Human Resources And Social Security Administrative Reconsideration Measures Of

Original Language Title: 人力资源社会保障行政复议办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700258998.shtml

Human resources and social security administrative reconsideration measures of

    (March 16, 2010 human resource and Social Security Department of the 6th release come into force on the date of promulgation) Chapter I General provisions

    Working first in order to standardize the administration of human resources and social security reconsideration, in accordance with the People's Republic of China administration reconsideration law (hereinafter referred to as the administrative reconsideration law) and the People's Republic of China regulations for the implementation of the administrative reconsideration law (hereinafter referred to as regulations for the implementation of the administrative reconsideration law), these measures are formulated.

    A citizen, legal person or other organizations considered that human resources and social security departments to make violations of their legitimate rights and interests of the specific administrative act, to human resources and social security administrative departments may apply for administrative reconsideration, Administrative Department of human resources and social security and the Office of legislative affairs work administrative reconsideration, application of this approach.

    Article human resources and social security administration departments at all levels were human resources and social security administrative reconsideration organs (hereinafter referred to as the administrative body for reconsideration), should seriously carry out the administrative review function, follow the principle of lawfulness, fair, open, timely, convenient, and any mistake shall be corrected, laws, regulations, and human resources and social security regulations are implemented correctly.

    Full-time administrative body for reconsideration shall, in accordance with the relevant provisions of administrative review officers for administrative reconsideration of work to provide financial security.

    Fourth administrative review bodies responsible for legal affairs agencies (hereinafter referred to as administrative reconsideration institutions) specifically handle administrative reconsideration matters, carry out the following functions:

    (A) an application for administrative reconsideration;

    (B) evidence from relevant organizations and researchers, access to documents and information on administrative reconsideration hearings;

    (C) in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article Nineth, go through the third party of administrative reconsideration matters;

    (D) in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article 41st, decide on administrative reconsideration suspension, reinstatement hearing of administrative reconsideration matters;

    (E) in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article 42nd, termination of administrative reconsideration decision;

    (F) review the specific administrative act may apply for administrative reconsideration is legal and appropriate, made recommendations, the administrative reconsideration decision to preside over the administrative reconsideration, mediation, review and permit the settlement of administrative reconsideration;

    (G) the processing or transfer of administrative reconsideration law review application of the relevant provisions set out in article seventh;

    (H) in accordance with the provisions of administrative reconsideration law of 29th, handling of administrative matters such as compensation;

    (I) in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article 37th, handling identification matters;

    (10) in accordance with the rights and responsibilities, supervise administrative admissibility and implementation of the administrative reconsideration decision reconsideration applications;

    (11) human resources and Social Security Department, and who, in violation of administrative reconsideration law, implementation of the administrative reconsideration law regulations and acts in accordance with the provisions of this regulation of the competence and the procedure for handling proposals;

    (12) to study the problems found in the administrative review process and make recommendations to the relevant authorities and departments in a timely manner, significant problems in time to report to the administrative reconsideration organ;

    (13) for processing of appeals decided to file an administrative lawsuit of administrative reconsideration of administrative litigation matters;

    (14) get the handle without direct administrative proceedings of administrative reconsideration or organizations responding to administrative matters;

    (15) the handling of administrative reconsideration and administrative litigation case statistics and record major administrative reconsideration decision matters;

    (16) Organization of training;

    (17) other duties stipulated by laws and regulations. Fifth full-time administrative review officers should be compatible with the fulfilment of duties of administrative reconsideration of integrity, expertise and operational capacity, and obtain the appropriate qualifications.

    Human resources and social security departments at all levels should guarantee the right of administrative review personnel trained, should participate at the administrative reconsideration law examinations provide the necessary help.

    Sixth administrative review officers shall enjoy the following rights:

    (A) shall perform the duties of administrative review is protected by law;

    (B) to carry out functions corresponding to the material conditions of administrative reconsideration;

    (C) advise on administrative reconsideration of work;

    (D) participate in training;

    (E) other rights prescribed by law, regulations and rules.

