Housing And Urban-Rural Construction Of Administrative Reconsideration Measures Of

Original Language Title: 住房城乡建设行政复议办法

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  Chapter I General provisions article work to standardize the administrative reconsideration of housing and urban-rural construction, prevention and correction of illegal or improper administrative action, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China and other related provisions of the regulations for the implementation of the administrative reconsideration law, these measures are formulated.

A citizen, legal person or other organizations (hereinafter the applicant) housing and urban-rural construction according to law on administrative reconsideration bodies may apply for administrative reconsideration, administrative reconsideration organs of housing and urban-rural construction (hereinafter referred to as the administrative body for reconsideration) administrative review work carried out, these measures shall apply.

Third administrative body for reconsideration shall perform duties of administrative reconsideration, follow the principle of lawfulness, fair, open, timely, convenient, and any mistake shall be corrected, guarantee the correct implementation of laws, rules and regulations.

Full-time administrative body for reconsideration shall, in accordance with the relevant provisions of administrative review officers for administrative reconsideration, provided the necessary material and financial guarantees. Fourth article administrative reconsideration organ is responsible for legal work of institutions as administrative reconsideration institutions, handle administrative reconsideration about matters, perform following duties: (a) accepted administrative reconsideration application; (ii) to about organization and personnel survey forensics, check out file and information, Organization Administrative reconsideration hearing; (three) notification third people participate in administrative reconsideration; (four) presided over administrative reconsideration mediation, review administrative reconsideration reconciliation agreement; (five) review application administrative reconsideration of administrative behavior whether legal and appropriate, proposed processing recommends,

The administrative reconsideration decision (vi) other duties stipulated by laws, rules and regulations.

Fifth article administrative reconsideration organ can according to administrative reconsideration work of need, established administrative reconsideration Committee, its main duties is: (a) developed administrative reconsideration work of rules, and program; (ii) on major, and complex, and difficult of administrative reconsideration case proposed processing views; (three) on administrative reconsideration involved of right to processing of normative file of review proposed processing views; (four) other need decided of major administrative reconsideration matters.

Sixth full-time administrative review officers should be compatible with the fulfilment of duties of administrative reconsideration of integrity, expertise and operational capacity, participate regularly in professional training.

Article seventh housing and urban-rural construction departments under the State Council to guide the national housing and urban-rural construction work of administrative reconsideration.

Local people's Governments at or above the county level Department of housing and urban-rural construction of the housing and urban-rural construction of administrative reconsideration of work within the administrative area for guidance.

Eighth levels of administrative reconsideration organs shall summarize the administrative reconsideration, administrative review units and individuals that have achieved outstanding successes in work, in accordance with the relevant regulations, recognize and reward.

Second chapter administrative reconsideration application Nineth article has following case one of of, applicants can law to housing urban and rural construction administrative reconsideration organ proposed administrative reconsideration application: (a) refuses to County above government housing urban and rural construction competent sector made of warning, fine, confiscated illegal proceeds, confiscated illegal buildings, and structures and other facilities, ordered closed reorganization, ordered stop practice industry, reduced qualification grade, revoked qualification certificate, revoked practice industry qualification certificate and other license, and license, administrative punishment of; (Ii) refuses to County above government housing urban and rural construction competent sector made of deadline demolition decided and forced demolition illegal buildings, and structures, and facilities and other housing urban and rural construction related administrative forced behavior of; (three) refuses to County above government housing urban and rural construction competent sector made of administrative license decided and administrative license of change, and continued, and suspended, and revoked, and withdrawn and cancellation decided of; (four) to County above government housing urban and rural construction competent sector application perform legal, and

