Land And Resources Administrative Review Provisions (Revised 2009)

Original Language Title: 国土资源行政复议规定(2009年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400252995.shtml

Land and resources administrative review provisions (revised 2009)

    (June 28, 2001, the Ministry for the 5th Ministerial Conference on November 5, 2009 the 12th ministerial meeting of the Ministry of land and resources on November 14, 2009, People's Republic of China Ministry of land and resources, the 46th release come into force on January 1, 2010) Chapter I General provisions

    First article for specification land resources administrative reconsideration work, further play administrative reconsideration system in solution land resources administrative dispute, and resolve social contradictions in the of role, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative reconsideration method (following referred to administrative reconsideration method) and People's Republic of China administrative reconsideration method implementation Ordinance (following referred to administrative reconsideration method implementation Ordinance), developed this provides. II land and resources administrative reconsideration organs mentioned in these regulations (hereinafter referred to as the administrative reconsideration organ), is based on the administrative reconsideration law and regulations for the implementation of the administrative reconsideration law set out responsibilities of land and resources administrative departments administrative reconsideration.

    Land and resources administrative reconsideration institutions (hereinafter referred to as administrative reconsideration institutions), refers to the land and resources administrative departments in charge of Legal Affairs in the institution or specialist contractors to agencies for administrative reconsideration matters.

    Article III of the Ministry of national land and resources administrative reconsideration and administrative procedure to guide and supervise the work.

    Superior administrative departments of land and resources on land and resources administrative departments at lower levels of administrative reconsideration and administrative procedure to guide and supervise the work. Fourth administrative review bodies may be established in accordance with the needs of administrative reconsideration Committee.

    The reconsideration of the Board's main responsibilities are:

    (A) validation of administrative reconsideration of work rules, policies and procedures;

    (B) examining the administrative reconsideration law seventh abstract administrative acts provided for in article, and put forward opinions;

    (C) the audited over grave and complicated administrative review case studies for administrative reconsideration decision has caused grave and complicated administrative cases, and put forward opinions;

    (D) other major issues involved in research, administrative reconsideration.

    Administrative reconsideration is the reconsideration of the Board's offices daily.

    Fifth administrative review Agency for administrative reconsideration matters and organizational response to handling administrative matters, specific guidance and supervises the Department of land and resources administration of administrative reconsideration and administrative litigation.

    According to the regulations of other bodies of administrative reconsideration organs responsible for the relevant work.

    Sixth administrative review cases before the administrative reconsideration, administrative reconsideration should consist of 2 or more participants.

    Administrative review officers shall have good legal literacy, familiar with land and resource management law, loyalty, impartiality, and obtain the appropriate qualifications.

    The seventh administrative review of the administrative body for reconsideration shall be equipped with the necessary staff and facilities for handling, according to work needs regular professional training, has made remarkable achievements in the administrative reconsideration of work units and individuals, in accordance with the relevant regulations, recognize and reward.

    Chapter II admissibility

    Eighth administrative reconsideration institutions accepted an application for administrative reconsideration.

    Other agency receives an application for administrative reconsideration of administrative reconsideration organs, of receipt of an application for administrative reconsideration should be transferred within 2 working days from the date the administrative reconsideration of administrative reconsideration organs.

    An application for administrative reconsideration of administrative reconsideration institutions should receive a specialized registration.

    Nineth administrative reconsideration application materials are incomplete or unclear, the administrative reconsideration institutions may receive the administrative reconsideration application notifies the applicant in writing within 5 working days from the date of correction.

    Correction notice shall set out the following:

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

    (B) the need to supplement materials;

    (C) reasonable correction period;

    (D) fails to rectify the legal consequences.

    Tenth administrative review to the application in accordance with the administrative review law implementing regulations article 28th, administrative reconsideration shall accept, making administrative review technology and sent to the applicant.

    Accept the notice shall inform the applicant of the administrative reconsideration law's rights.

    11th do not fall within the scope of administrative reconsideration organs functions an application for administrative reconsideration, and shall inform the applicant in writing to the administrative review body.

    Applicants apply for administrative reconsideration to repeat on the same facts and grounds, and shall inform the applicant in writing not to repeat processing.

    12th do not meet the statutory conditions, but are found in the review the applicant or subordinate administrative departments of land and resources administrative act illegal or clearly inappropriate situations, administrative reconsideration bodies may request the departments concerned to ascertain the facts and correcting violations, and writing the correct results submitted to the administrative body for reconsideration.

