Provisions of Administrative Reconsideration on Land and Resources

Degree of the Ministry of Land and Resources of the People's Republic of China

No. 46

Provisions of Administrative Reconsideration on Land Resources was revised and adopted at the 12th ministerial meeting of the Ministry of Land and Resources on November 5, 2009, and is hereby promulgated, which shall come into effect as of January 1, 2010.

Minister Xu Shaoshi

November 14, 2009

 Provisions of Administrative Reconsideration on Land and Resources

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 and 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) herein refers to 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) herein refers to 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 conduct guidance and supervision on the nationwide administrative reconsideration on land and resources and administrative responses to litigations.

The high-level land and resources administration department shall conduct guidance and supervisions on the administrative reconsideration and administrative responses to litigations of the lower-level land and resources administration department.

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

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

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

(3)    Check and decide serious and complicated administrative reconsideration cases, study serious and complicated administrative lawsuits caused by administrative reconsideration decisions and raise handling suggestions; and

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

Administrative reconsideration organ is a daily work 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 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 be possessed of good legal quality, familiar with laws and regulations related to land and resources management, devoted to their duty, enforce laws impartially and acquire corresponding qualification.

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.