Implementation Regulations of the Administrative Reconsideration Law of the People's Republic of China (Revised in 2026)

Implementation Regulations of the Administrative Reconsideration Law of the People's Republic of China (Revised in 2026)
Implementation Regulations of the Administrative Reconsideration Law of the People's Republic of China (Revised in 2026)

Order of the State Council of the People's Republic of China No. 836

April 29, 2026

The Implementation Regulations of the Administrative Reconsideration Law of the People's Republic of China, revised and adopted at the 83rd executive meeting of the State Council on April 17, 2026, are hereby issued with effect as of July 1, 2026.

Li Qiang, Premier

Implementation Regulations of the Administrative Reconsideration Law of the People's Republic of China (Revised in 2026)

(Issued by Order of the State Council of the People's Republic of China No. 499 on May 29, 2007, and revised by Order of the State Council of the People's Republic of China No. 836 on April 29, 2026)

Chapter I General Provisions

Article 1 The 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 2 Administrative reconsideration authorities shall comprehensively review the legality and appropriateness of administrative acts, protect the legitimate rights and interests of citizens, legal persons, and other organizations, supervise and ensure the exercise by administrative authorities of their respective functions and powers in accordance with the law, promote the substantive resolution of administrative disputes, and help prevent and reduce administrative disputes from the source.

Article 3 Administrative reconsideration authorities at all levels shall earnestly fulfill their respective responsibilities for administrative reconsideration, lead and support their respective administrative reconsideration institutions in handling administrative reconsideration matters in accordance with the law, allocate, reinforce, and redistribute full-time administrative reconsideration personnel as per relevant provisions, and ensure that the case-handling capacity of administrative reconsideration institutions is commensurate with their respective work tasks.

Article 4 An administrative reconsideration institution shall perform the following duties in accordance with the Administrative Reconsideration Law and the Regulations:
(1) Accept applications for administrative reconsideration;
(2) Organize and conduct mediation in administrative reconsideration;
(3) Hear administrative reconsideration cases and draft administrative reconsideration decisions;
(4) Handle the incidental review matters stipulated in Articles 56 and 57 of the Administrative Reconsideration Law;
(5) Handle such matters as administrative compensation stipulated in Article 72 of the Administrative Reconsideration Law;
(6) Within its functions and powers, guide and supervise lower-level administrative reconsideration institutions to fulfill their respective administrative reconsideration duties in accordance with the law;
(7) Within its functions and powers, urge the respondent and other relevant administrative authorities to implement administrative reconsideration decision, mediation document, and opinion document in accordance with the law;
(8) Handle the statistics of administrative reconsideration cases and the matters of serving copies of administrative reconsideration decisions;
(9) Research the issues found in administrative reconsideration, promptly propose improvement suggestions to the relevant authorities, and report major issues to the administrative reconsideration authority in a timely manner; and
(10) Other matters stipulated in laws and regulations.

Article 5 Administrative reconsideration personnel shall possess the political and professional competence as well as the moral integrity commensurate with the performance of their respective administrative reconsideration duties.

Article 6 Administrative reconsideration authorities shall strengthen the work on mediation in administrative reconsideration, support and ensure that administrative reconsideration institutions carry out mediation in accordance with the law, and relevant administrative authorities shall provide cooperation.

Article 7 Administrative reconsideration authorities shall enhance the standardization of administrative reconsideration, improving the standardization of administrative reconsideration processes and guarantees. Specific norms shall be formulated by the administrative reconsideration institution of the State Council in conjunction with relevant authorities of the State Council.

Article 8 The administrative reconsideration institution of the State Council shall provide convenience for citizens, legal persons, or other organizations to apply for and participate in administrative reconsideration through a unified information platform for administrative reconsideration, improving the quality and efficiency of administrative reconsideration.
Administrative reconsideration activities conducted online through information network platforms shall have the same legal effect as those conducted offline.

Chapter II Application for Administrative Reconsideration

Section 1 Scope of Administrative Reconsideration

Article 9 The scope of administrative reconsideration as stipulated in Item 15 of Article 11 of the Administrative Reconsideration Law shall include the following circumstances:
(1) Dissatisfaction with the decision made by an administrative authority to include an entity in the list of seriously dishonest entities or with the imposition of disciplinary measures for dishonesty;
(2) Dissatisfaction with the decision made by an education administrative authority regarding an appeal against the expulsion and withdrawal decision of a school;
(3) Dissatisfaction with the act of a degree-awarding institution in refusing to accept an application for a degree, declining to award a degree, or revoking a degree;
(4) Dissatisfaction with the decision made by an administrative authority regarding disciplinary violations of a candidate in the recruitment process for civil servants or staff members managed by reference to the Civil Servant Law; and
(5) The belief that other administrative acts of an administrative authority infringe upon its legitimate rights and interests.

