The National Development And Reform Commission Implementation Measures For Administrative Reconsideration

Original Language Title: 国家发展和改革委员会行政复议实施办法

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(Published April 30, 2006, the national development and Reform Commission, the 46th since as of July 1, 2006) Chapter I General provisions article to prevent and correct unlawful or improper administrative action, protect the legitimate rights and interests of citizens, legal persons and other organizations, safeguard and supervision of development and reform authorities exercise their powers under the People's Republic of China administration reconsideration law, these measures are formulated.
    A citizen, legal person or any other organization that the development and reform on the specific administrative act violated its legitimate rights and interests, to the national development and Reform Commission (hereinafter referred to as the national development and Reform Commission) made an application for administrative reconsideration, the national development and Reform Commission accepts the application for administrative reconsideration, administrative reconsideration decision, these measures shall apply. Article in this way, the development and reform authorities refer to the national development and Reform Commission and the development and reform authorities of provinces, autonomous regions and municipalities.
    Development and reform authorities of provinces, autonomous regions and municipalities including: provincial development and Reform Commission, the economic and Trade Commission, or the Commission, the Bureau functions in line with the national development and Reform Committee of the provincial people's Government agencies concerned. Fourth national development and Reform Commission in accordance with the administrative review law and this way to fulfill duties of administrative reconsideration. National development reform Board legal work institutions specific handle national development reform Board of administrative reconsideration matters, and perform following duties: (a) accepted administrative reconsideration application; (ii) to about organization and personnel survey forensics, check out file and information; (three) according to legal regulations and regulations review application administrative reconsideration of specific administrative behavior whether legal and appropriate, developed administrative reconsideration decided; (four) processing or transferred on this approach 16th article by column about provides of review application; (five) on development reform organ violation
    Administrative review law and these rules, in accordance with the limits of authority and procedures recommendations; (vi) handling matters related to administrative litigation due to administrative reconsideration; (VII) other duties stipulated by laws, rules and regulations.
    Chapter II application for administrative reconsideration fifth specific administrative acts to the national development and Reform Commission, may apply for administrative reconsideration to the national development and Reform Commission.
    The national development and Reform Commission jointly with other departments to make the specific administrative act undertaken, which should include all relevant departments to make the specific administrative act may apply for administrative reconsideration.
    Provinces, autonomous regions and municipalities directly under the development and reform on the specific administrative acts, may apply for administrative reconsideration of the provinces, autonomous regions and municipalities can also apply for administrative reconsideration to the national development and Reform Commission. Article citizens, legal persons or other organizations that provinces, autonomous regions and municipalities directly under the national development and reform bodies and the national development and Reform Commission of the violation of their legitimate rights and interests of a specific administrative act, you can know the specific administrative act within 60 days from the date of administrative reconsideration application to the national development and Reform Commission.
    Application period for more than 60 days unless prescribed by law.
    Delays due to force majeure or other just cause of statutory application period, barriers continue to run from the date of the application period.
    Article seventh administrative review decision to the national development and Reform Commission, can bring administrative proceedings; can also be applied to the State Council decision.
    Eighth in writing by the parties may apply for administrative reconsideration should submit one original application for administrative reconsideration, have in common is the applicant, copies should be submitted according to the number of applicants.
    Nineth article reconsideration applications should contains Ming following content: (a) applicants and the delegate agent of name, and career, and address (corporate or other organization of name, and address, and statutory representative people of name), and contact way; (ii) was applicants of name, and address, and contact way; (three) application reconsideration of specific requirements; (four) main facts and reason (including know specific administrative behavior of time); (five) proposed administrative reconsideration application of date. Application for reconsideration should be made by the applicant or the applicant's legal representative (or its authorized seller) signature or seal, along with the necessary evidence. The applicant is a natural person shall submit the copy of ID card or other valid certificates of the applicant is a legal person or other organization shall submit the business license or other valid certificates copies, such as proof of identity of the legal representative.
    Applications for authorization on behalf of the applicant, shall be submitted to the applicant and the trustee's legal status and power of attorney.
    Tenth Article following case not as application reconsideration processing: (a) on development reform organ staff of personal illegal disciplinary behavior for reported, and charged or on staff of attitude style proposed objections, or other petition matters; (ii) on development reform organ of business policy, and system, and work way and program proposed objections of; (three) requests answers legal, and regulations, and regulations or development reform organ developed (participation developed) of normative file of;
    (D) administrative or personnel to the development and reform authorities is dissatisfied with a decision.
    11th article and has an interest in applying for administrative reconsideration of specific administrative act of the other citizens, legal persons or other organizations submit an application in writing, approval by the national development and Reform Commission, could serve as a third party to the administrative review.
    The national development and Reform Commission considers it necessary, it may also notify the application for reconsideration of a specific administrative act other interested citizens, legal persons or other organizations as the third party in administrative review.
