mineral resources

Core tips

On July 1, 2026, the "Regulations on the Implementation of the Administrative Reconsideration Law" officially came into effect. The new regulations improve the reconsideration procedure, broaden the scope of cases, and provide more convenient and efficient relief channels for mining enterprises to safeguard their administrative rights.

1. Four major changes in the new regulations

Change 1: The scope of cases accepted has been greatly expanded

The new regulations clarify that mining companies can apply for administrative review for the following disputes:

• Decisions on registration, change and cancellation of mining rights
• Mining rights extension and change approval
• Administrative penalties for production safety
• Penalties for environmental violations
• Land acquisition compensation decision
• Administrative enforcement decisions

Change 2: The application period is more flexible

• Know the content of the administrative action: apply within 60 days (unchanged)
• Don’t know the content: The longest period shall not exceed 1 year from the date of knowing.
• Involving real estate: maximum period of 20 years (major changes)

Change 3: Improvement of reconsideration efficiency

• Trial period: In principle, a decision will be made within 60 days (can be extended by no more than 30 days)
• Simplified procedure: cases with clear facts and clear rights and obligations will be concluded within 30 days
• Material correction: inform once to avoid repeated corrections

Change 4: Implementation of convenience measures

• Online application: The national unified administrative review platform is online
• Apply nearby: You can apply to the reconsideration point set up in the township or street
• Free reconsideration: No fee is charged for reconsideration

2. Reconsideration vs. Litigation: How Mining Companies Choose

Advantages of administrative review:

• More efficient: 60 days vs 6 months
• Lower cost: free vs legal fees
• Stronger professionalism: most review agencies are business authorities
• Can be reviewed together: incidental review of abstract administrative acts

Limitations of administrative review:

• The independence of the review body is relatively weak
• The hearing is mainly written, with limited opportunities for face-to-face presentations.
• Preliminary review of some cases

Selection suggestions:

| Case type | Suggested path ||----------|----------|| Mining rights registration disputes | Review in advance, apply for review first || Dispute over compensation amount | Double relief of review + litigation || Obvious procedural violations | Direct litigation possible || Issues left over from history | Review + negotiation in parallel |

3. Practical Points for Reconsideration Application

Materials required:

• Administrative review application form (in duplicate)
• Proof of identity of the applicant (enterprise business license + ID card of legal representative)
• Administrative action documents made by the respondent
• Evidence materials (if any)
• If entrusting an agent, provide a power of attorney

Key points for writing an application:

• Clarify the request for reconsideration (e.g. revocation of decision, change of compensation amount)
• Facts should be stated clearly (time, place, process)
• The legal basis must be accurate (cite specific legal provisions)
• The rationale should be strong (why the original decision was illegal or inappropriate)

4. Common misunderstandings and risk warnings

Misunderstanding 1: You can still apply after the deadlineApplications that exceed the 60-day deadline will not be accepted unless there are legitimate reasons such as force majeure.

Misunderstanding 2: Stop execution during review periodThe principle is that execution will not be suspended, and may only be suspended under certain circumstances (for example, if failure to stop execution will cause irreparable losses).

Misunderstanding 3: The review authority will be impartialThe reconsideration authority may seek a balance between error correction and maintenance, and companies must be prepared for both.

Risk warning:

• After the reconsideration application is rejected, you can still file a lawsuit
• Reconsideration and litigation cannot be conducted at the same time
• Once the reconsideration decision is signed, it will take effect if no prosecution is filed within 15 days.

Conclusion

The implementation of the Implementation Regulations of the Administrative Reconsideration Law provides a more convenient way for mining enterprises to safeguard their administrative rights. When enterprises encounter administrative disputes, they may wish to use reconsideration as the first choice of relief methods to protect their rights and interests at lower costs and with higher efficiency.

If you are encountering an administrative dispute, or have received an administrative penalty decision and do not know how to respond, you are welcome to contact Beijing Yanting Law Firm, where professional lawyers will evaluate the best way to protect your rights.

Beijing Yingting Law Firm | Lawyer Liu Jingzhu