Chapter III Handling

Article 13 The administrative reconsideration organization should, within seven working days upon accepting an administrative reconsideration application, send to the respondent a reply letter and a copy of the application or photocopies of the application records.

Article 14 Where the Ministry of Land and Resources is the respondent, the former undertaking organization for specific administrative actions should make a written reply to its supervising leaders of the ministry for examination and signature and affixing the seal of the Ministry of Land and Resources. In the event that a specific administrative action is undertaken by several organizations, the responsible organization should make a written reply, with helps from other relevant organizations.

Where a local land and resources administrative department acts as the respondent, the former undertaking organization for specific administrative action should make a written reply and reports it to the leader of the department for signing and distribution after examination and approval of the administrative reconsideration organization at the same level.

The former undertaking organization for specific administrative action should appoint one or two agents to participate in the administrative reconsideration.

Article 15 The respondent should, within 10 days upon receiving the copy of the application or the photocopies of application record, submit the administrative reconsideration reply letter as well as the evidences, basis and other relevant materials initially used to justify the specific administrative action.

Where a respondent fails to follow the above provisions to give the written reply and provide the evidences, basis and other relevant materials initially used to justify the specific administrative action, it is regarded that the specific administrative action has no evidence or basis.

The administrative reconsideration reply letter should, after being affixed the seal of the respondent, state clearly the following items:

(1) Name and address of a respondent and name and position of its legal representative;

(2) Facts and relevant evidences for specific administrative action;

(3) Specific clauses and content of laws, regulations, rules and regulatory documents serving as the basis of the specific administrative action;

(4) Feedbacks to the reconsideration application of the applicant; and

(5) Reply date.

A respondent should classify and code the submitted evidence materials and briefly explain the source, object of proof and content of the evidence materials.

Article 16 The respondent may supplement related evidence after the approval of the administrative reconsideration organization in the following circumstances:

(1) In the event the evidences have been collected while taking specific administrative action but cannot be provided for legitimate reasons including force majeure when filing the administrative reconsideration reply; and

(2) In the process of administrative reconsideration, an applicant or a third party gives arguments or evidences not given when taking the specific administrative action.

Article 17 The administrative reconsideration organ should provide necessary places and conditions for the applicant and the third party to consult the materials related to the application.

The applicant, the third party and their agents should show certificates, and the administrative reconsideration workers should be present while referring to the materials.

Article 18 For accepted administrative reconsideration cases, the administrative reconsideration organization may solicit the opinions of related departments as required by the cases.

Article 19 The administrative reconsideration should in principle be handled in written form, and the administrative reconsideration organization may also hold an administrative reconsideration case review meeting to hear the opinions of the parties involved in person.

In the event that more than three persons are involved, one to three representatives shall be elected to participate in the review meeting.

The administrative reconsideration organization is to preside over the review meeting and related departments should assign persons to participate and provide feedbacks to the review.

The person involved should show certificates while participating in the review meeting, and may make statements, cross-examinations and arguments.

Review notes and comment notes may be made at the review meeting. The review notes shall be signed or stamped by related persons present at the review meeting, and the comment notes should be signed or stamped by the reviewers.

Article 20 Important and complicated administrative reconsideration cases may be handled by hearing if the applicant applies for a hearing or the administrative reconsideration organization thinks that a hearing is necessary.

The hearing should follow the principle of openness, fairness, justice and convenience to people, so that people can fully hear the opinions of the persons involved and guarantee their right to make statements, cross-examinations and arguments. A hearing shall be held publicly unless it involves national secret, business secret or individual privacy.

Article 21 Where an administrative reconsideration organization determines to hold a hearing, it should notify the hearing items including time, place and specific requirements to the persons involved in written form seven working days before the hearing.

The applicant shall take part in the hearing. Anyone failing to attend the hearing without proper reasons is regarded to give up the right to the hearing.

If a third party doesn't attend the hearing, the hearing will not be affected.

In the event of more than three persons are involved, one to three representatives shall be elected to take part in the hearing.

Article 22 A hearing is presided over by the persons in charge of the administrative reconsideration organization or persons assigned by the organization, with hearers consisting of persons from the administrative reconsideration and related departments, and the number of hearers should be odd.

Article 23 A hearing should operate according to the following procedures:

(1) Check the identity of the persons involved and inform the persons involved of their rights and obligations;

(2) The persons involved make statements;

(3) The persons involved make cross-examinations;

(4) The persons involved make arguments; and

(5) The persons involved make final statements.

Article 24 Hearing notes should be made while holding a hearing.

The hearing notes should state clearly the following items:

(1) Time and place of the hearing;

(2) Basic condition of the persons involved and their agents;

(3) Names and positions of the presiding hearer, hearers and recorder;

(4) Causes of action;

(5) Focus argued by the persons involved and relevant facts, evidences and basis; and

(6) Other items that should be stated clearly.

The hearing notes should go to the persons involved for signature or affixing the seal.

Article 25 The administrative reconsideration cases suspended according to law should resume to be handled within five working days after the lifting of the suspension and the persons involved should be informed of this in written form.

Article 26 The administrative reconsideration shall terminate in case of the following situations during the period of administrative reconsideration:

(1) The applicant asks to withdraw the application for administrative reconsideration and the administrative reconsideration organization approves the withdrawal;

(2) The natural person as the applicant dies and has no kin or his kin gives up the administrative reconsideration right;

(3) The legal person or any other organization serving as the applicant terminates, and the party succeeding to its rights and obligations gives up the administrative reconsideration right; and

(4) The applicant and the respondent become reconciled after being approved by the administrative reconsideration organization in accordance with Article 40 of the Regulation on the Implementation of the Administrative Reconsideration Law.