    Administrative review officers shall perform the following obligations:

    (A) strict compliance with the Constitution and the law;

    (B) on the basis of the facts and take law as the criterion in conducting administrative reconsideration cases;

    (C) dedicated, conscientious, honest, impartial;

    (D) shall safeguard the legitimate rights and interests of the participants in the administrative review;

    (E) keep state secrets, business secrets and personal privacy;

    (Vi) safeguarding national interests, public interests, maintaining the lawful rights and interests of citizens, legal persons or other organizations;

    (VII) other obligations provided by laws, rules and regulations.

    Chapter II scope of administrative reconsideration

    Seventh under any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration:

    (A) human resources and Social Security Department's warnings, fines, confiscation of illegal income, be closed down according to law, revoked license, refuses to accept the decision on administrative penalty;

    (B) refuses to accept the administrative decision on human resources and Social Security Department;

    (Iii) human resources and Social Security Department refuses to accept the administrative license, the administrative examination and approval;

    (D) the Administration refuses to accept the confirmation of human resources and Social Security Department;

    (E) that fails to perform the statutory duties of the human resources and Social Security Department;

    (Vi) considered that human resources and Social Security Department of illegal fees or illegally requires the performance of duties;

    (VII) thought that other specific administrative act undertaken by human resources and Social Security Department violations of their legitimate rights and interests.

    Article citizens, legal persons or other organizations on the following matters, cannot apply for administrative review:

    (A) the Department of human resources and social security administrative or other personnel decisions;

    (B) the labor disputes between workers and employers;

    (C) the work appraisal Commission of acts;

    (D) the labor dispute Arbitration Commission for arbitration, mediation and other acts;

    (E) to other competent administrative authorities on the same matter may apply for administrative reconsideration;

    (F) initiate administrative proceedings to the people's Court, the people's Court has legally admissible;

    (VII) other circumstances as stipulated by laws and administrative regulations.

    Chapter III application for administrative reconsideration

    First applicant

    Nineth in accordance with this Regulation may apply for administrative reconsideration of the citizens, legal persons or other organizations for human resources and social security administrative review to the applicant.

    Tenth administrative review cases the applicant more than 5 people, select 1 to 5 delegates to participate in the administrative reconsideration, and submitted all the applicant signed power of Attorney and all administrative review copies of the applicant's identity card.

    11th article in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article Nineth, citizens, legal persons or other organizations to apply as a third party to the administrative review shall be submitted to the third party application for administrative reconsideration, the application shall set out the facts and reasons for its participation in the administrative review.

    As a third party to the administrative review of the application, it should be it is examined and has an interest in the specific administrative act burden of proof.

    Administrative reconsideration notice or consent, third party administration for reconsideration, shall draw up a notice of the third party to the administrative review, served on a third person, and indicate the date of the third party to the administrative review.

    12th applicant, the third party may appoint 1 or 2 agents to participate in the administrative review. Applicant or third party entrusts an agent to participate in the administrative reconsideration, administrative review agencies submit a power of attorney should be.

    Letter of authorization shall contain the following particulars:

    (A) the name or the name of the delegate, the client is a legal entity or other organization, and shall set forth the name of the legal representative or principal responsible person, position;

    (B) the agent's name, sex, occupation, domicile and postal code;

    (C) commitments, permissions and terms;

    (D) principal-date client signature or seal.

    Rescission or change of applicant, third, administrative reconsideration shall report in writing.

    Section II the respondent

    13th the citizens, legal persons or other organizations on human resources and social security sector specific administrative acts, may apply for administrative reconsideration in accordance with these measures, human resources and Social Security Department of the specific administrative act for applicant.

    14th article specific to human resources and social security administrative departments at and above the county level administrative acts, you can level up human resources and social security administrative departments may apply for reconsideration, or to the human resources and social security administrative departments of the people's Governments at the corresponding level for administrative reconsideration.

    Not satisfied with the specific administrative act undertaken by the Department of human resources and social security, to the Department of human resources and social security may apply for administrative reconsideration.

