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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II GENERAL RULES ON HEARINGS CHAPTER III SCOPE AND PROCEDURES OF A HEARING HELD ACCORDING TO POWER CHAPTER IV SCOPE AND PROCEDURES OF THE HEARINGS HELD UPON APPLICATION CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to regulate the administration of land and resources, to promote the administration according to law, to enhance the degree of science and democracy of the administration of land and resources, and to protect the legitimate rights and interests of the citizens, legal persons, and other organizations, the present Provisions are formulated in accordance with the relevant laws and regulations. Article 2. The present Provisions shall apply where the administrative departments in charge of land and resources of the people's governments at the county level or above (hereinafter referred to competent authorities) organize hearings in accordance with their respective powers or at the applications by the parties concerned. Article 3. A hearing shall be organized by the competent authority that is to make the decision of administrative punishment or administrative license, to formulate the regulations and normative documents, or to implement the issues that need to be reported to the government for approval. The legal department that concretely handles the hearing in accordance with the present Provisions shall be the hearing body; however, with respect to the implementation of an issue that needs to be reported to the government for approval, the body handling that issue may be the hearing body. The phrase "issues that need to be reported to the government for approval" refers to the issues that come into effect upon approval of the peoples' s government at the corresponding level, but the implementation of which is carried out by the competent authority, such issues shall include the determination or modification of the base land price, organization of the formulation or modification of the master plan of land utilization and the planning of mineral resources, determination or modification of the standards for compensation for regional land requisition, determination of the standards for compensation and schemes for resettlement for the projects to requisition land, and determination of the schemes for the occupation of basic farmland by non-agricultural projects, etc. Article 4. The competent authority shall, when organizing a hearing, adhere to the principles of openness, fairness, justice, and convenience for the people, adequately seek opinions from the citizens, legal persons, and other organizations, and guarantee their rights to state their opinions, and to make cross examination and pleadings. A hearing organized in accordance with the power of the competent authority shall be held publicly in the form of hearing, except where any state secret is involved. And the hearing shall be subject to public supervision. A hearing organized at the application by a party concerned shall be held publicly, except where any state secret, business secret, or personal privacy is involved. Article 5. With respect to an issue for which a hearing should be held provided for by laws, regulations and rules, if the party concerned waives his right to hearing or an immediate decision is needed in emergency, the competent authority will not organize the hearing. CHAPTER II GENERAL RULES ON HEARINGS Article 6. Participants to a hearing include the designees of the body handling the hearing, the representatives of the hearing, the party concerned and the agent thereof, and the witnesses, expert witnesses, and translators, etc. Article 7. As a general principle, the hearing shall be organized by a hearing officer; and may be organized by 3 or 5 hearing officers if necessary. The hearing officers shall be designated by the competent authority. There shall be a president in a hearing, who is to be chosen from the hearing officers; and the president shall be the relevant principal of the hearing body or handling body. The clerk shall be designated by the president, and will assume the concrete preparation and recording work of the hearing. The persons handling the issue for which the hearing is to be held may not be the hearing officer or clerk, except when the issue is one for which the hearing may be held by the handling body. Article 8. Before the commencement of a hearing, the clerk shall verify the identities of the participants to the hearing and their presence, pronounce the disciplines of the hearing and the relevant matters of attention of the hearing place. Article 9. A hearing shall proceed in accordance with the following procedures: (1) The president of the hearing announces the commencement of the hearing, introduces the hearing officer(s) and the clerk, announces the issue of hearing and the facts, and inform the participants of their rights and obligations; (2) The body handling the issue for which the hearing is held presents the reasons, basis, relevant materials and opinions; (3) The parties concerned make cross examination and pleadings, raise the facts, reasons and basis to protect their legitimate rights and interests (the representatives of the hearing give their opinions and make inquiries with respect to the necessity, feasibility and the concrete contents of the issue under hearing); (4) The final statements are given; and (5) The hearing president announces the end of the hearing. Article 10. The clerk shall write down all the activities into the notes, which shall indicate the following matters and be signed by the hearing officer(s) and the clerk: (1) Title of the issue of hearing; (2) Names and positions of the hearing officer(s) and clerk; (3) Basic information of the participants to the hearing; (4) Time and venue of the hearing; (5) Publicity of the hearing; (6) Reasons, basis and relevant materials of the issue under hearing; (7) Views, reasons and basis of the party concerned or of the representatives of the hearing; (8) Explanations for the suspension, discontinuance or termination of the hearing; (9) Handling of the relevant matters in the