Homepage |
首页 新闻动态 法律服务 数据服务 项目服务 投资环境 投资服务机构 经济开发区
Laws and Regulations | Investment Laws Query
Home >Legal Service
Search
    Laws and Regulations
Administrative Review Law of the People's Republic of China
Promulgation Date:1999-04-29  Promulgation Number:Order of the President of the People's Republic of ChinaNo.16  Promulgation Department:The Standing Committee of the National People's Congress
Order of the President of the People's Republic of China No.16 The Administrative Review Law of the People's Republic of China was adopted at the Ninth Session of the Standing Committee of the Ninth NPC on April 29, 1999, and is hereby promulgated and shall go into effect as of October 1, 1999. President of the People's Republic of China: Jiang Zemin April 29,1999 Administrative Review Law of the People's Republic of China (Adopted at the Ninth Session of the Standing Committee of the Ninth National People's Congress on April 29, 1999) Contents: Chapter I General Rules Chapter II Scope of Administrative Review Chapter III Application of Administrative Review Chapter IV Acceptance of Administrative Review Chapter V Decision of Administrative Review Chapter VI Legal Responsibility Chapter VII Supplementary Rules Chapter I General Rules Article 1 This Law is promulgated in accordance with the Constitution in order to prevent and correct any illegal or improper specific administrative acts, protect the lawful rights and interests of citizens, legal persons and other organizations, safeguard and supervise the exercise of functions and powers by administrative organs according to law. Article 2 This Law shall apply to any citizen, legal person or any other organization who considers that his or its lawful rights and interests have been infringed by a specific administrative act, and applies for administrative review to an administrative organ and any administrative organs which accepts the application for administrative review, and makes a decision. Article 3 Administrative organs performing their duties of administrative review according to this Law are administrative review organs. The offices in charge of legal affairs within administrative review organs shall deal with concrete matters relevant to administrative review and perform duties as follows: (1) to accept applications for administrative review; (2) to tak evidence from related organizations and persons, and consult files and materials; (3) to review the legality and appropriateness of any specific administrative act being applied for administrative review, and make decisions for administrative review; (4) to handle or forward applications for reviewing items as listed in Article 7 of this Law; (5) to put forward proposals, according to statutory authorities and procedures, on disposing acts committed by administrative organs in violation of the provisions of this Law; (6) to handle responding affairs to action lodged in circumstances of refusing to accept the review decision; and (7) other duties stipulated by laws and regulations. Article 4 Administrative review organs shall, in performing duties of administrative review, abide by the principles of being lawful, fairness, openness, timely, and convenient to people, insist on correcting every wrong, and ensuring to carry out laws and regulations correctly. Article 5 If any citizen, legal person or any other organization refuses to accept an administrative review decision, he or it may, according to the provisions of Administrative Procedure Law of the People's Republic of China, lodge an administrative lawsuit in a people's court, except that the administrative decision is a final one as provided for by law. Chapter II Scope of Administrative Review Article 6 Any citizen, legal person, or any other organization may, according to this Law, apply for administrative review under any of the circumstances as follows: (1) refusing to accept an administrative sanction, such as warning, fine, confiscation of illegal gains or property, order to suspend production or business, suspension or rescission of license or permit, administrative attachment and so on; (2) refusing to accept a compulsory administrative measure, such as restriction of personal freedom or the sealing up, seizing or freezing of property and so on; (3) refusing to accept an administrative decision of altering, suspending or discharging certificates, such as a license, permit, credit certificate, credential and so on; (4) refusing to accept an administrative decision of confirming ownership or right to use of natural resources such as land, mineral resources, rivers, forests, mountains, grasslands, unreclaimed land, beaches, maritime waters and so on; (5) holding that the administrative organ has infringed upon its/his managerial decision-making power; (6) holding that the administrative organ has infringed upon its/his rights and interests by altering and nullifying its/his agricultural contract; (7) holding that the administrative organ have illegally raised funds, levied property, apportioned charge, or demanded the performance of duties; (8) holding that the administrative organ have failed to issue a certificate, such as a permit, license, credit certificate, or credential, or examine and approve and register related items according to laws, for which it/he considers itself/themselves legally qualified; (9) holding that the administrative organ have failed to perform its statutory duty, in accordance with law, of protecting its/his rights of the person and of property, and rights to receive education, as one has applied for; (10) holding that the administrative organ have failed to issue a pension, social insurance money or minimum maintenance fee for living in accordance with law; and (11) holding that other specific administrative acts of an administrative organ have infringed upon its/his lawful rights and interests. Article 7 If any citizen, legal person or any other organization holds any of the following provisions as the basis of a specific administrative act of an administrative organ is illegal, he or it may, when applying for administrative review on a specific administrative act, apply to the administrative review organ for reviewing such provisions: (1) provisions