmation.

Article 21 Under any of the following circumstances, an applicant shall provide evidence:
1. An applicant considering that the respondent fails to perform legal duties shall provide the evidence for the fact that he has requested the respondent to perform legal duties and the respondent failed to do so;
2. An applicant filing both application for administrative review and claims for administrative compensation shall provide the proofs that the infringement due to a specific administrative act has led to damage;
3. Other circumstances where the applicant shall provide evidence in accordance with laws and regulations.

Article 22 If an applicant puts the wrong respondent in the application when filing for
administrative review, the administrative review organ shall notify the applicant to make correction.

Article 23 An applicant, who refuses to accept the specific administrative act jointly taken by more than two organs of the State Council, may file an application for administrative review to either of the organ in accordance with Article 14 of the Administrative Review Law and the decision of administrative review shall be jointly made by the organs of the State Council taking the specific administrative act.

Article 24 Where an applicant refuses to accept the specific administrative act taken by the organ which is, with the approval of the State Council, subject to vertical leadership below the provincial level, he may file an application for administrative review either to the people's government at the organ's level or to the organ in charge at a higher level. Where the regulations of a province, autonomous region or municipality directly under the Central Government provide otherwise, the said regulations shall prevail.

Article 25 An applicant filing an application for administrative review in accordance with Paragraph 2, Article 30 of the Administrative Review Law shall file the application to the people's government of the province, autonomous region or municipality directly under the Central Government.

Article 26 In the event that an applicant considers the regulations as the basis of the specific administrative act are illegal in accordance with Article 7 of the Administrative Review Law, he may file an application for the review of the regulations with the application for administrative review. In the event that an applicant does not know the basis of the specific administrative act when he files an application for administrative review, he may file an application for the review of the regulations before the administrative review organ make a decision of administrative review.

Chapter III Acceptance of Administrative Review

Article 27 Where any citizen, legal person or other organization considers that the specific administrative act of an administrative organ infringes on their lawful rights and interests and files an application for administrative review, the administrative review organ must accept the application unless the application fails to meet the conditions specified in the Administrative Review Law and these Regulations.

Article 28 The application for administrative review, which meet the following stipulations, shall be accepted:
1. There is a definite applicant and a respondent;
2. The applicant has an interest in the specific administrative act;
3. There are specific request and reasons for the administrative review;
4. The application is filed within the legal term;
5. The application falls into the scope of administrative review specified by the Administrative Review Law;
6. The application falls into the scope of the duties of the administrative review organ which receive the application; and
7. None of any other administrative review organs has accepted the same application and no people's court has accepted the administrative action instituted by the same subject on the basis of the same facts.

Article 29 In the event that the application documents for administrative review are incomplete or unclear, the administrative review department may, within 5 days after the receipt of the application, inform the applicant in writing to supplement the documents. The notification of supplementation shall specify the items to be supplemented or corrected and prescribe a reasonable time limit. The applicant who fails to supplement and correct the documents without justified reasons within the time limit shall be deemed to abandon the application for administrative review. The time spent on supplementing and correcting the documents shall not be included in the time limit of administrative review.


Article 30 Where an applicant files an application for administrative review to two or more than two competent administrative organs on the same fact, the application shall be accepted by the administrative organ which first receives the application. Where the administrative organs receive the application at the same time, the acceptance shall be decided by the organs receiving the application through consultation within 10 days. If they fail to reach an agreement, the higher administrative authority of the organs shall appoint an organ to accept the application within 10 days. The time spent on consultation or appointment of the accepting organ shall not be included in the time limit of administrative review.

Article 31 In accordance with Article 20 of the Administrative Review Law, the higher administrative organ considering that the reasons of the administrative review organ for not to accept reviewan application for administrative review are not justifiable may urge it to accept the application. Where the administrative review organ still refuses to accept the application, the higher organ shall order it to accept the application within a time limit or accept the application by itself if necessary. In the event that the higher administrative organ considers that the application fails to meet the legal requirements for acceptance, it shall inform the applicant.

