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The revised "Regulations on the Implementation of the Administrative Reconsideration Law" is scheduled to be officially implemented on July 1, 2026. This revision aims to achieve institutional integration with the newly revised "Administrative Review Law" in 2023, further refine relevant regulations, and promote the improvement of the administrative review system and mechanism. The revision work adheres to the combination of goal orientation, problem orientation and deepening reform, focusing on giving full play to the role of administrative review as the "main channel" to resolve administrative disputes. It strives to absorb and substantively resolve more administrative disputes in the administrative review process by clarifying the scope of applications, optimizing the jurisdiction system and improving the trial procedures, thereby improving the quality, efficiency and credibility of case handling.

In terms of case handling and dispute resolution, the new Regulations have significantly strengthened substantive resolution efficiency and supervision. The provisions have been increased from the original seven chapters and sixty-six to eight chapters and seventy-seven, clearly requiring the strengthening of administrative reconsideration and mediation work, and promoting the cooperation of administrative agencies to substantively resolve disputes on the track of the rule of law. At the same time, the comprehensive review of the legality and appropriateness of administrative actions has been strengthened, efforts to correct improper administrative actions have been intensified, and administrative disputes have been prevented and reduced from the source. In addition, the new "Regulations" improve the leadership guarantee mechanism and the performance requirements of review agencies, clarify the qualifications for administrative review personnel, and provide stronger institutional support for handling cases fairly and efficiently and safeguarding the legitimate rights and interests of the people and enterprises.

In response to specific problems in practice, the new Regulations have made a number of refined provisions on application details and handling systems. On the one hand, it details the qualification determination of applicants for individual industrial and commercial households, rural collective economic organizations and other entities, as well as the rules for determining the respondent under special circumstances, and clarifies the application deadline for failure to perform statutory duties and the specific circumstances of pre-examination. On the other hand, the administrative review committee system has been improved, procedures for combined trials and upgraded trials have been added, investigation and evidence collection methods such as face-to-face inquiries and on-site inspections have been improved, and incidental review and supervision of "red-headed documents" have been strengthened. In order to ensure the smooth implementation of the "Regulations", the Ministry of Justice will simultaneously carry out hierarchical learning and publicity, strengthen guidance and supervision, and improve the legislative, reform, and abolition of supporting systems to comprehensively enhance the convenience and professionalism of administrative review.

The new "Regulations on the Implementation of the Administrative Reconsideration Law" will be implemented on July 1: A brief analysis of the three core changes by Yingting Lawyer

First, there is “no blind spot” for rights relief, and the entrance to rights protection and the boundary of protection are comprehensively broadened.The new "Regulations" have made four key refinements at the "entry port" of rights protection to ensure that parties concerned can "advanced and accurate complaints." The first is to expand the scope of review, and clearly include cases such as inclusion in the "blacklist" of serious breach of trust and dissatisfaction with the school's expulsion appeal handling decision, which fills the previous legal gaps. The second is to establish the obligation to notify adverse administrative actions, requiring administrative agencies to clearly inform the parties of their reconsideration rights, agencies and deadlines when taking actions that are detrimental to the counterparty, so as to reduce the source of missed opportunities for rights protection due to "not knowing that they can file a complaint". The third is to supplement the time limit protection rules. It is clearly stipulated that the period during which a direct lawsuit is dismissed by the court because the person was not notified of the pre-examination review will not be included in the time limit for the review application, eliminating the "time limit anxiety" of the parties. The fourth is to expand the scope of interested parties and clarify situations such as damage to neighboring rights and fair competition rights as "interested relationships" to ensure that more subjects indirectly affected by administrative actions can enter the review process and truly realize that "where there is a right, there must be a remedy."

Second, use “multiple channels” to resolve disputes and innovate self-correction and professional case handling mechanisms.In order to solve the problem of "cannot settle cases", the new "Regulations" introduced three core innovations in the case handling mechanism to promote efficient resolution of disputes within the administrative system. The first is to establish the "self-correction right" of administrative agencies. It stipulates that the agency that issued administrative penalties can, within 5 working days after receiving the reconsideration application, find that the behavior is illegal or inappropriate, and can cancel or change it on its own and notify the applicant. This will resolve a large number of disputes in the bud and is a highlight of this revision. The second step is to standardize the respondent’s agency system, making it clear that administrative agencies cannot only appoint lawyers to participate in the review, but must designate staff as agents, which strengthens the administrative agency’s main responsibility and obligation to face disputes head-on. Finally, there is the physical operation of the Administrative Reconsideration Committee, with the person in charge of the government at the corresponding level serving as the director, and requiring an explanation of the adoption of the committee's advisory opinions, and improving the professionalism and credibility of case handling through "expert consultation" to ensure that the review results can withstand testing.

