Ministry Administrative Review Procedures

Original Language Title: 文化部行政复议工作程序规定

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(January 9, 2008 Ministry of culture makes 44th, announced since March 1, 2008 up purposes) first chapter General first article for specification Ministry of culture administrative reconsideration work program, improve administrative reconsideration work quality and efficiency, 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), combined Ministry of culture work actual, developed this provides.
    Second administrative review cases of Ministry of culture, this provision shall be applicable.
    Article citizens, legal persons and other organizations of the Ministry of culture and the provincial, autonomous region, municipality directly under the administrative sector specific administrative acts, may apply to the Ministry for administrative reconsideration.
    Fourth article Ministry of culture policy regulations Division is Ministry of culture administrative reconsideration institutions, specific handle administrative reconsideration case, perform following duties: (a) review administrative reconsideration application, and decided whether accepted; (ii) Organization Administrative reconsideration case of review processing, to about organization and personnel survey forensics, check out file and information; (three) review application administrative reconsideration of specific administrative behavior whether legal and appropriate, developed administrative reconsideration decided; (four) processing or transferred on administrative reconsideration method seventh article by column about provides of review application;
    (Five) handle for refuses to administrative reconsideration decided filed administrative litigation of sued matters; (six) in accordance with administrative reconsideration method 26th article, and 27th article of provides transferred about administrative reconsideration application; (seven) handle administrative reconsideration method 29th article provides of administrative compensation, matters; (eight) according to duties permission, urged administrative reconsideration application of accepted and administrative reconsideration decided of perform; (nine) handle administrative reconsideration, and administrative sued case statistics and major administrative reconsideration decided record matters;
    (10) management or organization handling without direct administrative proceedings of administrative reconsideration of administrative litigation matters (11) problems found in the study of administrative review, make recommendations for improvement to the relevant authorities in a timely manner (12) regularly organizes cultural system administrative review personnel training, improve the professional quality of administrative reconsideration (13) other duties stipulated by laws and administrative regulations.
    Article fifth administrative review cases by the relevant departments of the Ministry of culture, designate, participation in the involving of the Council business division of administrative review cases.
    Sixth administrative reconsideration institutions, the Ministry of culture staff and Division in matters involving administrative review board shall perform their duties within the statutory time limit.
    Article seventh special funds of the Ministry of culture established the administrative reconsideration, production enables special seal for administrative reconsideration. Chapter VIII of the application and acceptance the applicant may apply for administrative reconsideration, may apply in writing, or orally.
    Applicant to make an oral application, staff of administrative reconsideration institutions should, in accordance with the regulations for the implementation of the administrative reconsideration law matters article 19th, made an application for administrative reconsideration on the spot records check or read to the applicant the applicant and signed by the applicant.
    Nineth unified receives an application for administrative reconsideration of the Office of the Ministry of culture, shall transmit the same day after the signing of the Office of policy and regulation.
    Other divisions of the Ministry of culture Bureau receives an application for administrative reconsideration, and shall transmit the day after they have been signed in the Office of policy and regulation. Tenth Article policy regulations Division received administrative reconsideration application Hou, should in 5th within for review, administrative reconsideration application not meet administrative reconsideration method and administrative reconsideration method implementation Ordinance provides of, policy regulations Division should making administrative reconsideration application not accepted decided book, stamped administrative reconsideration dedicated chapter, told applicants; administrative reconsideration application meet administrative reconsideration method and administrative reconsideration method implementation Ordinance of provides, but not belongs to Ministry of culture accepted range of, policy regulations Division should making administrative reconsideration told book,
    Stamped with the Special seal for administrative review, inform the applicant to apply to the relevant administrative body for reconsideration.
    Except as provided in the preceding paragraph, an application for administrative reconsideration shall be accepted from the date of receipt of the policy and regulations Division.
    11th may on whether to accept an application for administrative reconsideration of the policy and regulations Division ask for related departments opinion, relevant departments should provide written replies in the 2nd.
    Chapter III review of the 12th written review of the approach to the administrative reconsideration application in principle, but requested by the applicant or when the policy and regulations Division considers it necessary, to the relevant organizations and personnel to investigate the situation, listen to the views of the applicant and respondent, or the parties.
    13th article on has accepted of administrative reconsideration application, policy regulations Division should since received administrative reconsideration application of day up 7th within, making proposed replies notice, stamped administrative reconsideration dedicated chapter, together with administrative reconsideration applications (copy) served was applicants, was applicants should since received of day up 10th within proposed written replies, and submitted had made specific administrative behavior of evidence, and according to and other about material.
    The respondent is the Ministry of culture, by the departments to formulate specific administrative acts in accordance with the administrative review law and the provisions of the regulations for the implementation of the administrative reconsideration law written replies and the provision of related material.
    14th Division of policies and regulations upon receipt of the responses submitted by the respondent, shall, in accordance with the administrative review law and the provisions of the regulations for the implementation of the administrative reconsideration law of what and how, to undertake a comprehensive review of the case. Administrative reconsideration application materials are incomplete or unclear, policy and regulation from the date of receipt of the application for administrative reconsideration within 5th will need correction and rectification period notify the applicant in writing.