Chapter IV Decision of Administrative Review

Article 32 The hearing of an administrative review case shall be attended by more than two administrative review personnel.

Article 33 An administrative review organ may make an on-the spot investigation to verify evidence when it considers necessary. In the case of major and complicated cases, an administrative review organ may hold a hearing of witnesses when the applicant makes a request or the administrative review organ considers it necessary.

Article 34 When conducting an investigation on and collecting evidence from the relevant organizations and persons, the administrative review personnel may consult, copy and transfer the documents and materials concerned and question the relevant persons.
When conducting an investigation and collecting evidence, there shall be more than two administrative review personnel present, and they shall show their I.D. to the people and personnel concerned. The organization or personnel investigated shall cooperate with the administrative review personnel and may not refuse or impede their work.
The time spent on on-the-spot investigation is not included in the time limit of administrative review hearing when on-the-spot investigation is necessary.

Article 35 An administrative review organ shall provide necessary conditions for the consultation of the relevant information for applicants and third parties

Article 36 Where an applicant files an application for administrative review to the administrative organ or department taking specific administrative act in accordance with Article 14 of the Administrative Review Law, the organ or department shall make a written response and submit the evidence, basis and other relevant materials of the specific administrative act taken.

Article 37 In the event that a special item involved in the administrative review needs to be authenticated, the parties may entrust judicial expertise services or request the administrative review department to entrust expertise services to give judicial expertise. The fees for the service shall be born by the parties and the time spent on judicial expertise is not included in the time limit of administrative review hearing.

Article 38 With the approval of the administrative review department, an applicant may withdraw the application for administrative review of his own accord prior to any decision made on the administrative review.
An applicant withdrawing the application for administrative review may not files an application for administrative review on the basis of the same facts and reasons unless the applicant can prove that the withdrawal of the application has been against his true expression of intent.

Article 39 The modification of the original specific administrative act by the respondent in the course of administrative review may not affect the hearing of the administrative review case unless the applicant withdraws the application for administrative review in accordance with law.

Article 40 Where any citizen, legal person or other organization refusing to accept the specific administrative act taken with the discretionary power prescribed by law and regulations applies for administrative review and reaches a settlement with the respondent, the applicant shall submit a written settlement agreement to the administrative review organ. In the case that the settlement does not infringe upon public interests and others' legitimate rights, the administrative review organ shall permit the settlement.

Article 41 In the course of administrative review, where one of the following circumstances occurs and affects the hearing of the case, the administrative review shall be suspended:
1. The applicant who is a natural person dies and his or her close relatives have not decided whether or not to participate in the administrative review;
2. The applicant who is a natural person loses his capacity of participating in the administrative review and his or her agents who participate in the administrative review are not ascertained;
3. The applicant who is a legal person or any other organization is terminated and the successor of its rights and obligations are not ascertained;
4. The whereabouts of the applicant who is a natural person is unknown or the applicant is declared missing;
5. The applicant and respondent cannot participate in the administrative review due to the force majeure;
6. The application of law involved in the case needs to be interpreted or defined by other competent authorities;
7. The hearing of the case needs to be on the basis of the results of other cases which are not concluded yet;
8. Other circumstances where the administrative review needs to be suspended.
The hearing of the case shall be resumed in time once the reasons for suspension of the administrative review have disappeared.
When suspending or resuming the hearing of the administrative review case, the administrative review organ shall inform the parties concerned.