    Section 15th of the human resources and social security administrative departments under the State Council shall set up social insurance agency (hereinafter referred to as the social insurance agency) in accordance with the laws and regulations of specific administrative acts, can contribute to the direct management of the social insurance agency's human resources and social security administrative departments may apply for administrative reconsideration. 16th article on law by delegate of belongs to career organization of public employment service institutions, and career skills assessment identification institutions and street, and township human resources social security work institutions, made of specific administrative behavior refuses to of, can to delegate its exercise administration functions of human resources social security administrative sector of Shang level human resources social security administrative sector application reconsideration, also can to the human resources social security administrative sector of this level Government application administrative reconsideration.

    Commissioned by human resources and social security administrative departments for applicants. Article 17th of human resources and social security departments and other government departments to work together on behalf of specific administrative acts, may apply to their common administrative department at a higher level for reconsideration.
Common human resources and social security departments to formulate specific administrative acts for the common was one of the applicants.

    18th human resources and Social Security Department agencies, organs or other tissue, laws or regulatory mandate, foreign to their specific administrative acts on behalf of, the human resources and Social Security Department to the respondent.

    Section III application for administrative reconsideration period

    Article 19th of citizens, legal persons or other organizations considered that human resources and social security departments to make violations of the legitimate rights and interests of the specific administrative act, can know the specific administrative act brought within 60 days from the date an application for administrative reconsideration.

    Administrative reconsideration period stipulated in the preceding paragraph in accordance with the following provisions:

    (A) the specific administrative act, from the date on which the specific administrative act;

    (B) set forth the legal instruments directly to a specific administrative act, from the date on which the person signed for;

    (C) set forth the specific administrative act, detains served on the legal instruments, since service and witness in the endorsement on the certificate of service retention calculated from the day of service;

    (D) the legal instruments set forth the specific administrative act may be served by post, since the addressee on receipt of the message receipt date calculation; no mail receipt, since the addressee on the date of signature on the delivery receipt;

    (E) specific administrative action through informed by notice served on the person in accordance with law, counted from the date of expiration of the time provided notice;

    (Vi) when making a specific administrative act the respondent failed to inform citizens, legal persons or other organizations, afterthought told, from the citizens, legal persons or other organizations receive the supplement to inform date of notification;

    (G) the respondent there is documentary evidence to prove that citizens, legal persons or other organizations to know the specific administrative act, since the evidence prove that it knows the specific date on which the administrative act.

    Human resources and social security departments to make a specific administrative act, that shall be to the citizens, legal persons or other organizations was not delivered by the service of legal documents, as the citizens, legal persons or other organizations may not know the specific administrative act.

    Applicant delays due to force majeure or other just cause of statutory application period, application period since the date of the cause of continued evaluation.

    20th human resources and Social Security Department of citizens, legal persons or other organizations to a specific administrative act, apply for administrative reconsideration should be informed of their rights, term of application for administrative reconsideration and the administrative review.

    Fourth administrative review submission of applications for

    21st the applicant may apply for administrative reconsideration in writing, can be submitted in person, by post or by fax or any other means to submit application for administrative reconsideration.

    Conditions acceptable to the Agency of administrative reconsideration of administrative reconsideration application in e-mail.

    For fax, e-mail made an application for administrative reconsideration, administrative reconsideration body should inform the applicant submitted to prove their identity and confirm the authenticity of the application-related written materials.

    22nd the applicant may apply for administrative reconsideration in writing shall set out the following particulars in the application for administrative reconsideration:

    (A) the basic situation of the applicant: the applicant is a citizen, including name, gender, age, social security number, place of work, address, and postal code applicant is a legal person or other organization, including the name, residence, postal code and name of the legal representative or principal responsible person, position;

    (B) the name of the applicant;

    (C) the specific administrative act may apply for administrative reconsideration, administrative reconsideration request, apply for administrative reconsideration of the main facts and reasons;

    (D) the applicant's signature or seal;

    (V) date.

    Orally the applicant may apply for administrative reconsideration, administrative reconsideration shall be in accordance with the provisions of the preceding paragraph, make an application for administrative reconsideration on the spot records check read to the applicant or the applicant and signed by the applicant.