made by departments under the State Council; (2) provisions made by local people's governments at or above the county level and departments thereof; (3) provisions made by people's governments of towns or townships. The provisions as listed in the preceding paragraph do not cover rules of departments and commissions under the State Council, and that of local people's governments. Review on such rules shall be carried out in accordance with related laws and administrative regulations. Article 8 If one refuses to accept any administrative sanction or any other personnel disposition made by an administrative organ, appeal may be made in accordance with related provisions of laws and administrative regulations. If one refuses to accept any mediation or any other disposition on a civil dispute made by an administrative organ, an application for arbitration may be made or a lawsuit may be lodged in a people's court. Chapter III Application of Administrative Review Article 9 Any citizen, legal person or any other organization considering that a specific administrative act has infringed upon his or its lawful rights and interests, may apply for an administrative review within 60 days as from the day when the specific administrative act is known to him or it, except that the time limit prescribed in laws exceeds 60 days. In case the time limit stipulated by law is delayed owing to force majeure or other special reasons, it shall be accounted continuously from the day when the obstacle disappears. Article 10 Any citizen, legal person or any other organization that applies for administrative review according to this Law is an applicant. If a citizen having the right to apply for administrative review is deceased, his near relatives may file an application for administrative review. If a citizen enjoying the right to apply for administrative review is without or with limited capacity for civil conduct, his statutory agent may apply for administrative review on his behalf. If any legal person, or any other organization that has the right to apply for administrative review terminates, the legal person or any other organization that succeeds to its rights may file an application for administrative review. Any other citizen, legal person or organization that has an interest in a specific administrative act, for which an administrative review has already been filed may request to take part in the administrative review as a third party. In case any citizen, legal person or any other organization refuses to accept a specific administrative act made by an administrative organ and files an application for an administrative review, the said administrative organ that undertook the specific administrative act shall be the respondent of the application. The applicant and the third party may entrust agent(s) to take part in the administrative review. Article 11 An applicant may file an application for administrative review in written or in oral. If applying in oral, the administrative review organ shall transcribe fundamental facts of the applicant, claims of the administrative review, and main facts of, grounds for and time of the application for the administrative review. Article 12 In case any citizen, legal person, or any other organization refuses to accept a specific administrative act of the departments under local people's governments at or above the county level, it/he may apply for an administrative review to the people's government at the same or the next higher level. In case any citizen, legal person, or any other organization refuses to accept a specific administrative act of a State security organ or an administrative organ, who adopts vertical management system, such as the Customs organ, the banking, the tax organ and the organ for foreign exchange control,, it/he shall apply for administrative review to the competent authority at the next higher level. Article 13 In case any citizen, legal person, or any other organization refuses to accept a specific administrative act of local people's governments at various levels, it/he shall apply for administrative review to the local people's government at the next higher level. In case any citizen, legal person, or any other organization refuses to accept a specific administrative act of a local people's government at the county level, which belongs to a dispatched organ legally set up by a people's government of a province or an autonomous region, it/he shall apply for administrative review to the dispatched organ. Article 14 In case a citizen, legal person, or any other organization refuses to accept a specific administrative act of a department under the State Council, or the people's government of a province, an autonomous region, or a municipality directly under the Central Government, it/he shall file an application for administrative review to the department and government mentioned above that undertook the specific administrative act. The applicant who refuses to accept the administrative review decision may lodge a lawsuit in a people's court; or apply to the State Council for a ruling, and the ruling made the State Council in accordance with the provisions of this Law shall be the final. Article 15 In case a citizen, legal person, or any other organization refuses to accept a specific administrative act of an administrative organ or an organization, except for the administrative organs listed in Articles 12, 13, and 14 of this Law, it/he shall apply for administrative review according to the following provisions: (1) if refuses to accept a specific administrative act of a dispatched organ set up by a local people's government at or above the county level, it may apply to the people's government that set up the dispatched organ; (2) if refuses to accept a specific administrative act made in its own name by a dispatched organ that is set up by departments under governments according to the provisions in laws, regulations or rules, it shall apply to the department who set up the dispatched organ, or the local people's government at the same level with the department; (3) if refuses to accept a specific act of an organization authorized by laws or regulations, it shall respectively apply to