Legal information

First, let’s explain what adverse administrative action is. It is a decision made by an administrative agency that is unfavorable to the parties concerned. For example, fines, license revocation, forced allocation, demolition of illegal buildings, administrative inaction, etc., are all typical administrative actions that are detrimental to the parties concerned. If the parties concerned are dissatisfied with these decisions, they can apply for administrative reconsideration. However, the enterprise has a 60-day application statute of limitations, which is calculated from the date of becoming aware of the administrative action. Here’s the question: If you don’t know when the decision was made, how do you determine the starting point?

What exactly does the “three notifications” refer to?

The "three notifications" mentioned in the new regulations refer to three things that administrative agencies must inform the parties when taking adverse administrative actions: first, inform the parties of the content of the administrative action; second, inform the parties of the channels and deadlines for applying for administrative reconsideration; third, if the parties request a hearing or statement of defence, they must inform the relevant rights. These three pieces of information are indispensable. The administrative agency cannot just hand you a penalty decision and then say nothing. In particular, the channels and deadlines for applying for administrative reconsideration must be clearly stated in the document. Some administrative agencies' documents in the past only said "you can apply for administrative review in accordance with the law", but did not clearly state which agency you should apply to and how long you should apply within. This will no longer be possible in the future.

Consequences of failure to notify - suspension of statute of limitations

This is an important highlight of the new regulations. If the administrative agency fails to fulfill its notification obligation, causing the party concerned to not know that he or she can apply for administrative reconsideration, or does not know within what period to apply for administrative review, then the period from the date the party becomes aware of the administrative action to the date the administrative agency actually notifies it will not be included in the application period for administrative reconsideration. In other words, the statute of limitations calculation must be "suspended" and resumed after notification. This is a great protection for businesses. There has been a situation like this before: the administrative agency document was issued and the parties signed for it, but they did not know what was written on it and could apply for administrative review. By the time they got a response and applied, it had already expired. Such unjust cases can be avoided in the future.

What should you pay attention to when applying for administrative review?

Here we would also like to remind friends who apply for administrative reconsideration: Although the law provides protection for the suspension of statute of limitations, if the administrative agency fails to fulfill its notification obligation, it is best to proactively explain this issue in the reconsideration application and provide corresponding evidence materials. For example, you need to prove when and how you learned about this administrative action, and when the administrative agency officially informed you. Making these situations clear will help the reconsideration authority accurately determine whether the statute of limitations has been suspended and whether the application for reconsideration is within the statutory time limit. Don’t give up just because you think the statute of limitations is complicated. If necessary, you can also consult a lawyer to explain the situation clearly.

[Lawyer Yingting’s conclusion]

To sum up, the "three notifications" system is a thoughtful design given to our enterprises by this new regulation. Its core spirit is that administrative agencies cannot just make decisions, but must also ensure that the parties involved know the decision, understand the decision, and understand what remedies they have. This is not only a requirement of procedural justice, but also a practical measure to protect citizens’ rights and interests.