    Article 23rd, one of the following circumstances, the applicant shall provide appropriate documentation:

    (A) that the applicant fails to perform the statutory duties of, had applied to be provided to the applicant to perform the statutory duties of supporting documents;

    (B) when I present my Administration application for administrative reconsideration of the application, provide proof of the damage caused by the specific administrative act against material;

    (C) belong to the 19th paragraph fourth of these measures, provide documentation of force majeure or if there are other legitimate reasons;

    (D) require the applicant to provide documentary evidence of the other.

    Article 24th staggered when applicants apply for administrative reconsideration of the applicant, administrative reconsideration shall advise the applicants to change the respondent.

    During change of the applicant the applicant, are not included in the trial period of administrative reconsideration.

    25th article in accordance with administrative reconsideration method seventh article of provides, applicants think specific administrative behavior by according to of provides not legal of, can in on specific administrative behavior application administrative reconsideration of while together proposed on the provides of review application; applicants in on specific administrative behavior proposed administrative reconsideration application fashion not know the specific administrative behavior by according to of provides of, can in administrative reconsideration organ made administrative reconsideration decided Qian to administrative reconsideration organ proposed on the provides of review application.

    Fourth administrative review accepted

    26th the administrative reconsideration after receipt of an application for administrative reconsideration should be reviewed in the 5th, respectively in accordance with the following conditions:

    (A) that meet the conditions specified in article 28th of the implementation of the administrative reconsideration Law Ordinance, is admissible in accordance with law, making the administrative review notification of acceptance and notification of the administrative review to provide a response, delivered to the applicant and the respondent;

    (B) to comply with the provisions of article seventh scope of administrative reconsideration, but does not belong to the body of the scope of acceptance, shall inform the applicant in writing to submit to the administrative body for reconsideration;

    (C) does not meet the statutory conditions for admissibility and inadmissibility decisions should be made, making the book of inadmissibility decisions of administrative reconsideration, the applicant, the decision shall explain the inadmissibility grounds and basis.

    Does not meet the provisions of the preceding paragraph, an application for administrative reconsideration, administrative reconsideration institutions shall inform the applicants concerned.

    27th human resources and social security administrative departments to other agency receiving the application for reconsideration, shall promptly transmit the administrative reconsideration.

    Addition does not meet the administrative review statutory requirements or does not belong to the administrative review of the accepted applications, an application for administrative reconsideration from the date of receipt of the administrative reconsideration shall be entertained.

    28th article in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article 29th, administrative reconsideration application materials are incomplete or unclear, administrative reconsideration bodies may issue to the applicant a correction notice, a one-time applicant matters requiring correction.

    Correction notice shall set forth the following:

    (A) amendment of administrative reconsideration applications require specific content;

    (B) documentation of needed corrections;

    (C) reasonable correction period;

    (D) fails to rectify the legal consequences.

    Correction term from the date on which the applicant receives notification of the correction.

    Without any justified reason, the time limit is not corrected, treated as abandoned an application for administrative reconsideration of the applicant. Applicant shall submit to the administrative review body within the correction period requires corrections of material.

    Correct application materials used are not included in the administrative review hearing expires.

    29th article applicants law proposed administrative reconsideration application, administrative reconsideration organ no due reason not accepted of, Shang level human resources social security administrative sector can according to applicants of application or according to terms first urged its accepted; by urged still not accepted of, should ordered its deadline accepted, and making ordered accepted administrative reconsideration application notice; necessary Shi, Shang level human resources social security administrative sector also can directly accepted.

    Administrative Department of human resources and social security at a higher level reviews have concluded that an application for administrative reconsideration does not meet the statutory conditions, it shall notify the applicant.

    Article 30th due to work-related injury insurance benefits workers and employers disputes during the labor dispute arbitration Committee for arbitration and ascertainment of the conclusions of the human resources and social security administration refuses to apply for administrative reconsideration of administrative reconsideration organs, if the statutory conditions, shall be admissible.