Third, there are "hard constraints" on supervision and review, and the review standards and preliminary procedural rules are refined.The new "Regulations" strengthen the substantive supervision of administrative power, making reconsideration no longer a "going through the motions", which is mainly reflected in the refined upgrade of the three systems. The first is to refine the identification criteria of "improper administrative behavior" and specify situations that violate the purpose of administrative management and exceed necessary limits. This solves the pain points of "reasonableness review" that were difficult to operate in the past and intensifies the correction of "legal but unreasonable" behavior. The second is to improve the accompanying review of normative documents, clarifying that parties can apply for review of "red-headed documents" before the reconsideration decision is made, and clearly define review standards such as "terms exceeding authority" and "violating superior laws" to curb the issuance of illegal documents from the source. The third is to accurately define the preliminary scope of reconsideration, provide detailed explanations for high-frequency dispute situations such as "failure to perform statutory duties" (such as failure to perform protection, licensing, and payment duties) and "non-disclosure of government information", straighten out the connection between reconsideration and litigation, and promote administrative reconsideration to truly become the main channel for resolving administrative disputes.

The following is the full text of the document:
Order No. 836 of the State Council of the People's Republic of China
The "Regulations on the Implementation of the Administrative Reconsideration Law of the People's Republic of China" have been revised and adopted at the 83rd executive meeting of the State Council on April 17, 2026, and are hereby announced and will come into effect on July 1, 2026.

Prime Minister Li Qiang

April 29, 2026

Chapter 1General Principles
Article 1These Regulations are formulated in accordance with the Administrative Reconsideration Law of the People's Republic of China (hereinafter referred to as the Administrative Reconsideration Law).

Article 2Administrative review agencies should conduct a comprehensive review of the legality and appropriateness of administrative actions, protect the legitimate rights and interests of citizens, legal persons and other organizations, supervise and guarantee the administrative agencies' exercise of powers in accordance with the law, promote the substantive resolution of administrative disputes, and promote the prevention and reduction of administrative disputes at the source.

Article 3Administrative reconsideration agencies at all levels should conscientiously perform administrative review duties, lead and support the administrative reconsideration agencies of their own agencies to handle administrative reconsideration matters in accordance with the law, equip, enrich and adjust full-time administrative review personnel in accordance with relevant regulations, and ensure that the case-handling capabilities of the administrative reconsideration agencies are commensurate with their work tasks.

Article 4The administrative reconsideration agency shall perform the following duties in accordance with the provisions of the Administrative Reconsideration Law and these Regulations:

(1) Accept applications for administrative reconsideration;

(2) Organize and carry out administrative reconsideration and mediation;

(3) Hear administrative review cases and formulate administrative review decisions;

(4) Handle incidental review matters stipulated in Articles 56 and 57 of the Administrative Reconsideration Law;

(5) Handle administrative compensation and other matters stipulated in Article 72 of the Administrative Reconsideration Law;

(6) In accordance with their duties and powers, guide and supervise the lower-level administrative review agencies to perform administrative review duties in accordance with the law;

(7) In accordance with their duties and powers, urge the respondent and other relevant administrative agencies to perform administrative review decisions, mediation letters, and opinions in accordance with the law;

(8) Handle statistics on administrative review cases and copy administrative review decisions;

(9) Study the problems discovered during the administrative review work, make timely suggestions for improvement to the relevant agencies, and report major issues to the administrative review agency in a timely manner;

(10) Other matters stipulated by laws and regulations.

Article 5Administrative review personnel shall have political, professional qualities and moral conduct suitable for performing administrative review duties.

Article 6Administrative review agencies should strengthen administrative review mediation work, support and guarantee administrative review agencies to carry out mediation work in accordance with the law, and relevant administrative agencies should cooperate.

Article 7Administrative review agencies should strengthen the standardization of administrative review work and improve the standardization level of administrative review work processes and guarantees. Specific regulations will be formulated by the administrative review agency of the State Council in conjunction with relevant departments of the State Council.

Article 8The administrative review agency of the State Council provides convenience for citizens, legal persons or other organizations to apply for and participate in administrative review through a unified administrative review information platform, and improves the quality and efficiency of administrative review work.

Administrative reconsideration activities are conducted online through information network platforms and have the same legal effect as offline administrative reconsideration activities.