    Chapter III hearing

    13th administrative reconsideration body should accept an application for administrative reconsideration within 7 working days from the date, notice of responses will be presented with a copy of the application or to apply for copies of transcripts be sent to the applicant. 14th Ministry of land and resources for the respondent, by a specific administrative act of the original contractors to provide written replies, send the institutions in charge of the Ministry of audit signed, stamped with the seal of the Ministry of land and resources.

    By a specific administrative act hosted by several agencies, by the organiser is responsible for the submission of the written answers, and assist other agencies.

    Local land and resources administrative departments for the respondent, by a specific administrative act of the original contractors to provide written replies, after examination by the administrative reconsideration, the Bureau issued.

    Primary contractors for a specific administrative act shall specify 1 to 2 agents to participate in administrative reconsideration.

    15th article the respondent 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.

    Proposed by the applicant are not in accordance with the provisions of the preceding paragraph 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.

    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 reconsideration of the applicant's opinion and reasons;

    (E) the response date.

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

    16th under any of the following circumstances, administrative reconsideration institutions agree that respondent may supplement the relevant evidence:

    (A) in making a specific administrative act has been collected and to make the specific administrative act as evidence, but in making administrative review responses, such justification cannot be provided due to force majeure;

    (B) the applicant or the third party in the administrative review process, presents specific administrative act did not raise the defence or evidence. 17th administrative reconsideration shall be the applicant, third party inspection case file to provide the necessary premises and conditions.

    When you check out, the applicant and the third party and his agents shall produce their certificates, administrative reconsideration shall be present.

    18th to hear cases of administrative review, administrative reconsideration of the case need to seek the opinions of administrative reconsideration organs relevant institutions. 19th administrative reconsideration written approach in principle.

    Administrative reconsideration or administrative review cases will be held, to listen to the views of the parties.

    Where a party of more than 3, selection of 1 to 3 representatives to participate in the review.

    Review will be chaired by the administrative reconsideration, relevant agencies should be represented in comments under review.

    Parties participating in the review should produce documents, statements, cross-examination and to defend themselves.

    Review record review notes and comments can be made, and review of the record shall be signed or sealed by the parties participating in the review, and make review personnel evaluation record shall be signed or sealed.

    20th over grave and complicated administrative review cases or administrative reconsideration request, the applicant considers it necessary, it can take the form of hearing proceedings. Hearing shall follow the principle of openness, fair, just and convenient, fully listen to the views of the parties to ensure their right to representation, cross-examination and the defence.

    In addition to involve State secrets, business secrets or personal privacy, the hearing be held in public.

    21st administrative reconsideration institutions decided to hold a hearing, shall, within 7 working days of the hearing will be held before a hearing time, place and specific requirements to notify the parties in writing.

    Applicants are required to attend the hearing, applicants without a legitimate reason not to attend the hearing, deemed to have waived the hearing rights.

    Third person fails to attend the hearing and does not affect the holding of hearings.

    Where a party of more than 3, selection of 1 to 3 delegates to attend the hearing. The 22nd head of the hearing by the administrative reconsideration or his designated officer, hearing officer made up of administrative reconsideration institutions and associated organizations.

    Hearing the number should be in the singular.

    The 23rd hearing shall be in accordance with the following procedures:

    (A) verify the identities of the parties, and shall inform the parties rights and obligations;

    (B) the statement of the parties;

    (C) the cross-examination by the parties;

    (D) the parties debate;

    (E) make final statements.

    24th hearing shall make a record of hearing.

    Record of hearing shall set out the following:

    (A) the time and place of the hearing;

    (B) the basic situation of the parties and their agents;

    (C) the hearing, the hearing officer, the Court Clerk's name, posts, etc;

    (D) case;

    (E) the controversial issue, the facts, evidence and the basis;

    (Vi) shall set forth the matters.

    Hearing transcripts should cross-check and signed or sealed by the parties.

    25th suspension of administrative review cases after suspend or eliminate should be recovered within 5 business days of hearing and notify the parties in writing.