    Chapter fifth administrative review hearing and decisions

    31st article written review of the approach to the principle of administrative reconsideration, or administrative reconsideration request, the applicant considers it necessary, to the relevant organizations and personnel to investigate the situation, listen to the views of the applicant and the respondent and the third party. 32nd administrative reconsideration institutions shall from the date of filing of administrative reconsideration in the 7th, the copy of the application for administrative reconsideration or administrative reconsideration request copies of transcripts sent by the applicant.

    Being the applicant shall receive a copy of the application or from the date of application copies of transcripts in the 10th, administrative review responses submitted, and had to make a specific administrative act evidence, evidence and other relevant material.

    Reply shall set forth the following administrative reconsideration, and affix the seal of the applicant:

    (A) the applicant's name, address, name, position of the legal representative;

    (B) the specific administrative acts relating to the facts and evidence;

    (C) the specific administrative act according to laws and regulations, specific provisions of regulations and regulatory documents and content;

    (D) to request administrative review the applicant's opinion and reasons;

    (V) date.

    Evidence submitted by the applicant should be the classification number, sources of materials, objects and contents of the evidence briefly.

    Due to force majeure or other justifiable reasons, applications cannot be processed within statutory time limits to submit written responses, submitted the original specific administrative act evidence, evidence and other relevant material, may appeal to the administrative body for reconsideration extension responses and evidence of a written application.

    33rd under any of the following circumstances, the administrative reconsideration institutions can field investigation to verify the evidence:

    (A) the applicant or the respondent disputed the statement of the facts of the case;

    (B) mutual contradictions between the evidence furnished by the applicant;

    (C) the third person put forward new evidence, sufficient to overturn findings of fact by applicants;
(D) other circumstances as the administrative reconsideration deems it necessary.

    When the investigation, administrative review shall be not less than 2, and shall produce their certificates to the party or person concerned.

    Article 34th on major and complex cases, or administrative reconsideration request, the applicant considers it necessary, it can take the form of hearing proceedings.

    Any of the following circumstances, is a major and complex cases:

    (A) cases involving a large number of interests or groups;

    (B) cases with foreign elements;

    (C) cases of social influence;

    (D) the facts of the case and legal relations in complex cases;

    (E) administrative review bodies that other major and complex cases. 35th citizens, legal persons or other organizations against human resources and Social Security Department exercise legal or regulation of discretion of specific administrative acts may apply for administrative reconsideration, administrative reconsideration organs before administrative reconsideration decision is made, the applicant and the respondent may on a voluntary basis, legal settlement.

    The applicant and the respondent reached a settlement, and shall submit to the administrative review body a written settlement agreement.

    Settlement agreement in writing shall include the administrative review results, facts, reason and reach an agreement, and signed or stamped by the applicant and the respondent. Administrative reconsideration shall set forth the claimant and the review of the settlement agreement submitted by the applicant.

    Reconciliation is considered to be the true intention of the applicant and respondent, reconciliation is not contrary to mandatory provisions of the laws and regulations, without prejudice to the State interests and public interests and the legitimate rights and interests of others, administrative reconsideration shall permit reconciliation and put an end to cases of administrative review proceedings.

    36th article in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article 41st, administrative reconsideration suspension, restoration of administrative review cases heard, each Party shall issue the notice of suspension of administrative reconsideration and the administrative reconsideration notice of recovery proceedings and notify the applicant, the respondent and the third party.

    37th in accordance with the provisions of the implementation of the administrative reconsideration law section 42nd, termination of administrative reconsideration of administrative reconsideration organs, shall make and issue the notification of termination of administrative reconsideration, and notify the applicant, the respondent and the third party.

    Article 38th 28th article of the first administrative review law provisions, specific administrative act, the facts are clearly ascertained, is conclusive, the application properly, procedure, as appropriate, the administrative reconsideration organ shall decide to maintain.

    39th in accordance with the administrative reconsideration law of 28th article II provides that the applicant fails to perform the statutory duties of, administrative reconsideration organs should decide to perform legal duties within a certain period.