Statutory responsibilities under the regulations and rules, but believes that housing and urban-rural construction of the people's Governments above the county level authorities for failing to carry out the (v) consider illegal housing and urban-rural construction of the people's Governments above the county level authorities for the fulfilment of other obligations; (vi) thought that other departments of housing and urban-rural construction of the people's Governments above the county level violations of their legitimate rights and interests of a specific administrative act. Tenth article has following case one of of, applicants proposed administrative reconsideration application, administrative reconsideration organ not accepted: (a) refuses to County above government housing urban and rural construction competent sector made of administrative sanctions, and personnel appointment about decided, or think housing urban and rural construction competent sector should perform but not law perform about administrative sanctions, and personnel appointment duties of; (ii) refuses to County above government housing urban and rural construction competent sector on right to processing of petition matters, according to petition Ordinance made of processing views, and Review views, and review views and no longer accepted decided of; (three) refuses to County above government housing urban and rural construction competent sector developed of normative file, and made of administrative mediation behavior, and administrative reconciliation behavior, and administrative reconsideration decided of; (four) to administrative reconsideration application name, to administrative reconsideration organ proposed criticism, and views, and recommends, and charged, and report, and complaints, and other petition requests of; (five) applicants has on same matters first to other right to accepted of administrative reconsideration organ proposed administrative reconsideration application of,

Registration of or the people's Court has been filed on this matter; (vi) review of administrative acts have been encompassed by the effectiveness of other effective legal instruments; (VII) laws and regulations and should not be included in the scope of administrative reconsideration in other circumstances. The 11th applicant may apply for administrative reconsideration in writing, in person, by post or any other means can be taken, to submit to the administrative reconsideration organ administrative reconsideration applications and related materials; there is difficulty in writing, orally, by the administrative reconsideration organ recorded through the verification signature or seal of the applicant to confirm.

Conditions of administrative reconsideration organs, can provide administrative review online application service.

The applicant appealed against the people's Government above the county level of the Department of housing and urban-rural construction of two and two or more administrative actions, should bring forward an application for administrative reconsideration. 12th in writing the applicant may apply for administrative reconsideration, shall submit a copy of the original application for administrative reconsideration.

Application for reconsideration shall set forth the following information: (a) the name or the name and address of the applicant; (b) the applicant's name, address, and (iii) administrative review request; (d) the main facts and reasons (including executive acts of the time), and (v) proposed dates of application for administrative reconsideration. Application for reconsideration should be signed by the applicant or the applicant's legal representative or sealed, along with the necessary evidence. The applicant is a natural person shall submit the copy of ID card applicant is a legal entity or other organization, shall submit a valid 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. 13th applicants think that administrative violations of their legitimate rights and interests, knew or should have known that the administrative action brought within 60 days from the date an application for administrative reconsideration; but the deadlines prescribed by law except for more than 60 days.

Delays due to force majeure or other just cause of statutory application period, barriers continue to run from the date of the application period.

Executive fails to perform the statutory duties of the applicant, in fulfilment of the provisions of laws and regulations and rules after the expiry, in accordance with the provisions of the preceding paragraph apply for administrative reconsideration; no deadline set out in laws and regulations and rules, can apply to the Executive at least 60 days in accordance with the provisions of the preceding paragraph apply for administrative reconsideration.

Relating to administrative actions from the date of making of real estate for more than 20 years, other administrative acts over 5 years from the date of making an application for administrative reconsideration, administrative reconsideration organs inadmissible. 14th article has following case one of of, applicants should provides corresponding of proved material: (a) think was applicants administrative not as of, should provides had requirements was applicants perform statutory duties and was applicants not perform of proved material; (ii) administrative reconsideration application beyond this approach 13th article provides of administrative reconsideration application term of, should provides for force majeure or other due reason delay statutory application term of proved material; (three) proposed administrative compensation requests of,

Shall provide documentation of damage by administrative action against and (iv) laws, rules and regulations required the applicant to provide evidence of other cases.

15th and administrative actions other interested citizens, legal persons or other organizations submit an application in writing, agreed to review by the administrative reconsideration organ, could serve as a third party to the administrative review.

The administrative reconsideration organ considers it necessary, it may also notify the interested with the administrative acts of other citizens, legal persons or other organizations as the third party in administrative review.

Do not participate in the administrative reconsideration of third party does not affect the review of administrative reconsideration. 16th the applicant and respondent, the third party may appoint one or two persons as agents for reconsideration.