Chapter 2 Application for Administrative Review

Section 1: Scope of Administrative Review

Article 9The scope of administrative review stipulated in Article 11, Item 15 of the Administrative Review Law includes the following situations:

(1) Dissatisfaction with the decision of the administrative agency to include the list of seriously dishonest persons or the disciplinary measures for dishonesty;

(2) Dissatisfaction with the appeal handling decision made by the education administrative department on the school’s expulsion or withdrawal;

(3) Be dissatisfied with the degree-granting unit’s failure to accept degree applications, refuse to award degrees, or revoke degrees;

(4) Be dissatisfied with the decision made by the administrative agency to deal with the applicant's disciplinary violations in the recruitment of civil servants or staff managed with reference to the Civil Servant Law;

(5) It is believed that other administrative actions of administrative agencies infringe upon its legitimate rights and interests.

Article 10Administrative agreements stipulated in Article 11, 13 of the Administrative Reconsideration Law include the following agreements:

(1) Government franchise agreement;

(2) Compensation agreement for expropriation of land, houses, etc.;

(3) Agreements on leasing, sales, etc. of government-invested affordable housing;

(4) Medical security service agreement;

(5) Other administrative agreements.

Section 2 Participants of Administrative Reconsideration

Article 11Close relatives referred to in the Administrative Reconsideration Law and these Regulations include spouses, parents, children, brothers and sisters, grandparents, maternal grandparents, grandchildren, maternal grandchildren and other relatives who have a support and support relationship.

Article 12If an individual industrial and commercial household applies for administrative reconsideration, the operator registered on the business license shall be the applicant.

If a rural contract management household applies for administrative reconsideration, the person recorded on the land contract management right certificate and other certificates, the person who signed the contract, or the member representative elected by all members of the rural contract management household shall be the applicant.

Article 13If a partnership applies for administrative reconsideration, the enterprise registered in accordance with the law shall be the applicant, and the partner who performs partnership affairs shall participate in the administrative reconsideration on behalf of the enterprise; if other partnership organizations apply for administrative reconsideration, all partners shall jointly apply for administrative reconsideration.

If other organizations that do not have legal person qualifications other than those specified in the preceding paragraph apply for administrative review, the main person in charge of the organization shall participate in the administrative review on behalf of the organization; if there is no main person in charge, jointly elected members shall participate in the administrative review on behalf of the organization.

Article 14If the company's shareholders' meeting or board of directors believe that the administrative actions taken by the administrative agencies infringe upon the company's legitimate rights and interests, they may apply for administrative reconsideration in the name of the company.

Article 15If a rural collective economic organization or a villagers committee or villager group that performs the functions of a rural collective economic organization in accordance with the law believes that an administrative action taken by an administrative agency infringes upon the legitimate rights and interests of a rural collective economic organization, it may apply for administrative reconsideration in its own name.

If a rural collective economic organization or a villagers committee or a villager group that performs the functions of a rural collective economic organization in accordance with the law does not apply for administrative reconsideration, more than half of the members of the rural collective economic organization may apply for administrative reconsideration in the name of the rural collective economic organization, villagers committee or villagers group.

Article 16If the owners' committee believes that the administrative actions taken by the administrative agencies infringe upon the common interests of the owners, it may apply for administrative reconsideration in its own name.

If the owners' committee does not apply for administrative reconsideration or has not established an owners' committee, owners whose exclusive parts account for more than half of the total area of the building or more than half of the total number of households may apply for administrative reconsideration in their own names.

Article 17If there are more than 10 applicants for the same administrative review case, 2 to 5 representatives will be selected to participate in the administrative review.

To elect a representative, applicants shall submit a recommendation letter signed, stamped, or fingerprinted by all applicants to the administrative review authority.

If there are more than 10 third parties, representatives may be elected in accordance with the provisions of the preceding two paragraphs.

Article 18Other agents specified in Paragraph 1 of Article 17 of the Administrative Reconsideration Law include close relatives and staff of the applicant or a third party.

The respondent shall designate 1 to 2 staff members as agents to participate in the administrative review, and shall not only entrust a lawyer to serve as the agent.

Article 19If an administrative review applicant who meets the conditions for legal aid applies for legal aid, he or she shall apply to the legal aid agency where the administrative review agency is located or where the administrative dispute occurs.

Article 20If an administrative agency and an organization authorized by laws, regulations, or rules perform the same administrative act in a common name, the administrative agency that jointly performs the administrative act and the organization authorized by laws, regulations, or rules shall be joint respondents.

If an administrative agency and other organizations perform the same administrative act in a common name, the administrative agency shall be the respondent, and other organizations may participate in the administrative review as a third party.

Article 21If a dispatched agency, internal agency, or other organization established by an administrative agency performs administrative acts in its own name without authorization from laws, regulations, or rules, the administrative agency shall be the respondent.

Article 22If an organization authorized by laws, regulations, or rules takes administrative actions based on the authorization, the organization shall be the respondent.