    40th specific administrative act has the administrative reconsideration law 28th circumstances as provided in article III, administrative reconsideration organs should be decided to withdraw, change the specific administrative act or confirm the specific administrative act illegal; decided to repeal the specific administrative act or confirm the specific administrative act illegal, may enjoin the respondent new specific administrative act is made within a certain period.

    41st on the respondent in accordance with the administrative review law 23rd article written reply, submitted the original specific administrative act evidence, evidence and other relevant material, considered the specific administrative act, there is no evidence, based on the administrative body for reconsideration shall decide to revoke the administrative act.

    42nd specific administrative act implementation of the administrative reconsideration law regulations article 47th circumstances, administrative reconsideration organ may decide to change.

    Article 43rd 48th article of the implementation of the administrative reconsideration Law Ordinance provides that authorities decided to dismiss an application for administrative reconsideration of administrative reconsideration should be made and rejected an application for administrative reconsideration of decision and notify the applicant, the respondent and the third party.

    44th administrative body for reconsideration shall, in accordance with the administrative reconsideration law of 28th article orders the respondent conducted a specific administrative act, the respondent should be in laws, regulations, new specific administrative act is made within the time limit prescribed by the regulations; not prescribed by the laws, rules and regulations and conduct a new specific administrative act for a period of 60 days.

    Citizens, legal persons or other organizations against the respondent conducted a specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.

    45th under any of the following circumstances, the administrative reconsideration organ may mediate in accordance with the principle of voluntary, legal:

    (A) citizens, legal persons or other organizations against human resources and Social Security Department exercise legal or regulation of discretion of specific administrative acts may apply for administrative reconsideration;

    (B) the compensation or executive compensation disputes between the parties;

    (C) other suitable for mediation.

    46th of administrative reconsideration organs for mediation shall comply with the following requirements:

    (A) identified on the basis of the facts of the case;

    (B) fully respect the will of the applicant and the respondent;

    (C) follow the principles of fair and reasonable;

    (D) the result of the conciliation shall be in conformity with the relevant provisions of laws and regulations;

    (E) the result of the conciliation shall be without prejudice to national interests and public interests or the legitimate rights and interests of others. 47th of the claimant and the respondent a conciliation agreement, the administrative reconsideration organ shall be the administrative review of the mediation.

    The administrative review of the mediation shall contain the following:

    (A) the applicant's name, gender, age, residence (legal person or other organization name, address, name of the legal representative or principal responsible person, position);

    (B) the name of the applicant;

    (C) the applicant may apply for administrative reconsideration, fact and reason for the request;

    (D) the facts, reason, evidence, and evidence of the applicant replies;

    (E) basic conditions of conciliation;

    (F) the result of the conciliation;

    (VII) date. The administrative review of the mediation shall be stamped with the seal of the administrative body for reconsideration.

    The administrative review of the mediation signed or sealed by the applicant and respondent, shall have the force of law.

    Mediation no agreement or mediation before the commencement of prosecution history estoppel of a party, the administrative reconsideration organ shall promptly make an administrative reconsideration decision.

    48th made by the administrative body for reconsideration shall, in reviewing the applicant together with the legality of specific administrative act on the basis of provisions should be based on the specific circumstances, respectively, made the following address:

    (A) if the provision was formulated by the executive authorities, should be made to the provisions of law 30th conclusions;

    (B) if the requirements are formulated by the Administrative Department of human resources and social security, shall be transmitted in accordance with legal procedure in the 7th set prescribed by the Administrative Department of human resources and social security, requested within 60 days of its handle;

    (C) if the provisions were enacted by the people's Government, should be dealt with in accordance with legal procedure in the 7th transferred the right to state law.

    During the review of the provisions and suspend the review of the specific administrative act; review after the end of administrative reconsideration organs continue to review of the specific administrative act.

    49th administrative reconsideration organ decides to revoke or alter a specific administrative act or identify specific administrative act unlawful and request administrative compensation the applicant the following specific administrative acts shall be accompanied by the respondent in the administrative reconsideration decision shall be subject to compensation decisions:

    (A) the respondent illegally impose fines, confiscate the illegal gains, according to administrative punishment such as closure, rescission of a license;

    (B) the respondent caused property losses of the applicant of other offences.