    Chapter III accepting and reviewing legal work of 12th national development and Reform Commission after the Agency receives an application for administrative reconsideration shall be in the 5th, in accordance with the relevant provisions of the administrative review law review, and shall make a decision on whether to accept. Office of Legislative Affairs considered the applicant's application for reconsideration does not comply with article Nineth or review the application materials are aligned, in the 5th by notice in writing to the applicant after receipt of an application for administrative reconsideration and correction. Correction notice shall set forth the need to supplement the content as well as correction terms. Party without due cause fails to rectify the, shall be deemed not to apply for administrative reconsideration. Legislative Affairs Agency for administrative reconsideration cases period counted from the date of the receipt of the final correction material.
    Correction period not included in the applicant's statutory application period.
    An application for administrative reconsideration in accordance with the provisions of the administrative review law, accepted but not part of the national development and Reform Commission, the administrative reconsideration notice should be sent to the applicant, inform the applicant proposed to the relevant administrative body for reconsideration.
    In addition to decided not to entertain or inform the applicant shall correct material and shall inform the applicant to any other administrative body for reconsideration, but application for administrative reconsideration from the national development and Reform Commission, Office of Legislative Affairs date of receipt shall be accepted. 13th two of the applicant on the same development and reform authorities at or above the same specific administrative act respectively apply to the national development and Reform Commission for reconsideration, the national development and Reform Commission hearing may be incorporated, and received after the date of the application for reconsideration as formal acceptance date.
    But the previous review applications must not exceed the statutory deadlines.
    14th article national development reform Board legal work institutions on meet following conditions of reconsideration application, should be accepted: (a) applicants and specific administrative behavior exists legal Shang of interest relationship; (ii) has clear of was applicants and specific administrative behavior; (three) has specific of administrative reconsideration requests, and facts according to and reason; (four) application reconsideration of matters belongs to administrative reconsideration method sixth article provides of range; (five) reconsideration application in statutory of application term within proposed;
    (Vi) is not on the same specific administrative act may apply for administrative reconsideration or bring an administrative suit; (VII) accept permissions in line with the national development and Reform Commission and (VIII) other conditions laid down in accordance with the administrative review law.
    15th administrative reconsideration application does not have this approach one of the conditions set out in article 14th, inadmissible, Office of Legislative Affairs upon the receipt of an application for administrative reconsideration should be sent to the applicant in accordance with legal procedures in the 5th book of the inadmissibility decisions.
    16th article legal work institutions law accepted of administrative reconsideration application appeared following case Shi, should in 7th within in accordance with statutory program transferred right to processing of administrative organ, while suspended on specific administrative behavior of review, and to applicants, and was applicants, and third people sent administrative reconsideration suspended notice: (a) applicants in application administrative reconsideration Shi, together proposed on administrative reconsideration method seventh article by column about provides of review application, and this organ on the provides has no right to processing of;
    (B) the respondent based on the specific administrative act unlawful, but the administrative body for reconsideration on the basis does not have to deal with.
    Transmitted in accordance with the provisions of the preceding paragraph in accordance with the administrative reconsideration should copy the archive. 17th article legal work institutions law accepted of administrative reconsideration application appeared following case Shi, should suspended reconsideration, and in 7th within in accordance with statutory program to applicants, and was applicants, and third people sent administrative reconsideration suspended notice: (a) right to sector on was application administrative reconsideration of specific administrative behavior is take processing measures of; (ii) applicants for citizens, has death, need waiting for its near relatives showed that whether continues to participation administrative reconsideration of, or applicants for corporate or other organization, has terminated,
    Yet to be determined following the people of their rights and (iii) the administrative review cases must be based on a review of another case based on the results, while in another case before the Court; (d) the provisions of laws and regulations to suspend administrative review of other cases.
    In accordance with the provisions of the preceding paragraph suspended review of an application for administrative reconsideration shall file archive.
    Stop disappearing, Office of Legislative Affairs should be recovered in 7th administrative review procedures, and notify the applicant, the respondent and the third party. 18th article legal work institutions law accepted of administrative reconsideration application appeared following case Shi, should terminated reconsideration, and in 7th within in accordance with statutory program to applicants, and was applicants, and third people sent administrative reconsideration terminated notice: (a) applicants withdrawn administrative reconsideration application, by reconsideration organ agreed of; (ii) applicants for citizens, has death, no heir or heir statement gave up reconsideration right of; (three) applicants for corporate or other organization, has terminated,
    No right following by people or right following by people gave up reconsideration right of; (four) reconsideration facts has elimination of; (five) accepted Hou found applicants has on same specific administrative behavior to court filed administrative litigation, and Court has accepted of; (six) accepted Hou found applicants has on same specific administrative behavior to other administrative reconsideration organ proposed administrative reconsideration application, and the administrative reconsideration organ has accepted of;
    (G) acceptance was found after reconsideration of specific administrative act by two or more administrative bodies with the common name, and the reconsideration is not a common administrative organ at a higher level (national development and Reform Commission and other sector specific administrative act, except in the case of joint), and (VIII) other circumstances as legal regulations on termination of administrative reconsideration.