Section 3 Submission of application

Article 23The calculation of the time limit for administrative reconsideration application stipulated in Paragraph 1 of Article 20 of the Administrative Reconsideration Law shall be handled in accordance with the following provisions:

(1) If an administrative action is taken on the spot, the calculation shall start from the date when the administrative action is taken;

(2) If a legal document specifying an administrative action is delivered directly, the calculation shall start from the date when the recipient signs for receipt or refuses to sign for receipt;

(3) If a legal document stating an administrative act is delivered by mail, it shall be calculated from the date on which the recipient signs on the mail receipt form; if there is no mail receipt form, the calculation shall be on the date on which the recipient signs on the delivery receipt or the date on which the recipient signs as recorded by the postal agency;

(4) If a legal document stating an administrative act is delivered electronically, the date on which the legal document arrives at the specific system designated by the recipient shall be counted, unless otherwise provided for by laws and administrative regulations;

(5) If the administrative action is notified to the recipient through an announcement in accordance with the law, the time limit shall be calculated from the expiration of the time limit specified in the announcement;

(6) If the administrative agency fails to notify citizens, legal persons or other organizations when taking administrative actions, and then makes supplementary notifications afterwards, the calculation shall start from the date when the citizen, legal person or other organization receives the notice of supplementary notification from the administrative agency.

If the respondent can prove that a citizen, legal person or other organization knows or should know about the administrative act, the time shall be calculated from the date when the evidence proves that the citizen, legal person or other organization knows or should know about the administrative act.

Article 24If a citizen, legal person or other organization applies to the administrative agency to perform its statutory duties in accordance with the provisions of Article 11, Item 3, Item 11, and Item 12 of the Administrative Reconsideration Law, but the administrative agency fails to perform, the time limit for applying for administrative reconsideration shall be calculated in accordance with the following provisions:

(1) If there is a time limit for performance, it shall be calculated from the date of expiration of the time limit for performance;

(2) If there is no time limit for performance, it will be calculated from the 60th day after the administrative agency receives the application.

If a citizen, legal person or other organization requests an administrative agency to perform its statutory duty to protect personal rights or property rights in an emergency, but the administrative agency fails to perform, the time limit for administrative reconsideration application shall not be limited by the preceding paragraph.

Article 25If the administrative actions taken by administrative agencies may have an adverse impact on the rights and obligations of citizens, legal persons or other organizations, they shall be informed of their right to apply for administrative reconsideration, the administrative reconsideration authority and the time limit for administrative reconsideration application.

Article 26If the administrative agency fails to notify citizens, legal persons or other organizations to first apply for administrative reconsideration to the administrative review authority in accordance with Article 23 of the Administrative Reconsideration Law, and citizens, legal persons or other organizations directly file an administrative lawsuit with the People's Court without administrative review, the period from the date when the citizen, legal person or other organization files an administrative lawsuit to the date when the People's Court's ruling rejecting the lawsuit is served shall not be included in the administrative review application period.

Article 27Citizens, legal persons or other organizations that apply for administrative reconsideration in writing shall state the following matters in the administrative reconsideration application, sign, seal or fingerprint them, and submit identification materials:

(1) The applicant’s basic information, including the citizen’s name, gender, ID number, residence, delivery address, and contact information; the name of the legal person or other organization, unified social credit code, residence, delivery address, contact information, and the name and position of the legal representative or principal responsible person;

(2) The name of the respondent;

(3) Administrative reconsideration request, main facts and reasons for applying for administrative reconsideration;

(4) Date of application for administrative review.

If a legal representative or authorized agent applies for administrative reconsideration on his or her behalf, the basic information of the legal representative or authorized agent shall be stated in the application for administrative review, and materials such as identity certificate and agency authority certificate shall be submitted.

Article 28If the applicant applies for administrative reconsideration through the Internet channel designated by the administrative reconsideration authority, the date when the administrative review application materials arrive at the specific system shall be the date when the administrative reconsideration authority receives the administrative reconsideration application.

If the application materials submitted by the applicant through Internet channels meet statutory requirements, the administrative review authority shall not require additional paper materials.

Article 29If the applicant lists the wrong respondent when applying for administrative review, the administrative review agency shall notify the applicant to change the respondent. If the applicant does not agree to the change or the listed respondent still does not meet the regulations after the change, the administrative review authority will decide not to accept the application and explain the reasons.

Article 30The administrative agency's failure to perform statutory duties as stipulated in Article 23, Paragraph 1, Item 3 of the Administrative Reconsideration Law refers to the applicant's application to the administrative agency to perform the corresponding statutory duties, and the administrative agency fails to accept the application within the statutory time limit, fails to respond after acceptance, or fails to perform the corresponding statutory duties as stipulated in Article 11, Item 3, 11, 12, and 14 of the Administrative Reconsideration Law.

