Legal basis:
People's Republic of China (PRC) Administrative Reconsideration Law
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 shall continue to be counted from the date when the obstacle is removed.
Article 10 Citizens, legal persons or other organizations that apply for administrative reconsideration in accordance with this Law are applicants. If a citizen who has the right to apply for administrative reconsideration dies, his close relatives may apply for administrative reconsideration. If a citizen who has the right to apply for administrative reconsideration is a person without or with limited capacity for civil conduct, his legal representative may apply for administrative reconsideration on his behalf. Where a legal person or other organization that has the right to apply for administrative reconsideration terminates, the legal person or other organization that inherits its rights may apply for administrative reconsideration. Other citizens, legal persons or other organizations that have an interest in the specific administrative act applying for administrative reconsideration may participate in administrative reconsideration as a third party. If a citizen, legal person or other organization refuses to accept a specific administrative act of an administrative organ and applies for administrative reconsideration, the administrative organ that made the specific administrative act is the respondent. The applicant and the third party may entrust an agent to participate in the administrative reconsideration on their behalf.
Article 11 An applicant may apply for administrative reconsideration in writing or orally; Where an oral application is made, the administrative reconsideration organ shall record the basic information of the applicant, the request for administrative reconsideration, the main facts, reasons and time for applying for administrative reconsideration on the spot.
Article 12 If an applicant refuses to accept a specific administrative act of the working department of a local people's government at or above the county level, he may choose to apply for administrative reconsideration to the people's government at the corresponding level or the competent department at the next higher level. If they are dissatisfied with the specific administrative acts of the administrative organs or state security organs that implement vertical leadership, such as customs, finance, national tax and foreign exchange management, they shall apply to the competent department at the next higher level for administrative reconsideration.
Article 13 Anyone who refuses to accept a specific administrative act of a local people's government at various levels shall apply to the local people's government at the next higher level for administrative reconsideration. If a local people's government at the county level refuses to accept a specific administrative act and belongs to an agency established by the people's government of a province or autonomous region according to law, it shall apply for administrative reconsideration to the agency.
Article 14 Anyone who refuses to accept a specific administrative act of the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government may apply for administrative reconsideration to the department of the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government that made the specific administrative act. If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court; You can also apply to the State Council for an award, and the State Council will make a final award in accordance with the provisions of this Law.
Article 15 Anyone who refuses to accept a specific administrative act of an administrative organ or organization other than those specified in Articles 12, 13 and 14 of this Law shall apply for administrative reconsideration in accordance with the following provisions: (1) Anyone who refuses to accept a specific administrative act of a dispatched office established by a local people's government at or above the county level according to law shall apply for administrative reconsideration to the people's government that established the dispatched office; (2) To apply for administrative reconsideration to the department that established the agency according to law or the local people's government at the same level if it refuses to accept the specific administrative act made in its own name in accordance with the provisions of laws, regulations or rules; (3) To apply for administrative reconsideration to the local people's government, the working department of the local people's government or the directly competent department of the State Council of the organization if it refuses to accept the specific administrative act of the organization authorized by laws and regulations; (four) if two or more administrative organs are dissatisfied with a specific administrative act made in the same name, they shall apply to the administrative organ at the next higher level for administrative reconsideration; (5) To apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers if it refuses to accept the specific administrative act made by the revoked administrative organ before revocation. Under any of the circumstances listed in the preceding paragraph, the applicant may also apply for administrative reconsideration to the local people's government at the county level where the specific administrative act occurred, and the local people's government at the county level that accepts the application shall handle it in accordance with the provisions of Article 18 of this Law.
Article 16 If a citizen, a legal person or any other organization applies for administrative reconsideration, and the administrative reconsideration organ has accepted it according to law, or if laws and regulations stipulate that it should first apply for administrative reconsideration to the administrative reconsideration organ, and then bring an administrative lawsuit to the people's court, if it refuses to accept the administrative reconsideration decision, it shall not bring an administrative lawsuit to the people's court within the statutory administrative reconsideration period. Citizens, legal persons or other organizations bring an administrative lawsuit to the people's court, and the people's court has accepted it according to law, and may not apply for administrative reconsideration.