Department Of Commerce Implementation Measures For Administrative Reconsideration

Original Language Title: 商务部行政复议实施办法

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(May 20, 2004, the Ministry of Commerce released as of July 1, 2004, 2004 7th) first 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 domestic and foreign trade and international economic cooperation management organs shall exercise their powers under the People's Republic of China administration reconsideration law (hereinafter referred to as the administrative review Act), these measures are formulated. Article of Commerce in accordance with the administrative review law and the approach set out in the administrative review function.
    Department of Commerce Office of Legislative Affairs (Department of Treaty and law) specifically handle administrative reconsideration matters of Commerce, and carry out the duties provided for in article III of the administrative reconsideration law. Third article on following specific administrative behavior refuses to of, can to Commerce application administrative reconsideration: (a) Commerce of specific administrative behavior; (ii) Commerce of sent institutions in accordance with legal, and regulations or regulations of provides, to himself of name made of specific administrative behavior; (three) legal, and regulations authorized and by Commerce directly management of organization of specific administrative behavior; (four) on province, and autonomous regions, and municipalities both at home and abroad trade and international economic cooperation management organ of specific administrative behavior refuses to of,
    May apply for administrative reconsideration to the Ministry of Commerce, or to the people's Governments of provinces, autonomous regions and municipalities may apply for administrative reconsideration. Fourth party in writing for administrative reconsideration shall submit one original application for administrative reconsideration, and according to the number of applicants submitted copy.
    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); (ii) was applicants of name, and address; (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 and stamp, 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.
    Fifth article and has an interest in applying for administrative reconsideration of specific administrative act of the other citizens, legal persons or other organizations requiring a third party administrative reconsideration, shall submit written applications, approval by the Ministry of Commerce, as a third party to the administrative review.
    The Commerce Department 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. Article the applicant to apply to the Ministry of Commerce for reconsideration, the procedures applying to the Department of Commerce Office of Legislative Affairs.
    Legislative Affairs Office shall indicate on the application the receiving date, and submitted for signature confirmation.
    Legal work of the seventh Ministry of Commerce after the Agency receives an application for administrative reconsideration, shall, within 5 working days, in accordance with the relevant provisions of the administrative review law review, and shall make a decision on whether to accept.
    In addition to decide not to accept or tell the applicant shall apply to other administrative body for reconsideration, but received an application for administrative reconsideration from the Department of Commerce Office of Legislative Affairs date shall be accepted.
    Eighth article administrative reconsideration application has following case one of of, not accepted, and to written form told applicants: (a) application reconsideration of matters not belongs to administrative reconsideration method sixth article provides of range of; (ii) applicants not has reconsideration application subject qualification of; (three) applicants wrong column was applicants and refused to change of; (four) application reconsideration over has statutory of application term and no due reason of; (five) applicants filed administrative litigation, Court has accepted or yet decided whether accepted, and application administrative reconsideration of;
    (Six) applicants to other has jurisdiction right of administrative organ application reconsideration, the reconsideration organ has law accepted of; (seven) applicants withdrawn reconsideration application, no due reason again line application reconsideration of; (eight) applicants beyond reconsideration jurisdiction permission, and leapfrog application of (administrative reconsideration 20th article provides of case except); (nine) administrative reconsideration application not has other statutory elements of. Nineth Department of Commerce Office of Legislative Affairs from the administrative reconsideration within 7 working days from the date of filing, a copy of the application or the application for administrative reconsideration of administrative review 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 Commerce of except); (ii) for reply of causes, case 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 specific terms and content; (five) made replies of time.
    Written replies should be stamped with the seal by applicant; the respondent for the Ministry of Commerce, sealed by the Department which made the specific administrative act of the seal.
    Tenth by the applicant are not in accordance with the administrative review law 23rd and the provisions of the present article tenth 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, decided to revoke the administrative act.
    11th administrative reconsideration shall in principle take the form of written examination, in complex cases, a written review to determine the merits of, or you can listen to the views of the parties, field surveys, and invited specialized agencies to carry out inspection, verification, and so on.
    12th 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 a specific administrative act.
    13th Office of Legislative Affairs should be specific to the respondent for review of administrative actions, comments, once agreed by the head of the Department of Commerce or the collective discussion by, as provided for in article 28th of the administrative reconsideration law of administrative reconsideration decision. 14th the applicant in applying for administrative reconsideration request administrative compensation together, shall, in accordance with the People's Republic of China Law on State compensation for the 12th article specify the claims, facts and reasons.
    Administrative reconsideration organs in accordance with the relevant provisions of the State compensation law shall pay compensation, decided to withdraw, change the specific administrative act or confirm when the specific administrative act illegal, should be decided by the applicant shall be subject to compensation.
      15th explain these measures by the Ministry of Commerce, as of July 1, 2004.

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