    In accordance with the provisions of the preceding paragraph terminating the review of the application for reconsideration, shall file archive. 19th State development and Reform Commission, Office of Legislative Affairs 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, 10th in the written replies and submitted the original specific administrative act evidence, evidence and other relevant material.
    Was applicants of written replies should contains Ming following content: (a) was applicants of basic situation (was applicants for national development reform Board of except); (ii) for reply of causes, made specific administrative behavior of basic process and situation; (three) made specific administrative behavior of facts according to and about evidence material; (four) made specific administrative behavior by according to of legal, and regulations, and regulations and normative file of paper,, and specific terms and content; (five) made replies of time.
    Official seal shall be affixed to the respondent the written replies; by the applicant to the national development and Reform Commission, stamped with the seal of the institution made the specific administrative act.
    20th 23rd by the applicant are not in accordance with the administrative review law and the provisions of the present article 19th submission of the written answers, submit the original specific administrative act of evidence, evidence and other relevant material, considered the specific administrative act, there is no evidence, based on, decided to revoke the administrative act. 21st article applicants, and third people and delegate agent can to national development reform Board application check out was applicants proposed of written replies, and made specific administrative behavior of evidence, and according to and other about material, and in accordance with following program handle: (a) to national development reform Board legal work institutions proposed application, show ID pieces; (ii) national development reform Board legal work institutions after review think not involved national secret, and commercial secret and personal privacy of, should allows applicants, and
    Third party and Attorney access; (c) the applicant and the third party and its authorized agents when you check out, should have a review agency staff present; (d) the applicant and the third party and its authorized representative shall not alter, damage, removal, remove, add access to these materials without the consent of reconsideration, are not permitted to copy, remake, RIP.
    22nd administrative reconsideration shall in principle take the form of written examination, in complex cases, a written review to determine the merits of, or to listen to the parties, field investigation, invited the specialized agencies for inspection, verification, and so on.
    23rd in the administrative review process, applicants and their agents are not allowed to the applicant or other interested organizations or individuals to collect evidence, nor to make a specific administrative act after the discovery of facts or circumstances as the factual basis for the specific administrative act.
    24th article administrative reconsideration during specific administrative behavior not stop implementation; but, has following case one of of, can stop implementation: (a) was applicants think need stop implementation of; (ii) national development reform Board think need stop implementation of; (three) applicants application stop implementation, national development reform Board think its requirements reasonable, decided stop implementation of; (four) legal provides stop implementation of.
    Suspension of execution is decided, and shall make a written decision on the specific administrative act execution stops, and served on the applicant, the respondent and the third party.
    25th the applicant to withdraw an application for administrative reconsideration, shall submit a written application in administrative reconsideration before the decision was made, together with the reasons, by the signature or seal of applicant; oral application, by review staff records, after a review of the applicant shall sign the record or sealed.
    Withdrawal of an application for administrative reconsideration, administrative review terminated.
    The fourth chapter decided to implement article 26th national development and Reform Commission, Office of Legislative Affairs should be specific to the respondent for review of administrative actions, comments, as provided for in article 28th of the administrative reconsideration law of administrative reconsideration decision. Reconsideration decision orders the respondent make 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 the reconsideration decision, on the grounds of violation of legal procedures, except for the decision to revoke the respondent's specific administrative acts. 27th national development and Reform Commission should be made within 60 days from the date of accepting the application administrative review decision.
    Situation is complex, cannot make an administrative decision within the prescribed period, approved by the head of the national development and Reform Commission, may be appropriately extended, and promptly inform the applicant and the respondent but extend the deadline up to 30th.
    National development and Reform Commission and administrative review decisions, the administrative reconsideration of decision should be made, and stamped with the seal of administrative reconsideration.
    The administrative reconsideration decision is served, shall come into legal effect.
    28th the respondent shall perform the administrative reconsideration decision.
    The respondent fails to perform or unwarranted delay in the fulfilment of administrative reconsideration decision, the national development and Reform Commission shall order the deadline to fulfil.
    29th article application people late not prosecution and not perform administrative reconsideration decided of, or not perform eventually ruling of administrative reconsideration decided of, according to following provides respectively processing: (a) maintained specific administrative behavior of administrative reconsideration decided, by made specific administrative behavior of administrative organ application Court forced implementation; (ii) change specific administrative behavior of administrative reconsideration decided, by administrative reconsideration organ application Court forced implementation.
    The fifth chapter supplementary articles article 30th during the administrative review calculations and administrative reconsideration service of instruments, in accordance with the provisions of the code of civil procedure, service during implementation.
    This approach during the administrative review of the "5th", "7th" requirement refers to working days, excluding holidays and day.
    The 31st foreign nationals, stateless persons or foreign organizations in the People's Republic of China territory may apply for administrative reconsideration to the national development and Reform Commission, these measures shall apply.
                                                                                                        32nd article this way is responsible for the interpretation by the national development and Reform Commission, as of July 1, 2006.

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