(1) The applicant is a relative who thinks that the administrative act infringes upon his lawful rights and interests;
(2) Having a clear respondent;
(3) There are specific requests for reconsideration and factual basis;
(4) Being within the scope of applying for administrative reconsideration according to law;
(5) The corresponding application for administrative reconsideration is under the jurisdiction of the administrative reconsideration organ;
(six) other conditions as prescribed by laws and regulations.
Legal basis: People's Republic of China (PRC) Administrative Reconsideration Law.
Article 6 Citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law under any of the following circumstances:
(a) refuses to accept the administrative punishment decisions made by the administrative organ, such as warning, fine, confiscation of illegal income, confiscation of illegal property, order to suspend production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, administrative detention, etc. ;
(2) Refusing to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property made by administrative organs;
(3) Refusing to accept the decision made by the administrative organ to change, suspend or revoke the license, license, qualification certificate and other documents;
(4) Refusing to accept the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;
(five) that the administrative organ has infringed upon the legitimate right to operate independently;
(six) the administrative organ changes or cancels the agricultural contract, which infringes upon its legitimate rights and interests;
(seven) that the administrative organs illegally raise funds, collect property, apportion expenses or illegally require other obligations;
(eight) that meets the statutory conditions, apply for administrative organs to issue permits, licenses, qualification certificates, qualification certificates and other documents, or apply for administrative organs to examine and approve and register related matters, and the administrative organs fail to handle them according to law;
(nine) apply to the administrative organ to perform the statutory duties of protecting personal rights, property rights and the right to education, and the administrative organ fails to perform them according to law;
(ten) to apply for an administrative organ to issue a pension, social insurance premium or minimum living allowance according to law, and the administrative organ fails to issue it according to law;
(eleven) that other specific administrative acts of administrative organs infringe upon their legitimate rights and interests.
Ninth citizens, legal persons or other organizations that a specific administrative act infringes upon their legitimate rights and interests may apply for administrative reconsideration within 60 days from the date of knowing the specific 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.