Chapter IV Decision

Article 27 The administrative reconsideration organization should by law review the specific administrative action taken by the applicant, give feedbacks and make the administrative reconsideration decision after the case has been reviewed and approved by the person in charge of the administrative reconsideration organ or the person responsible for administrative reconsideration in the organ.

Feedbacks to important and complicated administrative reconsideration cases may be submitted to the administrative reconsideration committee of the administrative reconsideration organ for review and approval.

Article 28 If a decision on the administrative reconsideration is made, a letter on the administrative reconsideration decision shall be produced, which should be affixed the seal of the administrative reconsideration organ or the special administrative reconsideration seal and state clearly the following content:

(1) Name, sex, age, nationality, profession and address of the applicant (name and address of legal persons or any other organization and name and position of the legal representative), and name and address of the agent entrusted by the applicant;

(2) Name and address of the respondent, name and position of the legal representative, and name and address of the agent entrusted by the respondent;

(3) Name, sex, age, nationality, profession and address of the third party (name and address of a legal person or any other organization, and name and position of the legal representative), and name and address of the agent entrusted by the third party;

(4) Reconsideration application and reasons of the applicant;

(5) Reasons and basis for the respondent for reply;

(6) Reason and basis of the third party for reply;

(7) Facts and evidences reviewed and affirmed in the administrative reconsideration;

(8) Administrative reconsideration conclusion and basis;

(9) Deadline of filing an appeal to the people's court or the State Council, if the administrative reconsideration decision is not accepted; and

(10) Date when an administrative reconsideration decision is made.

Article 29 The administrative reconsideration organ should fill in the delivered receipt when delivering the administrative reconsideration decision letter.

Article 30 In the event the maintenance of the administrative reconsideration decision leads to an administrative action, the former undertaking agency for the specific administrative action is responsible to collect and sort out the evidences, basis and other relevant materials for specific administrative action, give a brief answer and designate one or two agents to respond to the litigation in court, with the assistance of the administrative reconsideration organization; if any alteration to the former specific administrative action by the administrative reconsideration decision leads to an administrative litigation, the administrative reconsideration organization is responsible to respond to the litigation.

In the event a specific administrative action leads to an administrative litigation, the former undertaking agency for the specific administrative action is responsible to collect and sort out the evidences, basis and other relevant materials for the specific administrative action, give a brief answer and designate one or two agents to respond to the litigation in court, with the assistance of the administrative reconsideration organization.

Chapter V Implementation, Supervision and Check

Article 31 The respondent should implement the administrative reconsideration decision. Where the respondent fails to implement or has no proper reason to delay the implementation of the administrative reconsideration decision, the administrative reconsideration organ should order it to implement the decision within the legal time limit.

In case an order to implement the decision within a time limit is given, a notice on that should be made.

The respondent should implement the administrative reconsideration decision within the legal time limit upon receiving the notice on being ordered to implement the decision, and submit the performance status to the administrative reconsideration organ.

Article 32 The respondent that is ordered to retake a specific administrative action shall not take the same or basically same specific administrative action as the former one based on the same fact and reason, except that the respondent is ordered to retake the action for violating legal procedures.

Article 33 A high-level land and resources administration department should inspect the administrative reconsideration work and the institutional implementation of its subordinating departments by means of regular inspection or selective examination.

Article 34 In the event the administrative reconsideration organization fails to apply to register or review administrative reconsideration by law, the administrative reconsideration organ may order it to perform the duty according to law. For other agencies that fail to forward an administrative reconsideration application in accordance with the provisions, they shall take related legal responsibility for this.

Where the former undertaking agency for the specific administrative action gives a written reply and designates agents not in accordance with the requirements of Article 14 of the Provisions herein, it shall take legal responsibility for this.

Article 35 The land and resources administration department should incorporate administrative reconsideration and the implementation status of administrative reconsideration decision into the assessment for administration according to law.

Where an administrative reconsideration decision is not implemented or the status of remedying related administrative illegality is not reported to the administrative reconsideration organ within 60 days upon receiving the administrative reconsideration opinion, the administrative reconsideration organ should circulate a notice of criticism, and the directly responsible person and other directly responsible persons of the criticized land and resources administration department shall not take part in the excellence selection activities of that year and the following year.

Article 36 The persons in charge of the case shall timely set and place case documents on file after the settling of the administrative reconsideration case.

Chapter VI Supplementary Provisions

Article 37 The style of the land and resources administrative reconsideration document shall be uniformly formulated by the Ministry of Land and Resources.

Article 38 The Provisions herein shall come into force on January 1, 2010.

Source: www.fdi.gov.cn