the local people's government, the department under a local people's government, or the department under the State Council, who is directly responsible for the organization mentioned above; (4) if refuses to accept a specific act of two or more administrative organs in their common names, it shall apply to their common administrative organ at a higher level; (5) if refuses to accept a specific act of an abolished administrative organ, it shall apply to the administrative organ at the next higher level than the administrative organ that successes to the functions and powers of the abolished organ. Under any of the circumstances as listed in the preceding paragraph, the applicant may also apply to the local people's government at the county level in the locality of the specific administration act, and the accepting government shall deal with the application according to the provisions of Article 18 of this Law. Article 16 If a citizen, legal person or any other organization applies for administrative review, and an administrative review organ accepts the application according to laws, or if, according to related provisions of laws or regulations, he or it shall first apply to an administrative review organ for administrative review and then lodge an administrative suit in a people's court in case he or it refuses to accept the review decision, he or it shall not lodge an administrative suit in a people's court within the statutory time limit for administrative review. If a citizen, legal person, or any other organization lodges a suit in a people's court, and the people's court, according to laws, accepts the suit, he or it shall not apply for administrative review. Chapter IV Acceptance of Administrative Review Article 17 An administrative review organ shall, after receiving an application for administrative review, examine the application within five days, and it shall notify the applicant in written form in case it refuses to accept the application in circumstances where the application does not conform to the provisions in this Law; it shall notify the applicant to apply to the related administrative review organ if the application is beyond the scope of administrative review applications acceptable to this organ but conform to the provisions in this Law. Except for the stipulations in the preceding paragraph, an administrative review organ shall be deemed to accept the application from the day when the office in charge of legal affairs in this organ receives the application. Article 18 The people's government that, in accordance with the provisions stipulated in the second paragraph of Article 15 of this Law, receives an administrative review application shall transfer this application that, in accordance with the first paragraph of Article 15 of this Law, shall be accepted by another administrative review organ to the related administrative review organ and notify the applicant within seven days from the day when it receives the application. The administrative review organ that receives the transferred application shall deal with it according to the provisions of Article 17 of this Law. Article 19 If, according to related laws or regulations, a citizen, legal person or any other organization shall first apply to an administrative review organ for administrative review and then lodge a suit in a people's court, and the administrative review organ refuses to accept the application or fails to make a decision on the expiration of the time limit, the applicant may, according to law, lodge a suit in a people's court from the day of receiving a written refusal-of-acceptance decision or within 15 days as of the expiration of the time limit for administrative review. Article 20 If a citizen, legal person, or any other organization applies to an administrative review organ for administrative review in accordance with law, and the administrative review organ refuses to accept the application without due reasons, administrative organs at the higher level shall order it to accept and may also, if necessary, accept directly. Article 21 During the course of administrative review, execution of the specific administrative act shall not be suspended. It may be suspended under any of the circumstances as follows: (1) suspension is deemed necessary by the applied; (2) suspension is deemed necessary by the administrative review organ; (3) suspension is decided by the administrative review organ at the request of the applicant because the request is considered to be reasonable; or (4) suspensions is required by the provisions of laws. Chapter V Decision of Administrative Review Article 22 In principle, administrative review shall be conducted in written. But in case the applicant makes a require or the office in charge of legal affairs in the administrative review organ deems it necessary, the administrative review organ may investigate facts among the related organizations and citizens and listen to the views of the applicant, the respondent and the third party. Article 23 The office in charge of legal affairs in the administrative review organ shall send a duplicate of the application form for administrative review or a copy of the transcript of the administrative review application to the respondent within 7 days from the acceptance day of the application. The respondent shall reply in written within 10 days from the day of the receipt of the duplicate or the copy mentioned above, and provides the evidence, grounds, and other related documents, on the basis of which the original specific administrative act has been undertaken. The applicant and the third party may consult the reply in written and the evidence, grounds, and other related materials, on the basis of which the specific administrative act has been undertaken, and except that those involve in State secrets, business secrets, or the private affairs of individuals, the administrative review organ shall not refuse such requirement. Article 24 In the proceeding of administrative review, the respondent shall not collect evidence from the applicant and any other organization or individual concerned by himself. Article 25 Before a decision of administrative review is concluded, the applicant who