Measures for administrative reconsideration of housing and urban and rural construction of Anhui Bidding Association:
Chapter I General Provisions
Article 1 In order to standardize the administrative reconsideration of housing and urban and rural construction, prevent and correct illegal or improper administrative acts, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these Measures are formulated in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Administrative Reconsideration Law of People's Republic of China (PRC).
Article 2 These Measures shall apply to citizens, legal persons and other organizations (hereinafter referred to as applicants) who apply for administrative reconsideration to the administrative reconsideration organ of housing and urban and rural construction according to law.
Article 3 The administrative reconsideration organ shall earnestly perform the duties of administrative reconsideration, follow the principles of legality, fairness, openness, timeliness and convenience, insist on correcting mistakes and ensure the correct implementation of laws, regulations and rules.
The administrative reconsideration organ shall, in accordance with the relevant provisions, be equipped with full-time administrative reconsideration personnel to provide the necessary material and financial guarantee for the administrative reconsideration work.
Article 4 As an administrative reconsideration institution, the institution responsible for legal affairs of the administrative reconsideration organ shall handle administrative reconsideration matters and perform the following duties:
(1) Accepting applications for administrative reconsideration;
(two) to investigate and collect evidence from relevant organizations and personnel, consult documents and materials, and organize administrative reconsideration hearings;
(three) notify the third person to participate in the administrative reconsideration;
(four) to preside over the mediation of administrative reconsideration and review the settlement agreement of administrative reconsideration;
(five) to examine whether the administrative act of applying for administrative reconsideration is legal and appropriate, put forward suggestions for handling, and formulate the decision of administrative reconsideration;
(six) other duties as prescribed by laws, regulations and rules.
Article 5 The administrative reconsideration organ may, according to the needs of administrative reconsideration, set up an administrative reconsideration committee, whose main duties are:
(1) Formulating rules and procedures for administrative reconsideration;
(two) to put forward opinions on handling major, complicated and difficult cases of administrative reconsideration;
(three) to review the normative documents involving administrative reconsideration that have the right to handle;
(four) other major administrative reconsideration matters that need to be decided.
Article 6 Full-time administrative reconsideration personnel shall have moral character, professional knowledge and professional ability suitable for performing administrative reconsideration duties, and participate in professional training regularly.
Seventh the State Council urban housing and urban construction departments to guide the national administrative reconsideration of housing and urban construction.
The competent departments of housing and urban construction of local people's governments at or above the county level shall guide the administrative reconsideration of housing and urban construction within their respective administrative areas.
Eighth administrative reconsideration organs at all levels shall regularly summarize the administrative reconsideration work, and commend and reward the units and individuals that have made remarkable achievements in the administrative reconsideration work in accordance with the relevant provisions.
Chapter II Application for Administrative Reconsideration
Article 9 In any of the following circumstances, the applicant may file an application for administrative reconsideration with the administrative reconsideration organ of housing and urban and rural construction according to law:
(1) Refusing to accept the warning, fine, confiscation of illegal income, confiscation of illegal buildings, structures and other facilities made by the competent department of housing and urban-rural construction of the people's government at or above the county level, ordering to suspend business for rectification, ordering to stop practicing, lowering the qualification level, revoking the qualification certificate, and revoking the practice qualification certificate and other permits and licenses;
(2) Refusing to accept the decision made by the competent department of housing and urban-rural construction of the people's government at or above the county level to dismantle illegal buildings, structures, facilities and other administrative compulsory acts related to housing and urban-rural construction;
(3) Being dissatisfied with the administrative licensing decision made by the competent department of housing and urban and rural construction of the people's government at or above the county level and the decision to change, extend, suspend, cancel, withdraw or cancel the administrative license;
(four) to apply to the competent department of housing and urban construction of the people's government at or above the county level to perform the statutory duties stipulated by laws, regulations and rules, but think that the competent department of housing and urban construction of the people's government at or above the county level has not performed it according to law;
(five) the competent department of housing and urban construction of the people's government at or above the county level illegally requires other obligations;
(six) other specific administrative acts that the competent department of housing and urban construction of the people's government at or above the county level considers to infringe upon their legitimate rights and interests.