The following persons may be commissioned to review agents: (a) lawyers, grassroots legal service workers, (ii) staff of the close relatives of the applicant, the third party or (iii) where the applicant or the third party communities, organizations and social groups recommended citizens.

Applicant, the respondent and the third party entrusts an agent to participate in the administrative reconsideration, shall submit to the administrative body for reconsideration of such principal signed or sealed by the power of Attorney, power of attorney shall set forth the matters entrusted and the specific permissions; rescission or change, it shall notify the administrative reconsideration organ.

Chapter III accepted the 17th administrative reconsideration of administrative reconsideration organs after receipt of an application for administrative reconsideration should be reviewed in the 5th, for failure to comply with the provisions of article 18th an application for administrative reconsideration, decided not to accept, and shall inform the applicant do not fall within the accepted an application for administrative reconsideration, it shall notify the applicant to submit to the administrative body for reconsideration.

Except as provided in the preceding paragraph, an application for administrative reconsideration from the date of receipt of the administrative reconsideration shall be entertained.

18th article administrative reconsideration organ on meet following conditions of administrative reconsideration application, should be accepted: (a) has clear of applicants and meet provides of was applicants; (ii) applicants and administrative behavior has interest relationship; (three) has specific of administrative reconsideration requests and reason; (four) in statutory application term within proposed; (five) belongs to this approach provides of administrative reconsideration range; (six) belongs to received administrative reconsideration application of administrative reconsideration institutions of duties range;

(G) the applicant has not been on the same matter to other competent authorities could apply for administrative reconsideration of administrative reconsideration, the people's Court has yet to applicants registered with the Office-bearers of the same matter; (VIII) meet other requirements stipulated by laws and regulations. 19th administrative reconsideration application materials are incomplete or unclear, the administrative reconsideration institutions can receive an application for administrative reconsideration 5th by notice in writing to the applicant of the date correction.

Correction notice shall contain the following particulars: (a) need to be complementary, description, modify the application for administrative reconsideration of specific content, (ii) materials, evidence of the need to supplement, (iii) reasonable correction period; (iv) fails to rectify the legal consequences. Supplement materials submitted by applicant shall make correction in accordance with the notice requirements. Applicants without any justified reason, the time limit is not corrected, treated as abandoned an application for administrative reconsideration.

Over correction correction the correction period set out in the notice of the applicant, notice of correction or supplement the material does not meet the requirements, the administrative body for reconsideration may not be considered an application for administrative reconsideration.

Correct application materials used are not included in the administrative review hearing expires. 20th of administrative reconsideration organs shall from the date of filing of administrative reconsideration in the 7th, the respondent issued a notice of response, and administrative review a copy of the application or copy of an application for administrative reconsideration record sent by the applicant.

Being the applicant shall from the date of receipt of the notice of response in the 10th, provided a written response.

21st article was applicants of written replies should contains Ming following content: (a) was applicants of basic situation; (ii) made administrative behavior of process and related situation; (three) made administrative behavior of facts according to and about evidence material; (four) on applicants proposed of facts and reason for reply; (five) made administrative behavior by according to of legal, and regulations, and regulations and normative file; (six) made replies of time. Fourth administrative review review of the 22nd chapter written review of the approach to the principle of administrative reconsideration cases. The administrative reconsideration organ considers necessary or proposed hearing agreed by the administrative reconsideration organ at the request of the applicant, could take the form of hearing to review.

Hearing time required is not included in the trial period of administrative review. Administrative reconsideration organs decided to hold a hearing, the hearing shall be held in hearings before 5th time, location, specific requirements and other matters, and notify the applicant, the respondent and the third party. Applicants of more than 5 people, 1 to 5 should be elected representatives to the hearing.

Applicants without a legitimate reason not to attend the hearing or withdrew from the hearing without a permit, as a right of waiver of hearing, hearing procedures to terminate; a third person does not attend the hearing, does not affect the hearing held; applicants must attend the hearing. Deemed necessary by the administrative body for reconsideration, and field verification.

Units and personnel under investigation shall cooperate and shall not refuse or obstruct.