applies to withdraw the application for administrative review may withdraw his application by stating grounds, and the administrative review shall cease with the withdrawal. Article 26 If the applicant applies for reviewing the related provisions as listed in Article 7 of this Law, along with the application for administrative review, and the administrative review organ has the authority to handle the provisions, the administrative review organ shall make a decision according to law within 30 days; if the administrative review organ has no authority, it shall transfer, according to the legal procedures, to the administrative organ who has the authority to handle them within 7 days. During the handling period, the examination of the specific administrative act shall be suspended. Article 27 In examining a specific administrative act undertaken by the respondent, the administrative review organ considers the grounds, on the basis of which the specific administrative act has been undertaken, are illegal, the organ shall, according to law, handle them within 30 days if it has the authority to handle them; if it has no authority to handle them, the organ shall transfer them to the State organ who has authority to handle within 7 days in accordance with the legal procedure. During the handling period, the examination of the specific administrative act shall be suspended. Article 28 The office in charge of legal affairs in an administrative review organ shall examine the specific administrative act undertaken by the respondent, put forward its opinions and make the decision of administrative review after the approval of the principles in the administrative review organ or the assent after the group discussion, according to rules as follows: (1) if, as for a specific administrative act, the fact cognizance are clear, the evidence for is conclusive, the application of grounds is correct, the procedure is legal, and the content of the act is proper, such act shall be sustained by decision; (2) if the applied failed to perform the statutory duties, it shall be required to perform the duties within a provisioned time by decision; (3) if a specific administrative act has been undertaken in any of the following circumstances, the act shall be revoked, altered, or confirmed as illegal by decision; if it is altered, or confirmed as illegal by decision, the applied may be ordered to undertake a new specific administrative act within a provisioned time: a. essential facts being ambiguous, and evidence being inadequate; b. application of grounds being erroneous; c. violation of legal procedures; d. excess of authority or abuse of powers; or e. the specific administrative act being obviously inappropriate. (4) if the respondent failed to reply in written, or provide the evidence, grounds, and other related materials on the basis of which a specific administrative act has been undertaken, the specific administrative act shall be deemed to have no evidence and grounds and be revoked by decision. If an administrative review organ orders the respondent to undertake a new specific administrative act, the respondent shall not, based on the same fact and reason, undertake a specific administrative act identical or essentially identical with the original specific administrative act. Article 29 An applicant may claim administrative compensation along with applying for administrative review, and in case damages shall be paid according to the related provisions of the State Compensation Law, the administrative review organ shall make a decision to order the respondent to pay the damages in accordance with law, simultaneous with a decision to revoke or alter the specific administrative act or to confirm the specific administrative act as illegal. If in applying for administrative review, an applicant does not apply for administrative compensation, an administrative review organ shall order the respondent to return the property, abolish the measures of sealing up, seizing, or freezing the property, or compensate the corresponding amount as making a decision to revoke or alter a fine, or to revoke such specific administrative acts as illegally raising funds, confiscating property, levying property, apportioning charge, and sealing up, seizing, or freezing property. Article 30 If any citizen, legal person, or any other organization holds that a specific administrative act of an administrative organ has infringed upon his or its ownership and right to use, which are acquired in accordance with law, of natural resources, such as land, mineral resources, rivers, forests, mountains, grasslands, unreclaimed land, beaches, maritime waters and so on, he or it shall first apply for administrative review and then lodge a suit in a people's court in accordance with laws in case he or it refuses to accept the administrative review decision. In accordance with the decisions of the State Council or the people's government of each province, autonomous region and municipality directly under the Central Government to prospect and confirm or adjust or to requisition lands, an administrative review decision, which is made by the people's government of each province, autonomous region and municipality directly under the Central Government, to confirm ownership and right to use of natural resources mentioned above is a final one Article 31 An administrative review organ shall make an administrative review decision within 60 days from the acceptance day of the application, except for the circumstances where the time limit set in laws is shorter than 60 days. If circumstances are complex, and an administrative review organ cannot make a decision within the prescribed time limit, the principles of the administrative review organ may approve an appropriate extension of the time limit within 30 days, and the extension shall be informed to the applicant and the respondent. An administrative review organ when making an administrative review decision shall draw up a written one to which the organ shall affix its seal. Once the written administrative review decision is served, the decision comes into effect instantly. Article 32 The respondent shall perform the administrative review decision. If it