Tenth in any of the following circumstances, the applicant applies for administrative reconsideration, and the administrative reconsideration organ shall not accept it:
(a) refuses to accept the relevant decisions made by the competent department of housing and urban and rural construction of the people's government at or above the county level, or thinks that the competent department of housing and urban and rural construction should perform administrative sanctions, personnel appointment and dismissal and other related duties according to law;
(two) refuses to accept the handling opinions, review opinions, review opinions and no longer accept the decision made by the competent department of housing and urban-rural construction of the people's government at or above the county level according to the regulations on letters and visits;
(three) the normative documents formulated by the competent department of housing and urban construction of the people's government at or above the county level, as well as the administrative mediation behavior, administrative reconciliation behavior and administrative reconsideration decision;
(four) in the name of applying for administrative reconsideration, to the administrative reconsideration organ for criticism, opinions, suggestions, reports, exposures, complaints and other petition requests;
(five) the applicant has filed an application for administrative reconsideration with other administrative reconsideration organs that have the right to accept the same matter, or the people's court has registered the matter;
(six) the administrative act under reconsideration has been bound by the validity of other effective legal documents;
(seven) other circumstances stipulated by laws and regulations that should not be included in the scope of administrative reconsideration.
Article 11 Where an applicant applies for administrative reconsideration in writing, he may submit an application for administrative reconsideration and related materials to the administrative reconsideration organ by means of face-to-face submission or mailing. If it is really difficult to apply in writing, you can apply orally, which will be recorded by the administrative reconsideration organ and confirmed by the applicant's signature or seal. Conditional administrative reconsideration organs can provide relevant services for online application for administrative reconsideration.
If the applicant refuses to accept more than two administrative acts made by the competent department of housing and urban construction of the people's government at or above the county level, he shall apply for administrative reconsideration respectively.
Article 12 An applicant who applies for administrative reconsideration in writing shall submit an original and a copy of the application for administrative reconsideration. The application for reconsideration shall contain the following contents:
(1) The name and address of the applicant;
(2) The name and address of the respondent;
(3) Requests for administrative reconsideration;
(four) the main facts and reasons (including the time of knowing the administrative act);
(five) the date of filing the application for administrative reconsideration.
The application for reconsideration shall be signed or sealed by the applicant or his legal representative, and the necessary evidence shall be attached. If the applicant is a natural person, a copy of the identity certificate shall be submitted; If the applicant is a legal person or other organization, it shall submit a copy of the valid business license or other valid documents, and the identity certificate of the legal representative, etc. Where the applicant authorizes the client to apply on his behalf, the legal identity certificates and power of attorney of the applicant and the client shall be submitted.
Article 13 If an applicant believes that an administrative act infringes upon his lawful rights and interests, he may apply for administrative reconsideration within 60 days from the date when he knew or should have known the administrative act; However, unless the application period prescribed by law exceeds 60 days. If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period will continue to be counted from the date when the obstacle is removed.
If the applicant believes that the administrative organ fails to perform its statutory duties, it may apply for administrative reconsideration in accordance with the provisions of the preceding paragraph after the expiration of the time limit prescribed by laws, regulations and rules; If the time limit for performance is not stipulated in the laws, regulations and rules, it may apply for administrative reconsideration in accordance with the provisions of the preceding paragraph 60 days after filing an application with the administrative organ.
If the administrative act involving real estate has been made for more than 20 years and other administrative acts have been made for more than 5 years, the administrative reconsideration organ shall not accept its application for administrative reconsideration.
Article 14 In any of the following circumstances, the applicant shall provide the corresponding certification materials:
(a) that the respondent administrative inaction, it shall provide proof that the respondent has been asked to perform legal duties and the respondent failed to perform;
(two) if the application for administrative reconsideration exceeds the time limit for administrative reconsideration stipulated in Article 13 of these Measures, it shall provide proof materials that the legal application time limit has been delayed due to force majeure or other legitimate reasons;
(three) to request administrative compensation, it shall provide proof of the damage caused by the administrative act;
(four) other circumstances that require the applicant to provide certification materials as stipulated by laws, regulations and rules.
Fifteenth other citizens, legal persons or other organizations that have an interest in the administrative act may participate in the administrative reconsideration as a third person after the written application is approved by the administrative reconsideration organ.
When the administrative reconsideration organ deems it necessary, it may also notify other citizens, legal persons or other organizations interested in the administrative act to participate in the administrative reconsideration as a third party.
If the third party does not participate in the administrative reconsideration, it will not affect the administrative reconsideration review.
Article 16 The applicant, the respondent and a third party may entrust one or two persons as reconsideration agents. The following persons may be entrusted as reconsideration agents:
(1) Lawyers and grassroots legal service workers;
(2) The applicant, a close relative of a third party or a staff member;
(3) Citizens recommended by the community, unit and relevant social organizations where the applicant and the third party belong.