    Without any justified reason, the time limit is not corrected, treated as abandoned an application for administrative reconsideration of the applicant, correct application materials used are not included in the administrative review hearing expires.
    15th for fall within the relevant division head of Bureau of administrative review cases, requires relevant departments to assist in the review, policy and regulation should be the basic case, accepting the case and respondent informed related departments such as defence, relevant departments shall, upon receipt of the material in the 7th, written recommendations.
    The Ministry of culture is provided by the applicant of the preceding paragraph shall not apply.
    Article 16th Secretary shall assist the policy and regulations Division to deal within the Division Head of Council of the administrative review cases, involved in the processing of administrative proceedings and administrative reconsideration decision the respondent involved in handling the administrative reconsideration law article 29th of executive compensation and other matters. 17th in applying for administrative reconsideration, the applicant, according to the seventh article of the administrative review law, together with the specific administrative act on the basis of submitted requests for review, the Ministry of culture has the right to process, policy and regulation should be dealt with in conjunction with the relevant departments put forward suggestions upon by ministerial approval of the leadership, 30th in the law. Not competent to deal with the Ministry of culture, policy and Legal Division shall be made of the normative documents are forwarded letter, stamped with the seal of administrative reconsideration, 7th transferred the right to Executive.
    During processing, suspended the review of specific administrative acts. 18th Division of policies and regulations to review the specific administrative act of the respondent, which according to the illegal, the Ministry of culture has the right to process, policy and regulation should be dealt with in conjunction with the relevant departments put forward suggestions upon by ministerial approval of the leadership, 30th in the law. Not competent to deal with the Ministry of culture, policy and Legal Division shall be made of the transfer of administrative reconsideration letter, stamped with the seal of administrative reconsideration, transferred the right to Executive in the 7th.
    During processing, suspended the review of specific administrative acts.
    19th article administrative reconsideration during has following case one of, effect administrative reconsideration case trial of, administrative reconsideration suspended: (a) as applicants of natural people death, its near relatives yet determine whether participate in administrative reconsideration of; (ii) as applicants of natural lost participate in administrative reconsideration of capacity, yet determine statutory agent participate in administrative reconsideration of; (three) as applicants of corporate or other organization suspended, yet determine right obligations bear people of;
    (Four) as applicants of natural people unaccounted for or was declared missing of; (five) applicants, and was applicants for not anti-party, cannot participate in administrative reconsideration of; (six) case involved legal applies problem, need right to organ made explained or confirmed of; (seven) case trial need to other case of trial results for according to, and other case yet concluded of; (eight) other need suspended administrative reconsideration of case.
    Article 20th according to the set forth in 17th, 18th, 19th, and discontinue a specific administrative act review, policy and regulation shall make the notification of suspension of administrative reconsideration, stamped with the seal of administrative reconsideration, and served on the applicant and the applicant and the parties.
    Reasons for terminating the administrative review is eliminated, policy and regulation should be recovery of administrative review cases processed without delay.
    Suspension of the policy and regulations Division, recovery for trying cases of administrative reconsideration, and shall inform the parties concerned.
    21st conciliation and mediation procedures of administrative reconsideration, in accordance with the regulations for the implementation of the administrative reconsideration law 40th and 50th of the regulations. 22nd Ministry of culture should be the fourth chapter reconsideration decision within 60 days from the date of receipt of an application for administrative reconsideration of administrative reconsideration decision, except as otherwise provided by law.
    Situation is complex, cannot make a reconsideration decision within the time limit specified and approved upon by ministerial leadership, may be appropriately extended, but extend the deadline up to 30th.
    Decided to extend the review period, should develop the administrative review of the policy and regulations Division term extension notice of reconsideration of the case, upon by ministerial approval of the leadership, sealed by the chapter of the Department, and served on the applicant and the applicant and the parties.
    23rd policy and regulation should be on the specific administrative act of the respondent put forward opinions, administrative reconsideration decision made by law, developing the administrative reconsideration of decision and approved upon by ministerial leadership, sealed by the chapter of the Department, and served on the applicant and the applicant and the parties.
    Reconsideration of the policy and regulations Division decided to ask related departments opinion, relevant departments should provide feedback in the 5th. Article 24th complex encounters difficulties, social influence or the handling of administrative review cases are divided in opinion, a decision should be discussed by the Ministers ' Office was a collective and, if necessary, can also be heard.

    25th applicants before a decision to voluntarily withdraw an application for administrative reconsideration of administrative reconsideration, agreed by the policy and regulation, may be withdrawn.
    Withdrawal of an application for administrative reconsideration, administrative review terminated.
    26th termination of administrative reconsideration of policy and regulation shall draw up a notice of the termination of administrative reconsideration, stamped with the seal of administrative reconsideration, and served on the applicant and the applicant and the parties.
    Fifth chapter supplementary articles article 27th Ministry administrative reconsideration, administrative reconsideration of work instruments should be used legal instrument issued by the Legislative Affairs Office of the State Council administrative review format text, and number.
    28th priorities for administrative review of the Office of documents printed and sealed by the Ministry of culture, ensuring that administrative review instruments the statutory time limits in serving clients.
    During the 29th article of the provisions on administrative reconsideration of computation and administrative reconsideration service of instruments in accordance with the provisions of the civil procedure law.
    30th article of the provisions relating to "2nd" "5th" "7th" requirement refers to working days, excluding holidays.
                                                                                                                              31st these provisions come into force on March 1, 2008.

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