If the administrative agency clearly replies that it will not accept the application, expressly refuses to perform, or does not perform completely, it does not fall into the failure of the administrative agency to perform its statutory duties as stipulated in Article 23, Paragraph 1, Item 3 of the Administrative Reconsideration Law.

Article 31If the administrative agency believes that the government information applied for disclosure falls under the circumstances specified in Articles 14, 15, and 16 of the "Regulations of the People's Republic of China on Disclosure of Government Information" and is dissatisfied with the decision not to disclose all or part of it, it must first apply for administrative review to the administrative review agency in accordance with the provisions of Article 23 of the Administrative Review Law. If it is dissatisfied with the administrative review decision, it may file an administrative lawsuit with the People's Court in accordance with the law.

Section 4 Jurisdiction over Administrative Reconsideration

Article 32If you are dissatisfied with the administrative actions jointly taken by two or more departments of the State Council, you may apply for administrative reconsideration to any of the departments of the State Council in accordance with the provisions of Article 25 of the Administrative Reconsideration Law, and the departments of the State Council that made the administrative actions will jointly make an administrative reconsideration decision.

If you are dissatisfied with the administrative actions jointly made by administrative agencies with vertical leadership, such as customs, finance, foreign exchange management, taxation agencies, national security agencies and other administrative agencies, you may apply for administrative review to one of the administrative review agencies with jurisdiction, and the administrative review agency with jurisdiction will jointly make an administrative review decision.

Article 33If you are dissatisfied with the administrative actions made in your own name by an internal agency established by an administrative agency authorized by laws, regulations, and rules, you may apply for administrative reconsideration to the administrative agency that established the agency; if the administrative agency does not have administrative reconsideration responsibilities, you may apply for administrative reconsideration to the administrative reconsideration agency that has jurisdiction over the administrative agency.

Chapter 3 Administrative Reconsideration Acceptance

Article 34Citizens, legal persons or other organizations that believe that the administrative actions of administrative agencies infringe upon their legitimate rights and interests file an application for administrative review. Unless the application does not meet the acceptance conditions stipulated in the Administrative Review Law and these Regulations, the administrative review agency must accept the application.

Article 35The applicants specified in Item 2 of Article 30, Paragraph 1 of the Administrative Reconsideration Law, who have an interest in the administrative act subject to administrative review include the following circumstances:

(1) The administrative action involves the applicant’s neighboring rights;

(2) Administrative actions affect the applicant’s fair participation in competition;

(3) The cancellation or change of administrative actions infringes upon the applicant's legitimate rights and interests;

(4) In order to protect their legitimate rights and interests, the applicant applies to the administrative agency with the responsibility to investigate and deal with illegal acts, and the administrative agency makes or fails to deal with it;

(5) Other situations that are of interest to administrative actions.

Article 36If citizens, legal persons or other organizations apply for administrative reconsideration on the following matters, the administrative reconsideration authority will not accept the application:

(1) The handling of criminal cases and execution of penalties by public security, national security, penalty execution and other agencies;

(2) Administrative guidance actions implemented by administrative agencies;

(3) Process behaviors such as demonstration, request for instructions, and consultation carried out by administrative agencies to make administrative actions;

(4) Higher-level administrative agencies supervise law enforcement and supervise the performance of responsibilities by lower-level administrative agencies;

(5) The registration, acceptance, assignment, transfer, review, and reexamination of letters and calls by administrative agencies.

Article 37If an administrative review application falls under any of the following circumstances and the administrative review authority has accepted it, it shall decide to reject the administrative review application:

(1) The request for administrative review obviously lacks factual and legal basis, and after explanation, the applicant still insists on applying for administrative review;

(2) The legal duties or payment obligations requested by the applicant obviously do not fall within the scope of authority of the administrative agency;

(3) The legal effect of the administrative actions involved in the administrative review application submitted by the applicant has been confirmed by the People's Court's effective judgment and mediation letter.

If the applicant does not have new facts and reasons and applies for administrative reconsideration again on the same matter, the administrative reconsideration authority will inform the applicant that it will no longer be processed and record it in the record.

Article 38After receiving the administrative review application submitted by the applicant in accordance with the provisions of Article 32 of the Administrative Review Law, the administrative agency that makes the administrative penalty decision believes that the administrative penalty decision is illegal or inappropriate and needs to be corrected on its own. It shall correct the decision by revoking or changing the administrative penalty decision within 5 working days from the date of receipt of the administrative review application in accordance with legal procedures, and notify the applicant and the administrative review agency of the relevant situation.

After the administrative agency makes corrections on its own, if the applicant still insists on applying for administrative reconsideration of the original administrative penalty decision, the administrative agency shall inform the applicant to apply for administrative reconsideration to the administrative review agency with jurisdiction. The period from the date when the applicant submits an application for administrative reconsideration to the administrative agency to the date when the administrative agency notifies the applicant of the relevant situation will not be included in the administrative review application period.