Where the applicant, the respondent or a third party entrusts an agent to participate in the administrative reconsideration, it shall submit a power of attorney signed or sealed by the client to the administrative reconsideration organ, and the power of attorney shall specify the entrusted matters and specific authority; To cancel or change the entrustment, it shall notify the administrative reconsideration organ in writing.
Chapter III Acceptance of Administrative Reconsideration
Seventeenth administrative reconsideration organ shall, after receiving the application for administrative reconsideration, review it within 5 days, and decide not to accept the application for administrative reconsideration that does not meet the provisions of Article 18 of these Measures, and inform the applicant in writing; If the application for administrative reconsideration is not accepted by this organ, it shall inform the applicant to submit it to the relevant administrative reconsideration organ.
In addition to the provisions of the preceding paragraph, the application for administrative reconsideration shall be accepted as of the date of receipt by the administrative reconsideration institution.
Eighteenth applications for administrative reconsideration that meet the following conditions shall be accepted by the administrative reconsideration organ:
(1) Having a clear applicant and a qualified respondent;
(2) The applicant has an interest in the administrative act;
(three) there are specific administrative reconsideration requests and reasons;
(four) to apply within the statutory time limit;
(5) It falls within the scope of administrative reconsideration as stipulated in these Measures;
(6) Being within the scope of duties of the administrative reconsideration institution that accepts the application for administrative reconsideration;
(seven) the applicant has not filed an application for administrative reconsideration with other administrative reconsideration organs that have the right to accept the same matter, and the people's court has not registered the same matter with the applicant;
(eight) meet other conditions stipulated by laws and regulations.
Article 19 If the application materials for administrative reconsideration are incomplete or unclear, the administrative reconsideration institution may notify the applicant in writing to make corrections within 5 days from the date of receiving the application for administrative reconsideration. The notice of correction shall contain the following items:
(a) the specific contents that need to be supplemented, explained and revised in the application for administrative reconsideration;
(2) Materials and evidence that need to be corrected;
(3) A reasonable time limit for correction;
(four) the legal consequences of overdue correction.
The applicant shall submit supplementary materials according to the requirements of the supplementary notice. If the applicant fails to make corrections within the time limit without justifiable reasons, it shall be deemed as giving up the application for administrative reconsideration. If the applicant makes corrections within the time limit specified in the correction notice, or the corrected materials do not meet the requirements of the correction notice, the administrative reconsideration organ may not accept its application for administrative reconsideration.
The time required to correct the application materials is not counted in the period of administrative reconsideration.
Twentieth administrative reconsideration organs shall, within 7 days from the date of accepting the application for administrative reconsideration, issue a notice of reply to the respondent, and send a copy of the application for administrative reconsideration or a copy of the written record of the application for administrative reconsideration to the respondent. The respondent shall submit a written reply within 10 days from the date of receiving the reply notice.
Article 21 The respondent's statement of defense shall include the following contents:
Basic information of the applicant;
(two) the process of making the administrative act and the relevant information;
(3) The factual basis and relevant evidential materials of the administrative act;
(4) Defending the facts and reasons put forward by the applicant;
(five) the laws, regulations, rules and normative documents on which the administrative act is based;
(6) Time for reply.
Chapter IV Review of Administrative Reconsideration
Twenty-second cases of administrative reconsideration shall be reviewed in writing in principle. If the administrative reconsideration organ considers it necessary, or the applicant requests a hearing and is approved by the administrative reconsideration organ, it may conduct a review in the form of a hearing. The time required for hearing is not included in the administrative reconsideration hearing period.
If the administrative reconsideration organ decides to hold a hearing, it shall notify the applicant, the respondent and the third party of the time, place and specific requirements of the hearing five days before the hearing is held. If there are more than 5 applicants, 1 to 5 representatives shall be elected to attend the hearing. If the applicant fails to participate in the hearing without justifiable reasons or withdraws from the hearing without permission, it shall be deemed as giving up the right to the hearing and the hearing procedure shall be terminated; If the third party does not participate in the hearing, it will not affect the hearing; The defendant must attend the hearing.
When the administrative reconsideration organ deems it necessary, it may conduct on-the-spot investigation and verification. The units and personnel under investigation shall cooperate and shall not refuse or obstruct.
