Measures of the Ministry of Industry and Information Technology for the Implementation of Administrative Reconsideration (2024)

Measures of the Ministry of Industry and Information Technology for the Implementation of Administrative Reconsideration (2024)

(Announced by Order No. 69 of the Ministry of Industry and Information Technology of the People's Republic of China on February 26, 2024 and came into force on the date of issuance.)

Article 1 For the purposes of standardizing the administrative reconsideration work of the Ministry of Industry and Information Technology (“MIIT”), preventing and correcting the illegal or improper administrative behavior, and protecting the lawful rights and interests of the citizens, legal persons, and other organizations, these Measures are developed under the Administrative Reconsideration Law of the People's Republic of China and other laws and administrative regulations.

Article 2 The applications for administrative reconsideration filed by the citizens, legal persons or other organizations with the MIIT as they deem that the administrative behavior of the MIIT and the communications administrations of provinces, autonomous regions, or municipalities directly under the Central Government has infringed upon their lawful rights and interests, the handling of administrative reconsideration cases by the MIIT shall be governed by these Measures.

Article 3 The administrative reconsideration institutions of the MIIT shall be responsible for handling administrative reconsideration matters, and organizing the handling of administrative response matters of the MIIT.

Article 4 A citizen, legal person or any other organization that refuses to accept an administrative behavior of the MIIT or the communications administration of a province, autonomous region or municipality directly under the Central Government and applies for administrative reconsideration is an applicant, and the MIIT or the communications administration of a province, autonomous region or municipality directly under the Central Government conducting the administrative behavior is a respondent.

Article 5 The applications for administrative reconsideration filed by citizens, legal persons or other organizations with the MIIT shall comply with the time limit as prescribed in the law.

Where the statutory time limit for application is delayed due to force majeure or other justified reasons, the time limit for application shall be continuously calculated from the date of obstacle elimination, but the applicant shall provide the relevant explanatory materials.

Article 6 To apply for administrative reconsideration in writing, an applicant shall submit a written application for administrative reconsideration and specify the address to which it agrees to receive the documents related to administrative reconsideration.

An applicant that is a citizen shall submit a photocopy of his or her identity certificate or other valid certificate; and an applicant that is a legal person or any other organization shall submit a photocopy of its business license or other valid certificate, and the photocopy of the identity certificate or other valid certificate of its legal representative or primary person in charge. An applicant that entrusts an agent with the filing of an application on its behalf shall also submit a power of attorney and a photocopy of the agent's resident identity card or other valid certificate. The power of attorney shall specify the entrusted matters, authority and time limit.

Where it is indeed difficult for an applicant to file an application for administrative reconsideration in writing, he may apply for administrative reconsideration verbally, the administrative reconsideration institution of the MIIT shall develop a transcript on the application for administrative reconsideration on the spot, and send it to the applicant for verification or read it to the applicant, and the transcript shall be signed by the applicant for confirmation.

An applicant that refuses to accept two or more administrative actions shall apply for administrative reconsideration separately.

Article 7 After receiving an application for administrative reconsideration, the MIIT shall, in accordance with the law, conduct examination, and accept an application meeting the acceptance conditions.

Where the same applicant repeatedly files an application for administrative reconsideration on the same administrative behavior with basically the same facts and reasons, the MIIT will not accept it again.

Article 8 After accepting an application for administrative reconsideration, the MIIT shall decide to reject the application and explain the reasons if it finds that the application for administrative reconsideration does not mee......