Chapter 4 Administrative Reconsideration Trial

Section 1 General Provisions

Article 39When an administrative review organ hears an administrative review case, more than two administrative review personnel shall participate. If the simplified procedure applies, it may be heard by one administrative reconsideration personnel.

Article 40If the administrative reconsideration authority at a higher level considers an administrative reconsideration case under the jurisdiction of the administrative reconsideration authority at a lower level to fall under one of the following circumstances, it may decide to escalate the case to a higher level for trial:

(1) Involving major social and public interests or having a major impact;

(2) It is a new type of case, and the case is serious, difficult, and complex;

(3) It has guiding significance for the application of law;

(4) Other circumstances where it is truly necessary to escalate the case to a higher level for trial.

If a lower-level administrative review agency considers that an administrative review case under its jurisdiction meets the circumstances specified in the preceding paragraph and needs to be heard by the higher-level administrative review agency, it may submit the case to the higher-level administrative review agency for a decision. The period for submitting the case to a higher level for review will not be included in the time limit for handling the administrative review case.

If the higher-level administrative review agency decides to upgrade the case for trial, it shall notify the lower-level administrative review agency to transfer the case materials within 5 working days and notify the parties in writing. The time limit for administrative reconsideration shall be recalculated from the date when the superior administrative reconsideration authority receives the case materials.

Article 41When the respondent submits a written reply, it shall explain the relevant facts and reasons regarding the legality and appropriateness of the administrative action and the applicant's request for administrative reconsideration.

Article 42For cases applying for administrative reconsideration at the original level in accordance with the provisions of Paragraph 2 of Article 24 and Paragraph 1 of Article 25 of the Administrative Reconsideration Law, the department or agency that originally handled matters related to administrative actions shall submit a written reply and submit the evidence, basis and other relevant materials for the administrative action.

Article 43If administrative review cases arising out of the same administrative act or similar administrative acts fall into any of the following circumstances, the administrative review authority may decide to merge them for trial:

(1) Two or more administrative agencies respectively take administrative actions regarding the same fact, and citizens, legal persons or other organizations are dissatisfied and apply for administrative review to the same administrative review agency;

(2) The administrative agency takes administrative actions against multiple citizens, legal persons or other organizations based on the same fact. If the citizens, legal persons or other organizations are dissatisfied, they apply for administrative reconsideration to the same administrative review agency;

(3) During the administrative review period, the respondent takes new administrative actions against the applicant, and the applicant is dissatisfied and applies for administrative review to the same administrative review agency;

(4) Other circumstances that the administrative reconsideration authority deems can be combined for trial.

For cases that are decided to be tried together, the administrative review authority may combine them and make an administrative review decision.

Section 2 Evidence for Administrative Review

Article 44If the administrative review agency deems it necessary, it may question the parties and other relevant persons face-to-face about the relevant facts of the case.

Article 45If on-site inspection is required during the administrative reconsideration period, relevant units and personnel shall cooperate, and the time spent on on-site inspection shall not be included in the administrative reconsideration trial period.

Article 46If special matters need to be appraised during the administrative review period, the parties concerned may apply to the administrative review agency to entrust an appraisal agency to conduct the appraisal. If the administrative reconsideration agency reviews and agrees, the parties will be organized to negotiate to determine an appraisal agency with corresponding qualifications; if the negotiation fails, the administrative reconsideration agency will designate it. The appraisal costs shall be borne by the parties involved. The time spent on appraisal is not included in the time limit for administrative reconsideration.

Article 47If the respondent has evidence to prove that it has required the applicant or a third party to provide evidence in accordance with the law during the administrative procedure, but the applicant or the third party has not provided evidence without justifiable reasons, the administrative review authority will not accept the evidence provided during the administrative review procedure.

Article 48The parties' approval of the negotiation conditions, plans, etc. during the mediation process shall not be used as evidence against them in the subsequent trial of administrative reconsideration cases.

Article 49The administrative review authority shall provide necessary conditions for applicants, third parties and their authorized agents to review and copy relevant materials.

Section 3 Administrative Reconsideration Procedures

Article 50The administrative reconsideration committee of the local people's government at or above the county level is composed of relevant departments, experts, scholars, etc. of the people's government at the same level. It may have a director and deputy director, who are served by the person in charge of the people's government at the same level and the administrative reconsideration agency at the same level.

Departments under the State Council may establish administrative review committees based on the actual circumstances of administrative review work.

Article 51The Administrative Review Committee performs relevant duties by convening plenary meetings of the Administrative Review Committee and case consultation meetings.