23rd where two and two or more of the applicant is not satisfied with the people's Government above the county level of the Department of housing and urban-rural construction an administrative action or basically the same multiple administrative acts, appeal to the administrative reconsideration organ separately filed an application for administrative reconsideration, administrative reconsideration bodies may join.

24th in the administrative review, the respondent administrative act on it should bear the burden of proof, the evidence submitted to it should be classified and numbered, sources of materials, objects and contents of the evidence briefly. 25th review administrative review cases of administrative reconsideration organs, should be based on evidence based on the facts of the case.

Final evidence should have legitimacy, authenticity and relevance.

26th the administrative body for reconsideration shall set forth the following review of the administrative act to the applicant: (I) has a corresponding legal duties, (ii) the key facts are clear, the evidence is conclusive, and (iii) apply depending on whether the right and (iv) compliance with statutory procedures; (v) exceed or abuse; (f) whether there is a clearly inappropriate.

27th article administrative reconsideration organ on applicants think was applicants not perform statutory duties of administrative reconsideration case, should review following matters: (a) applicants whether had requirements was applicants perform statutory duties; (ii) was applicants whether has legal, and regulations or regulations clear provides of specific statutory duties; (three) was applicants whether clear said refused to perform or not replies; (four) whether over statutory perform term;

(V) was put forward by the applicant cannot be within the statutory time limit to fulfil or fail to comply in a timely manner whether for just cause.

28th administrative reconsideration decision is made, the applicant may withdraw an application for administrative reconsideration. Applicant withdraws the application for administrative reconsideration shall apply for administrative reconsideration on the same facts and grounds.

However, the applicant can prove that the withdrawal of an application for administrative reconsideration except where contrary to the real intention.

29th administrative body for reconsideration shall suspend, resume for trying cases of administrative reconsideration or termination of administrative reconsideration, it shall notify the applicant, the respondent and the third party.

Chapter fifth administrative review decision article 30th administrative action, the facts are clearly ascertained, is conclusive, the application properly, procedure, as appropriate, the administrative reconsideration organ shall decide to maintain.

31st an administrative action under any of the following circumstances, the administrative reconsideration organ shall decide to cancel: (a) the main facts are not clear, insufficient evidence, (ii) applicable according to the error, (iii) the violation of legal procedures, (iv) exceed or abuse of (v) improper administrative behavior.

32nd administrative act has any of the following circumstances, administrative reconsideration bodies may decide to change the administrative act: (a) the facts are clearly ascertained and evidence procedure is legal, but the appearance of impropriety or applicable according to the error; (b) unclear facts, insufficient evidence, facts are clearly identified by the administrative review procedure, substantiated. 33rd article has following case one of of, administrative reconsideration organ should decided dismissed administrative reconsideration application: (a) applicants think was applicants not perform statutory duties application administrative reconsideration, administrative reconsideration organ accepted Hou found was applicants no corresponding statutory duties or in accepted Qian has perform statutory duties of; (ii) administrative reconsideration organ accepted administrative reconsideration application Hou, found the administrative reconsideration application not belongs to this approach provides of administrative reconsideration by case range or not meet accepted conditions of; (three) was reconsideration of administrative behavior,

For the people's Court or the administrative reconsideration organ encompassed by the effect of the entry into force of legal instruments and (iv) other circumstances as stipulated by laws, rules and regulations. 34th article has following case one of of, administrative reconsideration organ should decided was applicants in must term within perform statutory duties: (a) belongs to was applicants of statutory duties, was applicants clear said refused to perform or not replies of; (ii) belongs to was applicants of statutory duties, and has statutory perform term, was applicants no due reason late not perform or not to replies of; (three) belongs to was applicants of statutory duties, no perform term provides,

Applicants from the date of receipt of the application at least 60 without due cause fails to perform or failed to respond.

Statutory duties prescribed in the preceding paragraph, refers to the competent Department of housing and urban-rural construction of the people's Governments above the county level in accordance with the law, regulations or rules expressly provides that after receiving the assumed responsibility of the applicant to apply for shall perform the duties.