Article 23 If two or more applicants for reconsideration are dissatisfied with the administrative acts or basically the same administrative acts made by the competent departments of housing and urban and rural construction of the people's governments at or above the county level, and submit multiple applications for administrative reconsideration to the administrative reconsideration organ respectively, the administrative reconsideration organ may jointly hear them.
Twenty-fourth in the administrative reconsideration, the respondent shall bear the burden of proof for the administrative act it has made, and the evidence materials submitted by it shall be classified and numbered, and the source, object and content of the evidence materials shall be briefly explained.
Twenty-fifth administrative reconsideration organs shall review administrative reconsideration cases on the basis of the facts of the case proved by evidence. The final evidence should be legal, true and relevant.
Article 26 The administrative reconsideration organ shall examine the following items of the administrative act made by the respondent:
(a) whether it has corresponding legal responsibilities;
(two) whether the main facts are clear and the evidence is conclusive;
(3) Whether the application basis is correct;
(4) Whether it complies with legal procedures;
(five) whether to exceed or abuse their powers;
(6) Whether there is obvious misconduct.
Twenty-seventh administrative reconsideration organs shall examine the following matters in the case of administrative reconsideration in which the applicant believes that the respondent fails to perform its statutory duties:
(a) whether the applicant has asked the respondent to perform legal duties;
(two) whether the respondent has specific statutory duties clearly stipulated by laws, regulations or rules;
(three) whether the respondent explicitly refuses to perform or refuses to reply;
(four) whether it has exceeded the statutory time limit for performance;
(5) Whether the reasons given by the respondent for not being able to perform within the statutory time limit or not being able to perform in time are justified.
Twenty-eighth before the decision of administrative reconsideration is made, the applicant may withdraw the application for administrative reconsideration.
If the applicant withdraws his application for administrative reconsideration, he shall not file an application for administrative reconsideration again with the same facts and reasons. However, the applicant can prove that the withdrawal of the application for administrative reconsideration is against his true intention.
Twenty-ninth administrative reconsideration organs to suspend or resume the trial of administrative reconsideration cases, or terminate the administrative reconsideration, it shall notify the applicant, the respondent and the third party in writing.
Chapter V Decisions of Administrative Reconsideration
Article 30 If the facts of an administrative act are clearly ascertained, the evidence is conclusive, the application basis is correct, the procedure is legal and the content is appropriate, the administrative reconsideration organ shall decide to maintain it.
Thirty-first administrative acts in any of the following circumstances, the administrative reconsideration organ shall decide to cancel:
(a) the main facts are unclear and the evidence is insufficient;
(2) The application basis is wrong;
(3) Violating legal procedures;
(four) beyond or abuse of power;
(five) the administrative act is obviously improper.
Thirty-second administrative acts in any of the following circumstances, the administrative reconsideration organ may decide to change the administrative act:
(a) the facts are clear, the evidence is conclusive, and the procedure is legal, but it is obviously inappropriate or the application basis is wrong;
(two) the facts are unclear and the evidence is insufficient, and the facts are clear and the evidence is conclusive after the administrative reconsideration procedure.
Thirty-third in any of the following circumstances, the administrative reconsideration organ shall rule to reject the application for administrative reconsideration:
(a) the applicant believes that the respondent fails to perform its statutory duties and applies for administrative reconsideration, and the administrative reconsideration organ determines that the respondent has no corresponding statutory duties or has performed its statutory duties before accepting it;
(two) after accepting the application for administrative reconsideration, the administrative reconsideration organ finds that the application for administrative reconsideration does not belong to the scope of accepting cases for administrative reconsideration as stipulated in these Measures or does not meet the acceptance conditions;
(three) the administrative act under reconsideration has been bound by the effective legal documents made by the people's court or the administrative reconsideration organ;
(four) other circumstances stipulated by laws, regulations and rules.
Thirty-fourth in any of the following circumstances, the administrative reconsideration organ shall decide that the respondent shall perform its statutory duties within a certain period of time:
(1) It belongs to the legal duty of the respondent, and the respondent explicitly refuses to perform or reply;
(2) It belongs to the legal duties of the respondent, and there is a legal time limit for performance, and the respondent fails to perform it without justifiable reasons or fails to reply within the time limit;
(three) as the legal obligation of the respondent, fails to perform within 60 days after receiving the application or fails to reply without justifiable reasons.
The legal duties mentioned in the preceding paragraph refer to the duties that the competent department of housing and urban-rural construction of the people's government at or above the county level shall perform according to the clear provisions of laws, regulations or rules after receiving the applicant's application for performing his duties.