does not perform or delays performing without due reasons, the administrative review organ or an related administrative organ at higher level shall order it to perform within a fixed time. Article 33 An applicant, who fails to lodge a suit on the expiration of the time limit and does not perform an administrative review decision or for whom an administrative review decision is the final ruling, shall be disposed respectively in accordance with the following provisions: (1) an administrative review decision to sustain a specific administrative act shall be executed compulsorily, according to law, by the administrative organ that has undertaken the specific administrative act, or be applied to a people's court for compulsory execution; (2) an administrative review decision to alter a specific administrative act shall be executed compulsorily, according to law, by the administrative review organ, or be applied to a people's court for compulsory execution. Chapter VI Legal Liabilities Article 34 In case an administrative review organ, by violating the provisions of this Law, refuses to accept, without due reasons, an application for administrative review applied according to law, or fails to transfer an application in accordance with related provisions, or fails to make an administrative review decision within provisioned time limit, the persons in charge directly responsible and the other directly responsible persons shall, in accordance with law, be given administrative sanctions such as warning, demerit record, or heavy demerit record; if the administrative review organ still refuses to accept the administrative review application after being ordered to accept or failure of transfer the application according to the relevant provisions causes serious consequences, they shall, in accordance with law, be given administrative sanctions such as being demoted, being dismissed from post, or being discharged. Article 35 If any staff member of an administrative review organ in administrative review activities, practices favoritism for personal interests or commits any other act of jobbery and misfeasance, he shall, in accordance with law, be given an administrative sanction such as warning, demerit record or heavy demerit record; if the circumstance is serious, he shall, in accordance with law, be given an administrative sanction such as being demoted, being dismissed from post, or being discharged; if a crime is constituted, he shall be subject to criminal liabilities in accordance with law. Article 36 If the respondent, in violation the provisions of this Law, fails to reply in written or fails to provide evidence, grounds, and other related materials for a specific administrative act, or obstructs or disguisedly obstructs a citizen, legal person or any other organization to apply for administrative review, the directly responsible persons in-charge and the other directly responsible persons shall, in accordance with law, be given administrative sanctions such as warning, demerit record, heavy demerit record; anyone who conducts retaliation shall, in accordance with law, be given an administrative sanction such as being demoted, or being dismissed from post, being discharged; anyone who commits a crime shall be subject to criminal liabilities in accordance with law. Article 37 If the respondent fails to perform or delays, without due reasons, performing an administrative review decision, the directly responsible persons in charge and the other directly responsible persons shall, in accordance law, be given administrative sanctions such as warning, demerit record, or heavy demerit record; if the respondent still refuses to perform after being ordered, they shall, in accordance with law, be given administrative sanction such as being demoted, being dismissed from post, or being discharged. Article 38 If an office in charge of legal affairs in an administrative review organ finds the circumstances, such as refusing to accept an application for administrative review without due reasons, failing to make an administrative review decision within a prescribe time limit, practicing favoritism for personal interests, attacking an applicant in retaliation, or failing to perform an administrative review decision, it shall put forward a proposal to the related administrative organ, and the related organ shall handle the circumstances according to the provisions of this Law, the related laws and administrative regulations. Chapter VII Supplementary Rules Article 39 An administrative review organ shall not charge any fees for accepting an application for administrative review to an applicant. Fees for administrative review shall be absorbed into administrative fees of the administrative review organ and be guaranteed by the government budget at the same level. Article 40 The calculation of administrative review period and the serving of administrative review documents shall be conducted in accordance with the provisions of the time and the serving concerned in the Civil Procedure Law. "5 days" and "7 days" in the provisions related to administrative review period prescribed in this Law mean working days, excluding holidays. Article 41 In case foreigners, stateless persons, or foreign organizations are engaged in administrative review in the People's Republic of China, this Law shall be applicable. Article 42 In case the provisions on administrative review in other laws enacted before this Law comes into force do not accord with the provisions in this Law, the provisions in this Law shall prevail. Article 43 This Law shall get into effect as of October 1, 1999.The Regulations on Administrative Review promulgated by the State Council on December 24, 1990 and amended and re-promulgated by the State Council on October 9, 1994 shall be revoked at the same time.
Print Collection Close
 Relevant laws and regulations More>> 
 Site Map | About Us | Services | Links | Statement

Ministry of Commerce of the People's Republic of China Department of Foreign Investment Administration

Operated by Investment Promotion Agency of MOFCOM

Tel:  (86-10) 64404554

Copyright by Invest in China

Fax: (86-10) 64515317

ICP Record No.: Beijing ICP 06041048-4 E-mail: service@fdi.gov.cn