Article 42 In the course of administrative review, where one of the following circumstances occurs, the administrative review shall be terminated:
1. The administrative review organ approves the applicant's withdrawal of the application for administrative review;
2. An applicant who is a natural person dies and there is no close relative or his or her close relatives abandon the right of administrative review;
3. An applicant that is a legal person or another organization is terminated and the successors of its rights and obligations abandon the rights of administrative review;
4. An applicant and respondent have reached a settlement agreement approved by the administrative review organ in accordance with Article 40 of these Regulations;
5. After an applicant refusing to accept administrative detention or the administrative coercive measures of restriction of personal freedom files an application for administrative review, the administrative detention or the administrative coercive measures have been changed to penal detention because the applicant's same act is suspected of being a crime.
In the event that the administrative review is suspended in accordance with Paragraph 1 (1) (2) and (3), Article 41 of these Regulations and the reasons for suspension do not disappears within 60 days, the administrative review shall be terminated.


Article 43 In accordance with Paragraph 1(1), Article 28 of the Administrative Review Law, if the facts are clearly ascertained by a specific administrative act, the evidence for the act is conclusive, the basis of application is correct, the procedure is lawful, and the content of the act is proper, the specific administrative review act shall be maintained by the decision of the administrative review organ.

Article 44 In accordance with Paragraph 1(2), Article 28 of the Administrative Review Law, the respondent who fails to perform the statutory duties shall be required to perform the duties within a prescribed time limit by the decision of the administrative review organ.

Article 45 Where a specific administrative act is under any of the circumstances listed in Paragraph 1(3), Article 28 of the Administrative Review Law, the administrative review organ shall decide to revoke or modify the specific administrative act or confirm that the specific administrative act is unlawful. In the event that the specific administrative act is revoked or declared unlawful, the administrative review may order the respondent to renew the specific administrative act within a time limit.

Article 46 In the event that a respondent fails to submit a written response or the evidence, basis and other materials of the specific administrative act in accordance with Article 23 of the Administrative Review Law, the specific administrative act shall be deemed as not having evidence and basis and the administrative review organ shall decide to revoke the specific administrative act.

Article 47 Under any of the following circumstances, the administrative review organ may decide to modify the specific administrative acts:
1. The facts recognized by the administrative act are clear, the evidence is sufficient, and the procedure is lawful. However, the administrative act is obviously improper or the basis of the application of the act is incorrect;
2. The facts recognized by the administrative act are unclear and the evidence is insufficient. However, upon the hearing, the administrative review organ finds that the facts are clear and the evidence is sufficient.

Article 48 Under any of the following circumstances, the administrative review organ shall decide to reject the application for administrative review:
1. The applicant considers that an administrative organ fails to perform their statutory duties and the administrative review organ finds, upon hearing, that the administrative organ does not have the said duties or has performed the duties prior to the acceptance of the application;
2. The administrative review organ, after accepting the application, finds that the application fails to meet the conditions for acceptance required by the Administrative Review Law and these Regulations.
The higher administrative organ, which considers that the administrative review organ's reason for rejection is not justifiable, shall order it to resume the hearing.

Article 49 Where the administrative review organ has ordered the respondent to renew the specific administrative act in accordance with Article 28 of the Administrative Review Law, the respondent shall renew the specific administrative act within the time limit prescribed by laws and administrative rules and regulations. Where no time limit is prescribed by laws or administrative rules and regulations, the time limit of the new specific administrative act is 60 days.
Any citizen, legal person or other organization refusing to accept the new specific administrative act taken by the respondent may file an application for administrative review or institute an administrative action in accordance with law.

Article 50 Under any of the following circumstances, the administrative review organ may mediate between the applicant and the respondent on a voluntary and lawful basis:
1. Any citizen, legal person or other organization refuses to accept the specific administrative act taken by the administrative organ with the discretionary power prescribed by law and regulations and files an application for administrative review;
2. The administrative compensation or administrative retrieval dispute between the parties.
In the case that the parties reach an agreement after mediation, the administrative review organ shall issue a conciliation statement for administrative review, which shall specify the claim, facts, reasons for administrative review and the result of mediation and be affixed with the seal of the administrative review organ. The conciliation statement shall be legally effective upon being signed by both parties.
In the case that the mediation fails to lead to conciliation or one party goes back on the conciliation statement before it takes effect, the administrative review organ shall make a decision of administrative review in time.