Thirty-fifth administrative acts in any of the following circumstances, the administrative reconsideration organ shall confirm the violation, but shall not revoke or change the administrative act:
(a) the administrative act shall be revoked or changed according to law, but the revocation or change of the administrative act will cause great harm to the public interests of the state and society;
(two) the administrative act procedure is slightly illegal, but it does not have a practical impact on the applicant's rights;
(three) the respondent fails to perform the statutory duties or delays the performance of the statutory duties, and it is meaningless to order the performance;
(four) the administrative act is illegal, but there is no content that can be revoked or changed;
(five) other circumstances stipulated by laws, regulations and rules.
Article 36 If the respondent changes the original administrative act during the period of reconsideration, it shall inform the administrative reconsideration organ in writing.
If the respondent changes the original administrative act and the applicant withdraws the application for administrative reconsideration, the administrative reconsideration shall be terminated if the administrative reconsideration organ agrees to withdraw it; If the applicant does not withdraw the application for administrative reconsideration, the administrative reconsideration organ shall make an administrative reconsideration decision and confirm that the original administrative act is illegal after examination; If the original administrative act is considered legal, the application for administrative reconsideration shall be rejected.
Article 37 If the administrative reconsideration organ decides to cancel the administrative act, it may order the respondent to make it again within a certain period of time. The time limit for re-undertaking an administrative act shall not exceed 60 days from the date when the administrative reconsideration decision is served, unless otherwise stipulated by laws, regulations and rules.
If the administrative reconsideration organ confirms that the administrative act is illegal, it may order the respondent to take corresponding remedial measures.
If the applicant refuses to accept the administrative act made by the administrative organ again, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 38 The administrative reconsideration organ shall not make an administrative reconsideration decision that is more unfavorable to the applicant within the scope of the applicant's request for administrative reconsideration. However, the interested parties are all applicants, unless the administrative reconsideration request is contrary.
Thirty-ninth before the decision of administrative reconsideration, the applicant and the respondent reached a settlement voluntarily according to law, and the applicant shall withdraw the application for administrative reconsideration from the administrative reconsideration organ in accordance with the provisions of these Measures. The content of the settlement shall not harm the national interests, social public interests and the legitimate rights and interests of others.
Fortieth in any of the following circumstances, the administrative reconsideration organ may mediate in accordance with the principle of voluntariness and legality:
(a) the applicant refuses to accept the administrative act made by the administrative organ in exercising the discretion prescribed by laws and regulations and applies for administrative reconsideration;
(two) administrative compensation or administrative compensation disputes between the parties.
If an agreement is reached through mediation, the administrative reconsideration organ shall make a mediation document for administrative reconsideration. The conciliation statement of administrative reconsideration shall have legal effect after being signed by both parties. Before the mediation is served, if the mediation fails to reach an agreement or one party reneges, the administrative reconsideration organ shall make an administrative reconsideration decision in time.
Article 41 If there is a clerical error in the administrative reconsideration document, the administrative reconsideration organ may correct the clerical error.
Article 42 During the period of administrative reconsideration, within 90 days from the date of making the administrative reconsideration decision, the applicant and the third party may apply to the administrative reconsideration organ for consulting the defense, evidence, basis and other relevant materials submitted by the respondent, and the administrative reconsideration organ shall not refuse it, except that it involves state secrets, commercial secrets or personal privacy. Access shall be handled in accordance with the following procedures:
(a) the applicant and the third party shall make an appointment with the administrative reconsideration organ at least five days in advance;
(two) when consulting, the applicant and the third party shall produce their identity documents, and the staff of the administrative reconsideration organ shall be present;
(three) the applicant and the third party shall not alter, damage, change, take away or add reference materials; Without the consent of the reconsideration organ, it is not allowed to copy, remake or reproduce.
Where the applicant and the third party apply to the housing and urban-rural construction department of the people's government at or above the county level for disclosure of the written reply, evidence, basis and other relevant materials made by the respondent, the housing and urban-rural construction department of the people's government at or above the county level may inform the applicant and the third party to apply for inspection in accordance with the provisions of the preceding paragraph.
If a person other than the applicant or the third party, or the applicant or the third party applies for consulting the defense, evidence, basis and other relevant materials made by the respondent within the prescribed time limit, the administrative reconsideration organ may refuse to provide them.
Article 43 The administrative reconsideration organ shall promote the informatization construction, develop the administrative reconsideration information system, and gradually realize the office automation of administrative reconsideration and the electronic filing of administrative reconsideration.