35th article administrative behavior has following case one of of, administrative reconsideration organ should confirmed illegal, but not revoked or change administrative behavior: (a) administrative behavior law should revoked or change, but revoked or change the administrative behavior will will to national interests, and social public interests caused major damage of; (ii) administrative behavior program minor illegal, but on applicants right not produced actual effect of; (three) was applicants not perform statutory duties or delay perform statutory duties, Decree perform no meaning of;

(D) illegal administrative behavior, but do not have to revoke or alter content and (v) other circumstances as stipulated by laws, rules and regulations.

Article 36th by the applicant during the period of reconsideration changed administrative act, it shall notify the administrative reconsideration organ.

Respondent changed the original administrative act, applicant withdraws the application for administrative reconsideration, administrative reconsideration organs allowed to withdraw, termination of administrative reconsideration; applicants not to withdraw an application for administrative reconsideration, administrative reconsideration following a review of the original illegal administrative acts shall confirm its illegal for administrative reconsideration decision is made; the original administrative acts legally, should reject an application for administrative reconsideration. 37th decisions of administrative reconsideration organs may nullify administrative acts, it may order the new administrative act is made by the applicant during a certain period.

Make a renewed period of administrative acts of the administrative review of decision maximum of 60 days from the date of delivery, except as otherwise provided by laws, rules and regulations.

Of administrative reconsideration organs confirm illegal administrative acts, it may order the respondent to take appropriate remedial measures.

The renewed administrative acts of the executive authorities of the applicant may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Article 38th of administrative reconsideration organs in the context of requests for administrative review of the applicant shall not be more unfavourable to the applicant's administrative reconsideration decision is made.

But interested parties with the applicant, and except for administrative reconsideration request instead. 39th claimants and respondents in the administrative reconsideration decision is made, according to law of voluntary settlement, by the applicant to the administrative body for reconsideration in accordance with these measures to withdraw an application for administrative reconsideration.

Reconciliation should not damage national interests, public interests and the legitimate rights and interests of others.

40th under any of the following circumstances, administrative reconsideration organs can be carried out in accordance with the principle of voluntary, legal mediation: (a) the applicant for administrative organs to exercise laws and regulations on discretionary administrative acts to the right to apply for administrative reconsideration, (ii) the compensation or executive compensation disputes between the parties. Reached an agreement through mediation, administrative body for reconsideration shall make a written administrative reconsideration, mediation. Administrative review mediation agreement signed by the two parties, which have the force of law.

Mediation no agreement or written conciliation to the side before turning back, the administrative reconsideration organ shall promptly make an administrative reconsideration decision.

41st instrument has a slip of administrative reconsideration, administrative reconsideration organs to correct the clerical error. 42nd the applicant and the third party in the administrative reconsideration period on administrative reconsideration within 90 days from the date of decision, may apply to the administrative reconsideration organ check out the respondent's written reply, administrative acts, based on the evidence and other relevant material, in addition to involve State secrets, business secrets or personal privacy, administrative reconsideration bodies may not refuse.

Check out should in accordance with following program handle: (a) applicants, and third people should at least ahead of 5th to administrative reconsideration organ appointment time; (ii) check out Shi, applicants, and third people should show ID pieces, administrative reconsideration organ staff should presence; (three) applicants, and third people shall not altered, and damage, and removal, and take go, and added check out material; without reconsideration organ agreed, shall not for copy, and remake, and RIP.

Applicant and the third party by way of disclosure of Government information, apply to the people's Governments above the county-level departments of housing and urban-rural construction was put forward by the applicant in written public responses, administrative acts, based on the evidence and other related materials, housing and urban-rural construction of the people's Governments above the county level can inform the applicant or the third party in accordance with the provisions of the preceding paragraph apply for inspection.

People other than the applicant and the third party, or the applicant, third person in excess of the prescribed time limit to apply for access to the respondent's written reply, administrative acts, based on the evidence and other relevant material, administrative reconsideration bodies may not be available.