hearing activity by the hearing president; and (10) Other matters that the hearing president deems necessary to be recorded. The hearing notes shall be signed or affixed with stamp by the participants to the hearing after confirmation or correction. Where any participant refuses to sign or affix the stamp without justified reasons, the relevant situations shall be recorded in and attached to the notes. Article 11. Citizens, legal persons or other organizations may apply for auditing a hearing that is publicly held. CHAPTER III SCOPE AND PROCEDURES OF A HEARING HELD ACCORDING TO POWER Article 12. For any of the following issues, the competent authority shall organize a hearing: (1) To determine or modify the base land price; (2) To draw up or modify the master plan of land utilization and the planning of mineral resources; or (3) To determine or modify the standards for compensation for regional land requisition. For either of the following issues, where gross interests of the citizens, legal persons or other organizations are involved, the competent authority shall organize a hearing: (1) To formulate regulations and normative documents; or (2) Other issues provided for by the competent authority. Article 13. Where the competent authority holds a hearing with respect to an issue prescribed in Article 12 herein, it shall, 30 days prior to the holding of the hearing, announce to the public the time, venue, and contents of the hearing, and the matters to know for application for auditing. Article 14. The citizens, legal persons and other organizations that meet the conditions prescribed by the competent authority may apply for auditing the hearing, either may they elect representatives to participate in the hearing. The competent authority shall designate the hearing representatives according to the intended hearing matters and the application of the citizens, legal persons and other organizations; the designated representatives of the hearing shall be broad and representative. If the representatives elected by the citizens, legal persons and other organizations meet the conditions prescribed by the competent authority, they shall be designated as the representatives of the hearing with priority. Article 15. The hearing body shall serve the materials of the hearing to the representatives of the hearing 10 workdays before the hearing is held. Article 16. A representative of the hearing shall participate in the hearing in person, and shall have the right to present opinions and make inquiries in respect of the necessity, feasibility and concrete contents of the issue under hearing, and to consult the hearing minutes. A representative shall base his opinions on facts, faithfully state the opinions of the citizens, legal persons and other organizations he represents, abide by the disciplines of the hearing and keep confidential the state secrets. Article 17. The hearing body shall, within 7 days after the hearing is held, make the hearing minutes on the basis of the hearing notes, and the minutes shall include the following contents: (1) Basic information about the hearing; (2) Explanations of the issue under hearing; (3) Statements of opinions of the representatives of the hearing; (4) Disagreements on the issue under hearing; and (5) Suggestions for handling of the opinions presented in the hearing. Article 18. The competent authority shall formulate the regulations and normative documents by referring to the hearing minutes, and shall attach the hearing minutes when submitting for approval the base land price determined or modified, the master plan of land utilization and the planning of mineral resources drawn up or modified, or the standards for compensation for regional land requisition determined or modified. CHAPTER IV SCOPE AND PROCEDURES OF THE HEARINGS HELD UPON APPLICATION Article 19. For either of the following issues, the competent authority shall, before submitting for approval, notify the party concerned in writing of his right to ask for holding a hearing: (1) To determine the standards for compensation and the schemes for resettlement for the projects to requisition land; or (2) To determine the schemes for occupation of basic farmland by non-agricultural constructions. For any of the following issues, the competent authority shall, before making the decision, notify the party concerned in writing of his right to ask for holding a hearing: (1) Giving administrative punishments, such as fines of a relatively large amount, orders to stop illegal exploring or mining, or revocations of exploring license or mining license, etc; (2) Granting of use right of state-owned land, exploring right, and mining right that directly involve gross interests relationship between the party concerned and others; or (3) Other issues provided for by laws, regulations, or rules. Article 20. Where a party concerned requires holding a hearing with respect to an issue prescribed in Article 19 herein, the competent authority shall organize the hearing. Article 21. A party concerned shall, within 5 workdays after being notified, file a written application with the hearing body, and shall be deemed as waiving the hearing if he fails to file the application within that time limit; however, the time limit for the hearing in respect of an administrative punishment is 3 workdays. Waiving of hearing shall be written down in records. Article 22. A party concerned may entrust one to two agents to participate in the hearing, to collect and provide the relevant materials and evidence, and to make cross examination and pleadings. Article 23. A written application for hearing shall include the following contents: (1) Name and address of the party concerned (name, address and legal representative of the legal person or other organization); (2) The specific issue for which the hearing is applied for; and (3) The basis and reasons for applying for the hearing. A party shall provide the relevant materials when applying for the hearing. Article 24. The hearing body shall, after receiving the written application for hearing, examine the application materials, and shall notify only once the party concerned