    50th of administrative reconsideration organs on administrative reconsideration decision, it shall make the administrative reconsideration of decision, set out the following particulars:

    (A) the name, sex, age, and residence of the applicant (legal person or other organization name, address, name of the legal representative or principal responsible person, position);

    (B) the name and domicile of the applicant;

    (C) the administrative reconsideration request and justification;

    (D) the view of a third person;

    (E) the reply of the applicant;

    (F) the administrative reconsideration organ's findings of fact, reason, applicable laws, rules, regulations and other normative documents;

    (Vi) review decision;

    (G) duration of proceedings with a court against an administrative decision of the applicant;

    (VIII) date.

    The administrative reconsideration decision shall bear the seal of the administrative body for reconsideration.

    51st the administrative body for reconsideration shall, in accordance with the People's Republic of China provisions of the civil procedure law, direct delivery, commissioned by the mailing or delivery, administrative reconsideration decision sent to the applicant, the respondent and the third party.

    52nd subordinate administrative reconsideration organ major administrative reconsideration decision shall promptly report to the higher administrative reconsideration organ for the record. Review after the 53rd case, investigators should archive the files, put them in a timely manner. File retention period not less than 10 years, from its otherwise provided by regulations of the State.

    Save the files after the expiry of, should be dealt with in accordance with the relevant provisions of the archives management.

    Files archived materials should include:

    (A) the processing of an application for administrative reconsideration

    1. an application for administrative reconsideration or administrative reconsideration application record, the applicant submitted evidence;

    2. a letter of authorization, the applicant copy of ID card certificates of identity, the legal representative or principal responsible person;

    3. the notice of reconsideration and correction;

    4. accept the notice of administrative reconsideration and administrative review to provide a response in the notice;

    5. inadmissibility decisions of administrative reconsideration;

    6. notification of administrative reconsideration;

    7. the administrative review reply, the respondent submitted evidence;

    8. third party applications, third party administrative reconsideration notice of administrative reconsideration;

    9. ordered to accept an application for administrative reconsideration notice.

    (B) in the case

    1. the administrative review the investigative records;

    2. the administrative review hearing records;

    3. the notice of suspension of administrative reconsideration, administrative reconsideration recovery notice of hearing;

    4. the administrative review settlement agreements;

    5. the notice of reconsideration postpones;

    6. withdrawal of application for administrative reconsideration;

    7. the normative documents are forwarded to you.

    (C) results

    1. the written reconsideration decision;
2. mediation of administrative reconsideration;

    3. termination of administrative reconsideration;

    4. rejected an application for administrative reconsideration decision.

    (Iv) other

    1. certificate of service of administrative reconsideration of instruments;

    2. administrative review submissions;

    3. the administrative reconsideration of proposals;

    4. other.

    54th case binding, archive should meet the following requirements:

    (A) file binding order;

    (B) the folder list or a pen to fill in with a pen, write legibly;

    (C) the case file should not be altered;

    (D) the volumes of material should be centered at the bottom pagination per page.

    The sixth chapter supplementary articles

    55th article of the referred to human resources and social security departments, including human resources and social security administration, social insurance agencies, public employment services and other agencies with administrative functions.

    56th article human resource requirements for administrative reconsideration of social security, Office premises as well as transportation, communications, photography, sound recording equipment, such as human resources and social security departments at all levels to protect it. 57th administrative reconsideration bodies may use the Special seal for administrative reconsideration.

    In the activities of human resources and social security administrative reconsideration, administrative reconsideration of seal and the seal of the administrative body for reconsideration shall have the same effect.

    58th matters not provided herein, in accordance with the regulations for the implementation of the law on administrative reconsideration, administrative reconsideration regulations. 59th purposes herein from the date of publication. Ministry of labour and social security released on November 23, 1999, the labour and social security administrative reconsideration policy (Ministry of labour and social security, 5th) repealed simultaneously.