Article 52For administrative reconsideration cases that require the Administrative Reconsideration Committee to issue advisory opinions, when the administrative reconsideration agency reports to the administrative review authority to issue an administrative reconsideration decision, it shall attach the Administrative Reconsideration Committee's advisory opinions and explain the adoption of the Administrative Reconsideration Committee's advisory opinions; if it does not adopt the Administrative Reconsideration Committee's advisory opinions, it shall explain the reasons.

Article 53If the applicant does not know the normative documents on which the administrative action is based when applying for administrative review of an administrative action, he may apply to the administrative review authority for incidental review of the normative document before the administrative review authority makes an administrative review decision.

The time limit specified in Articles 56 and 57 of the Administrative Reconsideration Law shall be calculated from the date of suspension of administrative review.

Article 54The normative documents specified in Article 59 of the Administrative Reconsideration Law or the relevant clauses based on them exceed the authority or violate higher-level laws, including the following situations:

(1) Exceeding the statutory authority of the enacting authority or exceeding the scope of authorization of laws, regulations, and rules;

(2) Conflict with the provisions of laws, regulations, rules and other superior laws;

(3) Without the basis of laws, regulations and rules, illegally increasing the obligations of citizens, legal persons and other organizations or diminishing the legitimate rights and interests of citizens, legal persons and other organizations;

(4) Other violations of laws, regulations and rules.

Chapter 5 Administrative Review Decisions

Article 55The content stipulated in Article 63, Paragraph 1, Item 1 of the Administrative Reconsideration Law inappropriately includes the following situations:

(1) Contrary to the purpose of administrative management;

(2) Exceeding necessary limits;

(3) Unequal treatment of parties in the same situation;

(4) Other inappropriate situations.

Article 56The basis for incorrect application of the provisions of Article 63, Paragraph 1, Item 2 of the Administrative Reconsideration Law includes the following situations:

(1) Wrong application of specific provisions;

(2) The basis with a higher legal level should be applied, and the basis with a lower legal level should be applied;

(3) Special provisions should apply and general provisions should apply;

(4) Multiple bases should be applied, but only some of the bases should be applied;

(5) There is no clear basis for application;

(6) Other situations where the basis is not applied correctly.

Article 57The illegal basis for application of Article 64, Paragraph 1, Item 3 of the Administrative Reconsideration Law includes the following situations:

(1) The applicable basis has not yet taken effect;

(2) The applicable basis exceeds the authority of the enacting subject;

(3) The applicable basis violates the provisions of superior law;

(4) Other situations where the applicable basis is illegal.

If the basis for the application of an administrative action is illegal, but there is a legal basis for the application and it complies with the circumstances stipulated in Article 63 of the Administrative Review Law, the administrative review authority may make a change decision.

Article 58If the administrative review organ orders the respondent to re-take administrative action in accordance with the provisions of Article 64, Paragraph 1 of the Administrative Reconsideration Law, the respondent shall re-take administrative action within the time limit specified by laws, regulations, and rules; if the time limit is not specified in laws, regulations, and rules, the time limit for re-taking administrative action shall be 60 days.

If a citizen, legal person or other organization is dissatisfied with the administrative action taken by the respondent, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

If an administrative agency violates the provisions of Paragraph 2 of Article 64 of the Administrative Reconsideration Law and re-takes an administrative action that is the same or substantially the same as the original administrative action based on the same facts and reasons, the administrative review agency shall decide to revoke or partially revoke the administrative action and order the respondent to re-take the administrative action within a certain period of time.

Article 59Minor procedural violations stipulated in Article 65, Paragraph 1, Item 2 of the Administrative Reconsideration Law include the following circumstances that have no actual impact on the important procedural rights such as statement and defense enjoyed by the applicant in accordance with the law:

(1) The processing period is slightly illegal;

(2) Notification, service and other procedures are slightly illegal;

(3) Other minor procedural violations.

Article 60The serious and obvious violations stipulated in Article 67 of the Administrative Reconsideration Law include the following situations:

(1) The subject performing administrative actions does not have the qualifications as an administrative subject;

(2) Administrative actions that increase obligations or diminish rights have no basis in laws, regulations, or rules;

(3) The content of the administrative act is objectively impossible to implement;

(4) Other serious and obvious illegal situations.

Article 61Under any of the following circumstances, the administrative review authority shall decide to reject the applicant’s request for administrative review:

(1) The applicant applies for confirmation of the invalidity of an administrative act. After accepting the application, the administrative review authority finds that the administrative act is not invalid. After explanation, the applicant refuses to change the administrative review request;

(2) The applicant believes that the respondent has failed to perform its statutory duties and applies for administrative reconsideration. After accepting the application, the administrative review authority finds that the respondent is objectively unable to perform its statutory duties due to legitimate reasons such as force majeure;

(3) The administrative act subject to administrative review should be changed in accordance with the law, but the change is more detrimental to the applicant.

