Implementation Measures For Administrative Reconsideration Of Information Industry

Original Language Title: 信息产业部行政复议实施办法

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(Released October 22, 2002, Ministry of information industry, the 25th) first in order to standardize the administrative review of the Ministry of information industry to prevent and correct the specific administrative act unlawful or improper, maintaining the lawful rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China administration reconsideration law and related laws and administrative regulations, these measures are formulated.     Article citizens, legal persons and other organizations apply for administrative review to the Ministry of information industry, Ministry of information industry accepts an application for administrative reconsideration, administrative reconsideration decision, these measures shall apply.     Third article information industry department policy regulations Division is information industry Department of administrative reconsideration institutions, specific handle administrative reconsideration matters, perform following duties: (a) accepted to information industry Department proposed of administrative reconsideration application; (ii) 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 this approach seventh article by column about provides of review application;     (E) apply for administrative reconsideration decision from the Ministry of information industry responding to administrative litigation matters (vi) stipulated by laws, administrative regulations and Department rules other duties.     Fourth administrative review work of information industry follow lawful, fair, open, timely, and convenient principle, and any mistake shall be corrected, laws, administrative regulations and rules are implemented correctly.     Five citizens, legal persons or other organizations for administrative review decision of the Ministry of information industry, people's Court in accordance with the provisions of the administrative procedure administrative proceedings or in accordance with the provisions of the administrative reconsideration law to the State Council for a ruling. Sixth article has following case one of of, citizens, and corporate or other organization can in accordance with this approach application administrative reconsideration: (a) on information industry department or province, and autonomous regions, and municipalities Communications Authority made of warning, and fine, and confiscated illegal proceeds, and confiscated illegal property, and ordered discontinued closed, and temporarily buckle or revoked license, and temporarily buckle or revoked license, administrative punishment decided refuses to of; (ii) on information industry department or province, and autonomous regions, and municipalities Communications Authority made of seized, and seized, administrative forced measures decided refuses to of ; (Three) on information industry department or province, and autonomous regions, and municipalities Communications Authority made of ordered close website, and ordered close business places, and network between interconnected (interconnected dispute solution), administrative decided refuses to of; (four) on information industry department or province, and autonomous regions, and municipalities Communications Authority made of about license, and license, and qualification card, and qualification card, certificate change, and suspended, and revoked of decided refuses to of; (five) think information industry department or province, and autonomous regions, and municipalities Communications Authority illegal fund-raising, and levy property, and     Assessed costs or illegal requirements perform other obligations of; (six) think meet statutory conditions, application information industry department or province, and autonomous regions, and municipalities Communications Authority issued license, and license, and qualification card, and qualification card, certificate, and approval, and registration about matters, information industry department or province, and autonomous regions, and municipalities Communications Authority no law handle of; (seven) think information industry department or province, and autonomous regions, and municipalities communications authority of other specific administrative behavior violations its lawful rights and interests of of.     Article citizens, legal persons or other organizations believe that the Ministry of information industry and provinces, autonomous regions and municipalities directly under the specific administrative act on the basis of provisions of the communications authority is not valid at the time of applying for administrative reconsideration of specific administrative acts, provisions can be made on the application for review.     The provisions set out in the preceding paragraph does not contain regulations, regulatory review, in accordance with the laws and administrative regulations.     Eighth on the Ministry of information industry, or provinces, autonomous regions, municipalities directly under the communications authority according to delegate specific administrative acts, may apply to the Ministry of information industry, administrative reconsideration.     The provinces, autonomous regions, municipalities directly under the Radio Authority specific administrative acts, may apply to the Ministry of information industry, administrative reconsideration.     Article citizens, legal persons or other organizations believe that the Ministry of information industry and provinces, autonomous regions and municipalities directly under the Communications Authority's violations of the legitimate rights and interests of a specific administrative act, can know the specific administrative act for administrative reconsideration within 60 days from the date of application; application deadline 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.     Tenth apply for administrative reconsideration in accordance with these measures of citizens, legal persons or other organizations is an applicant.     Citizens, legal persons or other organizations to apply for administrative reconsideration, administrative acts, the specific administrative act, the administrative organ shall be the respondent.     