to make supplementation if the application materials are not complete. The application shall be rejected under any of the following circumstances: (1) The party filing the application is not the party concerned with the issue of hearing or the agent thereof; (2) The party concerned files the application beyond 5 workdays after being notified; or (3) Other circumstances not meeting the conditions for application for hearing. Where the application is rejected, the competent authority shall notify the party concerned in writing of the rejection. Article 25. If the application meets the conditions for hearing upon examination, the hearing body shall make a Hearing Notification, and shall, 7 workdays prior to the hearing, notify the party concerned and the body handling of the issue for which the hearing is to be held. The Hearing Notification shall include the following matters: (1) Reasons and basis for the hearing; (2) Time and venue of the hearing; (3) Names and positions of the hearing officers and clerk; (4) Rights and obligations of the party concerned and of the body handling the issue under hearing; and (5) Attentive matters. Article 26. A party concerned shall, after receiving the Hearing Notification, be present at the hearing on time; and shall be deemed as waiving the hearing, if he fails to be present without justified reasons, or withdraws from the hearing in the course of the hearing without permission of the hearing president. Waiving of hearing shall be written down into the hearing notes. Article 27. The body handling the issue for which the hearing is to be held shall, after receiving the Hearing Notification, designate personnel to participate in the hearing, and may not waive the hearing. Article 28. Where a party concerned believes that the hearing officer or clerk has any interests relationship with the issue under hearing and that relationship might affect the justice, he shall have the right to apply for withdrawal of the hearing officer or clerk, and shall explain the reasons. The withdrawal of the hearing president shall be decided by the competent authority. The withdrawal of the hearing officer or clerk shall be decided by the hearing president. Article 29. Under any of the following circumstances, the hearing may be postponed: (1) The hearing cannot be held as scheduled due to causes of force majeure; (2) The party concerned applies for postponing the hearing and has justified reasons; or (3) Other circumstances under which the hearing may be postponed. Where the hearing is postponed, the competent authority shall notify the participants to the hearing in writing. Article 30. Under any of the following circumstances, the hearing shall be discontinued: (1) The hearing president believes that new facts, reasons and basis are raised during the course of the hearing or that investigation and verification is needed with respect to the facts raised; (2) The citizen applying for hearing dies, or the legal person or other organization applying for hearing is terminated, and the successor of his/its rights and obligations has not been determined; or (3) Other circumstances under which the hearing should be discontinued. Where the hearing is discontinued, the competent authority shall notify the participants to the hearing in writing. Article 31. After the circumstances causing the postponing or discontinuance of the hearing disappear, the competent authority shall decide to resume the hearing and shall notify the participants to the hearing in writing. Article 32. Under any of the following circumstances, the hearing shall be terminated: (1) The citizen that has the right to apply for hearing dies and there is no inheritor or the inheritor waives the right to hearing; (2) The legal person or other organization that has the right to apply for hearing is terminated and the legal person or organization inheriting its rights waives the right to hearing; (3) The party concerned declares to withdraw from the hearing in the course of the hearing; (4) The party concerned, after being notified, expressly waives the right to hearing or is deemed to waive the right to hearing; or (5) Other circumstances under which the hearing needs to be terminated. Article 33. The competent authority shall, on the basis of the hearing notes, make the decision on administrative license or on administrative punishment according to law. It shall attach the hearing notes when submitting for approval the standards for compensation and scheme for resettlement of the project to requisition land or the scheme for occupation of basic farmland by non-agricultural construction. CHAPTER V LEGAL LIABILITIES Article 34. With respect to an issue for which a hearing should be held as provided for by laws, regulations and rules, if the hearing is not organized upon application by the party concerned, the directly responsible personnel in charge and other directly liable personnel shall be given administrative sanctions according to law. Article 35. Where any designee, hearing officer, or clerk of the body handling the hearing under the competent authority neglects his duties, abuses his powers, or seeks private benefits by wrongful means in the hearing, administrative sanctions shall be imposed on such person. If a crime has been constituted, the offender shall be subject to criminal liabilities. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 36. The competent authority shall not collect or collect in any disguised form any charges for organizing the hearing from the party concerned. The fund needed for organizing the hearing shall be included into the budget of the competent authority. The competent authority shall guarantee the venue, equipment, and work conditions necessary for organizing the hearing. Article 37. Where the competent authority makes administrative reconsideration, or drafts laws, regulations or government ordinances upon entrustment, the concrete procedures for organizing the hearing shall be executed by referring to the present Provisions. Article 38. The present Provisions shall come into force on May 1, 2004. |
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