In the case of item 3 of the preceding paragraph, this shall be excepted if the third party makes a contrary request.

Article 62The administrative review authority hears administrative agreement review cases and makes the following decisions based on the circumstances stipulated in Article 71 of the Administrative Review Law:

(1) Order the respondent to enter into an administrative agreement in accordance with the law;

(2) Order the respondent to perform its obligations in accordance with the law or in accordance with the administrative agreement;

(3) Cancel the respondent’s administrative act of changing or canceling the administrative agreement, or confirm that the administrative act is illegal;

(4) Cancellation and termination of administrative agreements;

(5) Order the respondent to take remedial measures, compensate for losses, or provide reasonable compensation in accordance with the law.

Article 63When the administrative review authority hears administrative compensation review cases, if compensation is due and the method of compensation can be determined, an administrative review decision with clear compensation content should be made.

If the administrative compensation decision made by an administrative agency determines the amount of compensation that is indeed wrong, the administrative review agency may make a change decision.

Article 64Under any of the following circumstances, the administrative review authority decides to reject the applicant’s request for administrative compensation:

(1) The damage claimed by the applicant has no factual basis;

(2) The damage claimed by the applicant has no causal relationship with the illegal administrative act;

(3) The applicant’s losses have been relieved through administrative compensation and other means;

(4) The respondent has corrected the original illegal administrative act on its own and at the same time has eliminated the corresponding damaging results;

(5) Other circumstances in which the applicant’s reasons for requesting administrative compensation are untenable.

Article 65After the administrative review authority makes an administrative review decision, if a citizen, legal person or other organization other than the applicant applies for administrative review on the same administrative act or the same administrative act and meets the conditions for acceptance, the administrative review authority may directly make an administrative review decision based on the content of the legally effective administrative review decision after acceptance.

The same administrative act specified in the preceding paragraph refers to the administrative act taken by the same administrative agency against multiple parties on the same fact.

Chapter Six Administrative Reconsideration Guidance and Supervision

Article 66Local people's governments at or above the county level should establish and improve the administrative review responsibility system, support and ensure that administrative review agencies perform their duties in accordance with the law, and incorporate administrative review work into the target responsibility system of the government at the same level.

The administrative reconsideration agencies of local people's governments at or above the county level shall strengthen statistical analysis of administrative reconsideration work and regularly submit administrative reconsideration work reports to the people's governments at the same level.

Article 67Local people's governments at or above the county level shall, in accordance with their responsibilities and authority, inspect the administrative reconsideration work of lower-level people's governments through regular organized inspections, spot checks, etc., and provide timely feedback on the inspection results. Major matters shall be reported in a timely manner and in accordance with relevant regulations.

Article 68Administrative reconsideration agencies shall take effective measures to support and guarantee administrative reconsideration personnel to perform their duties and handle cases in accordance with the law.

Article 69When the administrative review agency discovers common problems in the implementation of laws, regulations, rules, and normative documents during administrative review work, it may prepare administrative review proposals and make suggestions for improving the system and administrative law enforcement to relevant agencies.

Article 70Administrative review agencies at all levels should regularly provide political, theoretical and professional training to administrative review personnel to improve the capabilities and quality of administrative review personnel.

Chapter 7 Legal Liability

Article 71If the respondent fails to take new administrative actions in accordance with the requirements of the administrative reconsideration decision within the prescribed time limit, or takes new administrative actions in violation of regulations, he shall be held legally responsible in accordance with the provisions of Article 83 of the Administrative Reconsideration Law.

Article 72Anyone who commits illegal acts such as retaliation, frame-up, insult and slander, violence, threats and intimidation, trouble and harassment against administrative review personnel and their close relatives shall be given sanctions and public security management penalties in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Article 73Strengthen the coordination of administrative review and supervision, and improve the information sharing and clue transfer mechanism.

Chapter 8 Supplementary Provisions

Article 74If citizens, legal persons or other organizations are dissatisfied with the rejection of trademark applications or patent applications by administrative agencies and apply for administrative reconsideration, they shall file a review request in accordance with the relevant provisions of the Trademark Law of the People's Republic of China and the Patent Law of the People's Republic of China.

Article 75If citizens, legal persons or other organizations are dissatisfied with the administrative actions of the Coast Guard agency, they may apply for administrative reconsideration to the higher-level Coast Guard agency in accordance with the law.

Article 76When hearing administrative review cases, the administrative review agency shall refer to the administrative review guiding cases issued by the administrative review agency of the State Council.

Article 77These regulations will come into effect on July 1, 2026.

Article source | China Government Network