Forty-fourth administrative reconsideration cases after the review, the administrative reconsideration organ shall timely filing.
Chapter VI Supervision of Administrative Reconsideration
Article 45 The respondent shall implement the administrative reconsideration decision. If the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the administrative reconsideration organ that made the reconsideration decision may order it to perform within the prescribed time limit.
Article 46 If the applicant is ordered to make a new administrative act, the respondent shall not make the same or basically the same administrative act as the original administrative act on the same facts and reasons, except that he is ordered to make a new administrative act in violation of legal procedures.
Forty-seventh during the administrative reconsideration, the administrative reconsideration organ may make an administrative reconsideration opinion if it finds that the respondent or other lower-level administrative organs have one of the following circumstances; The relevant authorities shall, within 60 days from the date of receiving the administrative reconsideration opinions, report to the administrative reconsideration organ the situation of correcting the relevant administrative violations or doing a good job in the aftermath:
(a) the specific administrative act is illegal or improper, resulting in revocation, alteration or confirmation of illegality;
(two) the administrative organ fails to perform its statutory duties according to law, and there is inaction;
(three) there are defects or other problems in the specific administrative act;
(four) there are problems in the normative documents on which the specific administrative act is based;
(five) there are problems and loopholes in the administrative management of administrative organs;
(six) the administrative organ needs to do a good job in the aftermath;
(seven) other administrative reconsideration opinions that need to be made.
During the period of administrative reconsideration, the administrative reconsideration institution may put forward proposals for administrative reconsideration, and put forward suggestions for perfecting the system and improving administrative law enforcement to the relevant authorities when it finds problems with universality in the implementation of laws, regulations and rules.
Forty-eighth the State Council urban housing and urban construction departments can supervise and inspect the administrative reconsideration work and system implementation of the housing and urban construction departments of local people's governments at or above the county level.
The competent departments of housing and urban construction of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may supervise and inspect the administrative reconsideration work and the implementation of the system within their respective administrative areas through regular inspections and spot checks.
Fails to perform the administrative reconsideration decision within the time limit, or fails to correct the relevant administrative violations within 60 days from the date of receiving the administrative reconsideration opinions, the administrative reconsideration organ may informed criticism.
Forty-ninth administrative reconsideration work, the implementation of administrative reconsideration decisions into the local people's governments at or above the county level housing and urban construction departments within the scope of administration according to law.
Fiftieth administrative reconsideration organs shall establish a statistical system for administrative reconsideration cases, and submit the administrative reconsideration situation in their respective administrative areas to the administrative reconsideration institutions at higher levels according to regulations.
Chapter VII Supplementary Provisions
Article 51 The term "administrative acts involving real estate" as mentioned in these Measures refers to administrative acts that directly create, change, transfer and eliminate the effectiveness of real estate property rights.
Article 52 The administrative reconsideration organ may use the special seal for administrative reconsideration. The special seal for administrative reconsideration is used to handle administrative reconsideration matters and has the same effect as the seal of the administrative reconsideration organ.
Fifty-third administrative reconsideration documents directly served, the date of receipt of the applicant for reconsideration is the date of delivery. If the administrative reconsideration document is served by mail, the mailing address shall be the address stated by the reconsideration applicant in the application for administrative reconsideration, and the date of delivery shall be the date when the reconsideration applicant receives the mail. Because the address provided by the reconsideration applicant is inaccurate, and the address change is not informed to the administrative reconsideration organ in time, the reconsideration applicant himself or his designated agent refuses to sign for it, and the receipt is overdue, resulting in the administrative reconsideration document being returned by the state postal organ, the date of return of the document shall be regarded as the date of delivery.
Where an administrative reconsideration document is delivered to a third party, the provisions of the preceding paragraph shall apply.
Article 54 The date when the period begins is not included in the period. The last day after the expiration of the period is a holiday, and the first day after the holiday is the expiration date of the period.
The provisions of these Measures on "5 days" and "7 days" during administrative reconsideration refer to working days, excluding holidays and the same day.
Fifty-fifth foreigners, stateless persons and foreign organizations to apply for administrative reconsideration to the administrative reconsideration organ within the territory of People's Republic of China (PRC), with reference to these measures.
Fifty-sixth matters not covered in these Measures shall be implemented in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC) and the Regulations for the Implementation of the Administrative Reconsideration Law of People's Republic of China (PRC).
Article 57 These Measures shall be implemented as of 2015110/0/0, 65438.
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