Chapter I General Provisions

Article 1 For the purpose of regulating the administrative reconsideration on land and resources, further exerting the role of the administrative reconsideration system in tackling the administrative disputes over land and resources, resolving social contradictions and protecting the legitimate rights and interests of citizens, legal persons and other organizations, the Provisions is formulated pursuant to the Administrative Reconsideration Law of the People's Republic of China (hereinafter referred to as the Administrative Reconsideration Law) and the Regulation on the Implementation of the Administrative Reconsideration Law of the People's Republic of China (hereinafter referred to as the Regulation on the Implementation of the Administrative Reconsideration Law).

Article 2 The administrative organ for reconsideration on land and resources (hereinafter referred to as administrative organ for reconsideration) is the land and resources administration department performing the duty of administrative reconsideration in accordance with the Administrative Reconsideration Law and the Regulation on the Implementation of the Administrative Reconsideration Law. The administrative organization for reconsideration on land and resources (hereinafter referred to as administrative organization for reconsideration) is the organization responsible for legal work or wholly engaging in administrative reconsideration in the land and resources administration department.

Article 3 The Ministry of Land and Resources shall guide and supervise the nationwide administrative reconsideration on land and resources and administrative responses to litigations.

A high-level land and resources administration department shall guide and supervise the administrative reconsideration and administrative responses to litigations of a lower-level land and resources administration departments.

Article 4 The administration organ for reconsideration may set up an administrative reconsideration committee if necessary, and the main functions of an administrative reconsideration committee are as follows:

(1) Examine and approve the rules, system and procedure for administrative reconsideration;

(2) Deliberate and handle abstract administrative actions as prescribed in Article 7 of the Administrative Reconsideration Law and give suggestions;

(3) Check and decide important and complicated administrative reconsideration cases, study important and complicated administrative lawsuits caused by administrative reconsideration decisions and give suggestions; and

(4) Study and handle other important issues involved in administrative reconsideration.

An administrative reconsideration organ is the executing agency of administrative reconsideration committee.

Article 5 The administrative reconsideration organization handles administrative reconsideration items, organizes and handles administrative responses to litigations and specifically guides and supervises the administrative reconsideration and administrative responses to the litigations of the low-level land and resources administration department.

Other organizations of the administrative reconsideration organ are responsible for related work in accordance with the Provisions herein.

Article 6 Two or more administrative reconsideration workers should participate while the administrative reconsideration organization hears the administrative reconsideration cases.

The administrative reconsideration workers should possess good legal quality, be familiar with the laws and regulations relating to land and resources management, be devoted to their duty, enforce laws impartially and possess corresponding qualifications.

Article 7 The administrative reconsideration organ should be equipped with necessary administrative reconsideration workers and facilities for handling cases, organize regular professional trainings according to work demand, and grant honors and rewards to the units and individuals with outstanding achievements in the administrative reconsideration work in accordance with relevant provisions.

Chapter II Acceptance

Article 8 The administrative reconsideration organization uniformly accepts the administrative reconsideration applications.

Where any other agency of the administrative reconsideration organ receives an administrative reconsideration application, it should forward the administrative reconsideration organization of its administrative reconsideration organ within two working days upon receiving the administrative reconsideration application.

The administrative reconsideration organization should make special registration of the forwarded administrative reconsideration application.

Article 9 Where the administrative reconsideration application materials are incomplete or have obscure statements, the administrative reconsideration organization may notify the applicant, in written form, to supplement and correct the application materials within five working days upon receiving the administrative reconsideration application.

The approvable letter should state clearly the following items:

(1) The specific content needed to be corrected and supplemented in the administrative reconsideration application;

(2) Materials needed to be supplemented and corrected;

(3) Reasonable deadline for supplement and correction; and

(4) Legal consequences for overdue supplement and correction.

Article 10 where an administrative reconsideration application meets the provisions of Article 28 of the Regulations on the Implementation of the Administrative Reconsideration Law, the administrative reconsideration organization should accept the application, produce the administrative reconsideration application acceptance letter and issue it to the applicant.

The administrative reconsideration application letter should state clearly the rights enjoyed by the applicant according to law.

Article 11 For administrative reconsideration application beyond the duty of an administrative reconsideration organ, the organ should in a written form notify the applicant to file an application to relevant administrative reconsideration organ.

In the event an applicant repeatedly files an administrative reconsideration application with the same fact and reason, the administrative reconsideration organ should in a written form notify the applicant not to make repeated applications.

Article 12 In the event of unqualified legal applications, but in the review process, it is found that the administrative action of an applicant or the low-level land and resources administrative department violates laws and regulations or is obviously improper, the administrative reconsideration organ may require relevant departments to find out the truth, remedy illegal act and submit the written remedied results to the organ.