Has an interest in applying for administrative reconsideration of specific administrative act of the other citizens, legal persons or other organizations may participate as a third party administrative reconsideration. On behalf of the applicant, the third party may entrust an agent to participate in the administrative review.     Entrusts an agent to participate in the administrative reconsideration power of attorney shall be submitted to the Ministry of information industry.     The 11th applicant apply for administrative reconsideration to the Ministry of information industry, written or oral application; oral application, staff of administrative reconsideration institutions shall record the applicant's basic situation apply for administrative reconsideration, administrative reconsideration request, the main facts, reason and time, and referred to the applicant's signature or seal on the spot confirmed.     12th applicant apply for administrative reconsideration to the Ministry of information industry, has been accepted by the Ministry of information industry, at the people's Court within the statutory period of administrative reconsideration shall not bring an administrative suit.     Citizens, legal persons or other organizations filed a suit before the administrative proceedings, the people's Court has accepted the shall apply for administrative reconsideration. 13th administrative reconsideration of information industry after receipt of an application for administrative reconsideration, by contractors to fill in the application form for administrative reconsideration. Administrative reconsideration institutions should in 5 a days within for review, and respectively made following processing: (a) administrative reconsideration application meet this approach provides of, be accepted; (ii) administrative reconsideration application not meet this approach provides of, decided not accepted, making not accepted decided book, and served applicants; (three) on meet administrative reconsideration method provides, but not belongs to information industry Department accepted of administrative reconsideration application, should told applicants to about administrative reconsideration organ proposed.     Verbal, shall inform the relevant records, and referred to the signature of the applicant; writing, administrative reconsideration notice shall be made and delivered to the applicant. The 14th non-stopping enforcement during administrative review specific administrative act; but the People's Republic of China administrative review article 21st of circumstances, can stop the execution.     Suspension of execution is decided, it shall make the notification of suspension, and served on the applicant.     15th written review of the approach to the administrative reconsideration application in principle, but applicants requesting or administrative reconsideration bodies may consider necessary, and to relevant organizations and personnel to investigate the situation, listen to the views of the applicant and the respondent and the third party. 16th administrative reconsideration body should an application for administrative reconsideration within 7 working days from the date of acceptance, make the notification of responses, and served on the applicant. Being the applicant shall from the date of receiving the notification of replies in the 10th, submission of the written answers, and had to make a specific administrative act evidence, evidence and other relevant material.     Written replies should contains Ming following content: (a) was applicants name, and address, and statutory representative people name; (ii) made specific administrative behavior of facts, and evidence and the legal according to, on about facts of statement should indicate corresponding of evidence material and the source; (three) on applicants of reconsideration application requirements, and facts, and reason article-by-article for reply and the necessary of proof; (four) on applicants requirements reconsideration of specific administrative behavior proposed maintained, and change, and revoked or confirmed illegal of recommends; (five) made replies of time, and stamped seal.     Reply to review cases, specific administrative acts by the respondent Agency.     17th article applicants, and third people check out was applicants proposed of except involved national secret, and commercial secret or personal privacy outside of written replies, and made specific administrative behavior of evidence according to and other about material, should in accordance with following provides handle: (a) to administrative reconsideration institutions proposed application, and show effective documents; (ii) check out Shi, should has administrative reconsideration institutions staff presence; (three) check out Shi shall not altered, and damage, and removal, and take go, and added above material, shall not for copy, and remake, and RIP.     18th in the administrative review process, the respondent to the applicant and any other relevant organizations or individuals is not allowed to collect evidence.     19th Ministry of information industry for administrative review before a decision, applicants to withdraw an application for administrative reconsideration, with justification, can be withdrawn withdrawn an application for administrative reconsideration, administrative review terminated.     Due to the applicant withdraws the application for administrative reconsideration or other termination of administrative reconsideration, it shall make the notification of termination of administrative reconsideration, and sent to the applicant, the respondent and the third party.     20th article applicants in application administrative reconsideration Shi, together proposed on specific administrative behavior by according to of provides review application of, or administrative reconsideration institutions in on was applicants of specific administrative behavior for review Shi, think its according to not legal, information industry Department right to processing of, administrative reconsideration institutions should in 30th within proposed processing views and reported Department led approved; has no right to processing of, should making normative file transferred letter and in 7 a days within according to statutory program transferred right to processing of administrative organ law processing. During processing, suspended the review of specific administrative acts.     Administrative reconsideration shall make the notification of suspension of administrative reconsideration, and sent to the applicant, the respondent and the third party.     