    26th during the administrative review has any of the following circumstances, termination of administrative reconsideration:

    (A) the applicant to withdraw an application for administrative reconsideration, administrative reconsideration institutions allowed to withdraw;

    (B) as the natural death of the applicant, no near relatives or their close relatives to give up rights of administrative reconsideration;

    (C) the applicant's termination of legal person or other organization, the person succeeding to its rights and obligations to give up rights of administrative reconsideration;

    (D) the applicant and the respondent in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law 40th, administrative reconsideration institutions permitted to reach a settlement.

    The fourth chapter decided

    27th administrative reconsideration body should review the specific administrative act of the respondent according to law, and put forward opinions, the administrative reconsideration organ in charge or the Executive Head of the administrative body in charge of the administrative review after review and approval, administrative reconsideration decision.

    Grave and complex cases of administrative review comments can be submitted to the Commission the administrative reconsideration organ for administrative review validation. 28th administrative reconsideration decision, you should make a written administrative reconsideration decision.

    Administrative reconsideration decision shall set forth the following and the administrative reconsideration organ seal or seal of administrative reconsideration:

    (A) the applicant's name, gender, age, nationality, occupation, address (name of legal entity or other organization, address, name, position of the legal representative), agent name and address of the applicant;

    (B) the applicant's name, address, name, position of the legal representative, agent name and address of the applicant;

    (C) the third party's name, sex, age, nationality, occupation, address (name of legal entity or other organization, address, name, position of the legal representative), third person consignee's name and address;

    (D) the applicant's reconsideration request and justification;

    (E) the grounds and basis of respondent replies;

    (Vi) any third party reply to the rationale and basis;

    (VII) administrative review review the facts and evidence;

    (H) the conclusions and a basis of administrative reconsideration;

    (I) the administrative reconsideration decided to bring a suit before the period or to the State Council for a ruling;

    (J) the date of the administrative decision.

    29th in administrative reconsideration decision, the administrative reconsideration organ should fill out the certificate of service.

    30th administrative reconsideration decision of administrative proceedings, undertaken by a specific administrative act of the original institutions collect, collate evidence of specific administrative act, grounds, and other related materials, rejoinder, identify 1 to 2 agent Court appeal, administrative reconsideration institutions assist; administrative reconsideration decided to change the original specific administrative act litigation, administrative reconsideration institutions responsible for responding.

    Specific administrative acts arising directly from the administrative proceedings, undertaken by a specific administrative act of the original institutions collect, collate evidence of specific administrative act, grounds, and other related materials, rejoinder, identify 1 to 2 agent Court appeal, administrative reconsideration institutions to assist.

    Fifth chapter the implementation, supervision and inspection 31st the respondent shall perform the administrative reconsideration decision.

    Respondent fails to perform or unwarranted delay in the fulfilment of administrative reconsideration decision, the administrative body for reconsideration shall be ordered to perform within the statutory time limit.

    Ordered to perform, should make ordered notice of discharge.

    Respondent shall from the date of receipt of notice of order to fulfil administrative reconsideration decision within the statutory time limit, and perform the submitted to the administrative reconsideration organ.

    The 32nd was ordered to renew a specific administrative act, the applicant may, on the same facts and grounds and the original specific administrative act the same or essentially the same specific administrative act, but was ordered because of violations of statutory procedures except as specific administrative acts anew.

    33rd superior administrative departments of land and resources through regular inspections, checks and other means, land and resources administrative departments at lower levels of administrative review and implementation of the system to be checked. 34th administrative reconsideration institutions according to law on administrative reconsideration application for registration or review, the administrative body for reconsideration may be ordered to perform duties according to law.

    Other institutions were not transferred according to the provisions of administrative reconsideration application, assume the legal liability arising therefrom.

    Original specific administrative act of contractors not complying with the requirements of this article 14th ' written responses and identify agents, assume the legal liability arising therefrom.

    Article 35th of land and resources administrative departments administrative reconsideration should be working, implementation of the administrative reconsideration decision into law the scope of examination.

    Failure to comply with administrative reconsideration decision or administrative review submissions received within 60 days from the date of corrected illegal administrative situation has not been submitted to the administrative body for reconsideration, administrative reconsideration organs should be criticized, was criticized in the land and resources administrative departments directly in charge of personnel and other persons unable to attend that year's and next year's assessment activities.

    36th administrative reconsideration cases tried and the case contractor shall timely filing case materials.

    The sixth chapter supplementary articles

    Land and resource instruments of administrative reconsideration of the 37th article format, developed by the Ministry of land and resources. 38th article of the regulations come into force on January 1, 2010.