43rd of administrative reconsideration organs should promote information construction, research and development of information system of administrative reconsideration, progressive realization of office automation of administrative reconsideration and administrative reconsideration file electronically.

44th review of administrative reconsideration cases after the administrative body for reconsideration shall archive the files, put them in a timely manner. 45th Chapter Sixth administrative review supervision has been the applicant shall perform the administrative reconsideration decision.

The respondent fails to perform or unwarranted delay in the fulfilment of administrative reconsideration decision, the administrative body for reconsideration may be ordered to make a reconsideration decision within the time stipulated in the performance.

Article 46th Executive was ordered to return, the respondent may, on the same facts and grounds making original administrative acts and administrative acts for the same or essentially the same, but because of violations of statutory procedures were ordered to renew the Executive other than. 47th article administrative reconsideration during administrative reconsideration organ found was applicants or other subordinate administrative organ has following case one of of, can making administrative reconsideration submissions; about organ should since received administrative reconsideration submissions of day up 60 days will corrected related administrative violations or do rehabilitation work of situation report administrative reconsideration organ: (a) specific administrative behavior has illegal or improper case, led to was revoked, and change or confirmed illegal of; (ii) administrative organ not law perform statutory duties, exists not as of

(Iii) defects or other problems in a specific administrative act; (iv) normative documents based on existing problems of a specific administrative act; (e) the problems in the administration of the Executive and institutional vulnerability; (vi) needs to make the rehabilitation of the executive authorities and (seven) others need to make administrative review submissions.

During the administrative review, administrative reconsideration institutions found that laws, rules and regulations in the implementation of a universal problem, can create administrative reconsideration of proposals to the relevant authorities to improve systems and recommendations for improving administrative enforcement.

48th State Council Department of housing and urban-rural construction of local people's Governments at or above the county level administrative review of the Department of housing and urban-rural construction work and supervise and inspect the implementation of the system.

The provinces, autonomous regions and municipalities directly under the people's Government Department of housing and urban-rural construction through regular inspections, checks and other means, the system of administrative reconsideration of work within their respective administrative areas and supervise the implementation.

Failure to comply with administrative reconsideration decision, or administrative review submissions received within 60 days of the date is not correct the relevant administrative offence report of administrative reconsideration organs, administrative reconsideration organs may be reprimanded.

49th administrative review, implementation of the administrative reconsideration decision into local people's Governments at or above the county level departments of housing and urban-rural construction administration according to law the scope of examination.

50th of administrative reconsideration organs shall establish statistics system of administrative review cases, and required higher level authorities submit the administrative reconsideration of administrative reconsideration.

The seventh chapter by-laws mentioned in the 51st article of the measures "administrative actions involving real estate" refers to the direct establishment, modification, transfer and elimination of effectiveness of real property administration. 52nd administrative reconsideration bodies may use the Special seal for administrative reconsideration.

Special seal for administrative reconsideration of administrative reconsideration matters, with the seal of the administrative body for reconsideration shall have the same effect. 53rd instruments directly to administrative reconsideration, reconsideration on the applicant's certificate of service receipt date is the date of service. Instruments of administrative reconsideration is served by post, mailing address for the applicant at the address stated in the application for administrative reconsideration, dates of delivery date for the applicant to receive messages.

The address provided by the applicant himself is not accurate, squarely address change inform administrative body for reconsideration, reconsideration, the applicant himself or his specified receiver refused to sign and the late signing, instruments of administrative reconsideration by the State postal service return, return as a day of service on the date of the instrument.

Administrative review instrument delivered to the third party's applicable prescribed in the preceding paragraph. During the 54th start date do not count in the period.

Period expires on the last day of a holiday, and holidays during the first day after the expiration date.

This approach during the administrative review of the "5th", "7th" requirement refers to working days, excluding holidays and day.

The 55th foreign nationals, stateless persons or foreign organizations in the People's Republic of China territory to apply for administrative reconsideration of administrative reconsideration organs, reference to the application of this approach.

56th matters not provided herein, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administration reconsideration law implementing the provisions of that Ordinance. 57th these measures come into effect November 1, 2015.

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