Article 10 Administrative agreements as stipulated in Item 13 of Article 11 of the Administrative Reconsideration Law shall include the following agreements:
(1) Government franchise agreements;
(2) Agreements on compensation for the requisition of land and housing;
(3) Agreements on the leasing and sale of affordable housing funded by the government;
(4) Medical security service agreements; and
(5) Other administrative agreements.

Section 2 Participants in Administrative Reconsideration

Article 11 For the purposes of the Administrative Reconsideration Law and the Regulations, close relatives include spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren, maternal grandchildren, and other relatives with whom there is a relationship of support or maintenance.

Article 12 If an individual business applies for administrative reconsideration, the applicant shall be the operator registered on the business license.
If a rural contract management household applies for administrative reconsideration, the applicant shall be the person recorded on the certificates such as the land contract management right certificate, the person who signed the contract, or a member representative elected by all members of the household.

Article 13 If a partnership applies for administrative reconsideration, the applicant shall be the enterprise registered in accordance with the law, and the partner executing partnership affairs shall represent the enterprise in the administrative reconsideration process; if any other partnership organization applies for administrative reconsideration, all partners shall jointly submit the application.
If any other organization (other than those specified in the preceding paragraph) that does not have legal person status applies for administrative reconsideration, the main responsible person of the organization shall represent the organization in the administrative reconsideration process; in the absence of the main responsible person, a member representative elected by all members shall represent the organization in the administrative reconsideration process.

Article 14 If the shareholders' meeting or board of directors of a company believes that an administrative act taken by an administrative authority infringes upon the legitimate rights and interests of the company, it may apply for administrative reconsideration in the name of the company.

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

Article 16 If an owners' committee believes that an administrative act taken by an administrative authority infringes upon the common interests of owners, it may apply for administrative reconsideration in its own name.
If the owners' committee does not apply for administrative reconsideration or if no owners' committee has been established, owners whose exclusive portions account for more than half of the total building area or who account for more than half of the total number of households may apply for administrative reconsideration in their own names.

Article 17 If there are more than ten applicants in the same administrative reconsideration case, two to five representatives shall be elected to participate in the administrative reconsideration.
When the applicants elect representatives, they shall submit an election letter signed, sealed, or fingerprinted by all applicants applying to the administrative reconsideration authority.
If there are more than ten third parties, representatives may be elected in accordance with the provisions of the previous two paragraphs.

Article 18 Other agents as stipulated in Paragraph 1 of Article 17 of the Administrative Reconsideration Law shall include close relatives and staff members of the applicant or third party.
The respondent shall designate one to two staff members as agents to participate in the administrative reconsideration and shall not only entrust lawyers to act as agents.

Article 19 If an administrative reconsideration applicant who meets the conditions for legal aid applies for legal aid, the application shall be submitted to the legal aid institution located at the place where the administrative reconsideration institution is located or where the administrative dispute occurred.

Article 20 If an administrative authority and an organization authorized by laws, regulations, or rules jointly perform the same administrative act under a common name, the administrative authority and the authorized organization that jointly performed the administrative act shall be joint respondents.
If an administrative authority and any other organization jointly perform the same administrative act under a common name, the administrative authority shall be the respondent, and the other organization may participate as a third party in the administrative reconsideration.

Article 21 If a local office, internal institution, or other organization established by an administrative authority performs an administrative act in its own name without authorization from laws, regulations, or rules, the administrative authority shall be the respondent.

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

Section III Submission of Applications

Article 23 The time limit for applying for administrative reconsideration as stipulated in Paragraph 1 of Article 20 of the Administrative Reconsideration Law shall be calculated in accordance with the following provisions:
(1) If an administrative act is performed on the spot, the time limit shall be calculated from the date on which the administrative act was performed;
(2) If a legal document specifying an administrative act is delivered directly, the time limit shall be calculated from the date on which the recipient signs for or refuses to sign for the document;
(3) If a legal document specifying an administrative act is sent by mail, the time limit shall be calculated from the date on which the recipient signs for the mail upon its receipt.
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