Article 51 The administrative review organ may not make a decision which is more disadvantageous to the applicant within the scope of the administrative review claims of the applicant.

Article 52 The third party neither instituting an action nor implementing the decision of the administrative review shall be subject to the provisions of Article 33 of the Administrative Review Law.

Chapter V Direction and Supervision of Administrative Review

Article 53 Administrative review organs shall strengthen the leadership on the work of administrative review.
Under the leadership of administrative review organs at their level, administrative review offices shall supervise and direct the work of administrative review to the extent of their duties and competence.

Article 54 People's governments at and above the county level shall strengthen the supervision over performance of administrative review by their functional departments and people's governments at lower levels.
Administrative review organs shall strengthen the supervision over performance of administrative review by their administrative review departments.

Article 55 People's governments at and above the county level shall establish and promote the responsibility system for the work of administrative review and bring the work of administrative review into the target responsibility system of the government.

Article 56 People's governments at and above the county level shall conduct inspections of the work of administrative review by their functional departments and people's governments at lower levels through periodic inspection, selective examination and other means within their competence and feedback the results of inspection to the relative authorities in time.

Article 57 Where, in the course of administrative review, the administrative review organ finds that the administrative acts of the respondent or other administrative organs at lower levels are illegal or that problems arising from the administrative acts need to be dealt with, the administrative review organ may issue written opinions on administrative review. The relevant authorities shall, within 60 days after the receipt of the written opinions, report the correction of illegal administrative acts and the resolution of the problems to the administrative review organ.
Where, in the course of administrative review, the administrative review organ finds that there is a general problem in the implementation of laws and administrative rules and regulations, it may issue written opinions on administrative review and offer suggestions to the relevant authorities on system perfection and administrative law implementation.

Article 58 Administrative review organs of people's governments above the county level shall submit periodic analysis report on the work of administrative review to the people's governments at the same level.

Article 59 Administrative review organs at the lower level shall submit the decisions of major administrative review to administrative review organs at the higher level for record filing on a timely basis.

Article 60 Administrative review organs at all levels shall organize periodic professional trainings for administrative review personnel to improve their professional quality.

Article 61 Administrative review organs at all levels shall summarize the work of administrative review periodically and commend or reward the units and individuals for their accomplishments in work in accordance with the relevant regulations.

Chapter VI Legal Liability

Article 62 A respondent who fails to take a new specific administrative act in accordance with the decision of administrative review or whose new specific administrative act violates regulations shall bear legal liabilities in accordance with Article 37 of the Administrative Review Law.

Article 63 Where an administrative organ refuses or obstructs the investigation, consultation, copying or transfer of the relevant documents and information of the administrative review personnel, the relevant responsible personnel shall be given sanction or public security administrative punishments. Those whose conducts constitutes a crime shall bear criminal liabilities.

Article 64 Where the administrative review organ or administrative review department fails to perform the duties of administrative review required by the Administrative Review Law and these Regulations and refuses to make corrections upon the urges of the competent supervising authorities, the responsible personnel in charge and other directly responsible persons shall be given warnings, demerits or serious demerits. The personnel whose conducts lead to serious consequences shall be subject to the sanction of degradation, dismissal or expulsion.


Article 65 In the event that an administrative organ and its staff violate the Administrative Review Law and these Regulations, the administrative review organ may make suggestions on sanctions against the relevant responsible persons to the personnel and supervision organs or transfer the facts and materials of the relevant persons' illegal acts directly to the personnel and supervision organs. The personnel and supervision organs accepting the materials transferred shall give punishments in accordance with the law and inform the administrative review organ of the results.

Chapter VII Supplementary Provisions

Article 66 These Regulations shall come into effect as of August 1, 2007.