21st article administrative reconsideration institutions should on was applicants made of specific administrative behavior for review, proposed views, fill in administrative reconsideration case processing views approval table, by Minister or competent Deputy Minister agreed or by information industry Department reconsideration case trial Committee (or Minister Office will) discussion through Hou, according to following provides made administrative reconsideration decided: (a) specific administrative behavior finds facts clear, evidence, applies according to right, program legal, content appropriate of, decided maintained; (Ii) was applicants not perform statutory duties of, decided its in must term within perform; (three) specific administrative behavior has following case one of of, decided revoked, and change or confirmed the specific administrative behavior illegal; decided revoked or confirmed the specific administrative behavior illegal of, can ordered was applicants in must term within again made specific administrative behavior: 1, and main facts not clear, and evidence insufficient of; 2, and applies according to errors of; 3, and violation statutory program of; 4, and beyond or abuse of; 5, and     Obvious inappropriateness of a specific administrative act.     (D) these measures are not in accordance with the provisions of the 16th article of the applicant a 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.     22nd Ministry of information industry, orders the respondent conducted a specific administrative act, the respondent may, on the same facts and grounds and the original specific administrative act the same or essentially the same specific administrative act. The 23rd Ministry of information industry shall accept an application for administrative reconsideration within 60 days from the date of the administrative decision.     Situation is complex, cannot make a reconsideration decision within the prescribed period, approved by the Minister or Deputy Minister in charge, you can extend the 30th.     Extension of the review period, shall draw up a notice of extension of the decision, and sent to the applicant, the respondent and the third party. 24th in applying for administrative reconsideration, the applicant can request administrative compensation together.     Requested by the Ministry of information industry on the issue of executive compensation, in accordance with the People's Republic of China administration reconsideration law article 29th of the regulations. 25th Ministry of information industry to make executive decision shall be made to the Ministry of information industry, administration of the reconsideration decision. Administrative reconsideration decided book should contains Ming following content: (a) applicants, and was applicants, and third people of basic situation; (ii) applicants application administrative reconsideration of requirements, and reason, and according to; (three) was applicants replies of reason, and evidence, and according to; (four) information industry Department finds of facts, and evidence and reason; (five) information industry Department made of administrative reconsideration decided and according to (reference about legal regulations of specific provisions); (six) applicants right content, including prosecution term and jurisdiction of court name     ; On the Ministry of information industry, administrative reconsideration decision made by a specific administrative act should also specify the rights of applicants may choose to apply to the State Council decision; (VII) date of the administrative decision.     Once the administrative reconsideration decision is served, shall come into legal effect. 26th the respondent shall perform the administrative reconsideration decision.     The respondent fails to perform or unwarranted delay in the fulfilment of administrative reconsideration decision, Mii shall order the deadline to fulfil.     Ordered to perform, shall draw up a notice of the order to perform, and served on the applicant, the applicant and the third party.     27th article application people late not prosecution and not perform information industry Department 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 law application Court forced implementation; (ii) change specific administrative behavior of administrative reconsideration decided, by information industry Department law forced implementation, or application Court forced implementation.     28th administrative reconsideration organs and their staff and the respondent in the administrative reconsideration, a violation of the People's Republic of China administration reconsideration law provisions of the Act, in accordance with the law accountable.     Calculated during the 29th of administrative reconsideration and administrative reconsideration service of instruments, in accordance with the administrative review law and civil procedure law and relevant regulations. Article 30th Ministry of information industry accepts an application for administrative reconsideration shall not charge any fee to the applicant.     Requirements for administrative reconsideration, in accordance with the provisions of the administrative review law.     31st administrative reconsideration of information industry with a unified document format (attached below).     The 32nd foreign nationals, stateless persons or foreign organizations in the People's Republic of China to the Ministry of information industry in the territory may apply for administrative reconsideration, application of this approach.     33rd article this way come into force on December 1, 2002.       Attached: Ministry of information industry, administrative reconsideration document format: an application for administrative reconsideration form: inadmissibility decisions: a reconsideration notice: suspension notice: notice of response: a notice of termination of administrative reconsideration: normative documents are forwarded to letter (a): a normative documents are forwarded to letter (b): a notice of suspension of administrative reconsideration Appendix: administrative review case comments form: decided to postpone the notice: Ministry of information industry, administration of the reconsideration decision: order the discharge notice: certificate of service

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