What is the deadline to apply for administrative reconsideration in China?

Generally 60 days from the date you knew or should have known of the administrative act, unless a law provides a longer period (Article 20 of the Administrative Reconsideration Law). Time lost to force majeure or another proper reason resumes counting once the obstacle is removed.

What if the authority never told me I could apply for reconsideration?

The 60 days start from when you knew or should have known of the right to apply, the reconsideration body and the deadline — but no later than one year from when you knew or should have known of the content of the administrative act.

How long do I have to sue after an administrative reconsideration decision in China?

15 days from receiving the reconsideration decision, or 15 days from the end of the reconsideration period if the body fails to decide (Article 45 of the Administrative Litigation Law) — not the ordinary six-month period for suing directly.

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How Deadlines Work in Chinese Administrative Reconsideration — Application Periods, When the Clock Starts, Review Periods and Remedies: A Case Study

Based on the current text of the Administrative Reconsideration Law (revised 2023) and its Implementing Regulations (revised by State Council Decree No. 836), together with 8 administrative cases from the People's Court Case Database, this report answers the question that most often goes wrong in practice: "how many days do I have left?"

8 cases from the People's Court Case DatabaseStatutes checked word for wordReport date 2026-09-18

English edition of Wang Xin’s Chinese research report 行政复议的期限怎么算 —— 申请期限、起算、审理期限与救济路径类案研究. Case numbers are kept in their original Chinese form so they can be searched and verified; the full-text judgments they link to are in Chinese.

The 30-second answer

The general deadline to apply for administrative reconsideration is sixty days from the date you knew or should have known of the administrative act.
If the authority did not tell you about your right to reconsideration, the reconsideration body and the deadline, there is an exception to the start date, but generally no more than one year from when you knew of the content of the act.
Applications concerning real property made more than twenty years after the act, and other applications more than five years after, are absolutely barred and will not be accepted.
After receiving a reconsideration decision, a lawsuit must normally be filed within fifteen days — do not count it as the ordinary six-month period for suing.

Scope and exceptions as set out in the text · page structure updated 2026-09-19 · statute check dates in the text

What this report covers

The deadline in administrative reconsideration is not "one number" but four layers of rules on top of each other: the application period (60 days), the exception where remedies were not explained (capped at 1 year), the absolute bars to acceptance (20 years for real property / 5 years otherwise), and the review, decision and service periods on the reconsideration body's side. The start date is further broken down by method of service. Part 1 sets out the current statutory text and a quick-reference table; Part 2 the People's Court Case Database cases directly on deadlines; Part 3 distils the case rules; Part 4 is an "argument — outcome" table for use in pleadings and evidence.

Sources: People's Court Case Database (database numbers given for each case) and public statute databases. Statutory text checked word for word (English renderings are our translation); case points marked "holding" are from the published version, those marked "summary" are our own.

1. Statutory text and deadline quick reference

1. Application period: 60 days

Administrative Reconsideration Law, Article 20 (translation)A citizen, legal person or other organisation that considers an administrative act to infringe its lawful rights and interests may apply for administrative reconsideration within sixty days from the date it knew or should have known of the act, except where a law provides an application period longer than sixty days.
Where the statutory application period is missed because of force majeure or another proper reason, the period continues to run from the date the obstacle is removed.
Where an administrative authority, when making an administrative act, did not inform the citizen, legal person or other organisation of the right to apply for reconsideration, the reconsideration body and the application period, the period runs from the date the person knew or should have known of the right, the body and the period, but may not exceed one year from the date the person knew or should have known of the content of the act.

2. The start date depends on the method of service (new Regulations effective 2026-07-01)

Implementing Regulations of the Administrative Reconsideration Law, Article 23 (translation)The application period in Article 20(1) of the Administrative Reconsideration Law is calculated as follows:
(1) where the act is made on the spot, from the date it is made;
(2) where the legal document recording the act is served directly, from the date the recipient signs for it or refuses to sign;
(3) where it is served by post, from the date the recipient signs the postal receipt; if there is no postal receipt, from the date the recipient signs the acknowledgement of service or the date of receipt recorded by the postal service;
(4) where it is served electronically, from the date the document reaches the specific system designated by the recipient, unless laws or administrative regulations provide otherwise;
(5) where the act is lawfully notified by public notice, from the date the period set in the notice expires;
(6) where the authority did not inform the person when making the act and informs them later, from the date the person receives the authority's supplementary notice.
Where the respondent can prove that the person knew or should have known of the act, the period runs from the date the evidence shows they knew or should have known.

3. The two absolute bars

Administrative Reconsideration Law, Article 21 (translation)The reconsideration body shall not accept an application concerning real property made more than twenty years after the administrative act was made, or any other application made more than five years after the act was made.

4. Start date where the authority fails to act

Implementing Regulations, Article 24 (translation)Where a citizen, legal person or other organisation applies under Article 11(3), (11) or (12) of the Administrative Reconsideration Law for an authority to perform a statutory duty and it does not, the application period is calculated as follows:
(1) where there is a set time limit for performance, from the date that limit expires;
(2) where there is no set time limit, from 60 days after the authority received the request.
Where, in an emergency, a person asks the authority to perform its statutory duty to protect personal or property rights and it does not, the application period is not limited by the preceding paragraph.

5. Deadlines at each stage

Stage	Deadline	Basis
Applying for reconsideration	Within 60 days of knowing or when you should have known of the act (unless a law sets longer)	Reconsideration Law §20(1)
Right to reconsideration not explained	Runs from knowing of the right, capped at 1 year from knowing the content of the act	§20(3)
Extension for time lost	Force majeure or other proper reason → continues from the date the obstacle is removed	§20(2)
Absolute bars	Real property 20 years / other 5 years (from the date of the act)	§21
Start date for failure to act	Time limit set: when it expires; none set: 60 days after the request; no limit in emergencies	Regulations §24
Acceptance review	Reviewed within 5 days of receipt; no refusal decision in time → deemed accepted	Reconsideration Law §30
Supplementing materials	Authority notifies in writing once, within 5 days; applicant submits within 10 days, extendable for proper reason	§31
Copy to respondent / reply and evidence	Ordinary procedure 7 days + respondent 10 days; simplified procedure 3 days + 5 days	§48, §54
Reconsideration decision	Ordinary procedure within 60 days of acceptance, extendable in complex cases by up to 30 days; simplified procedure within 30 days	§62
Suing after a reconsideration decision	Within 15 days of receiving the decision; if the body fails to decide in time, within 15 days of the end of the period	Administrative Litigation Law §45
Mandatory reconsideration refused / dismissed / not answered	Sue within 15 days of receiving the decision or the end of the reconsideration period	Reconsideration Law §34
Suing directly without reconsideration	Within 6 months; at most 20 years for real property, 5 years otherwise	Litigation Law §46

Administrative Reconsideration Law, Article 88 (translation)Matters on the calculation of reconsideration periods and service of reconsideration documents not provided for in this Law are governed by the provisions on periods and service in the Civil Procedure Law of the People's Republic of China.
References in this Law to "three days", "five days", "seven days" and "ten days" in reconsideration periods mean working days, excluding statutory holidays.

6. Five categories requiring reconsideration before litigation

Administrative Reconsideration Law, Article 23 (translation)In any of the following cases, the applicant shall first apply to the reconsideration body for reconsideration and may then bring an administrative lawsuit in a people's court if dissatisfied with the decision:
(1) dissatisfaction with an administrative penalty decision made on the spot;
(2) dissatisfaction with an authority's decision infringing ownership or use rights to natural resources already lawfully acquired;
(3) a belief that the authority has failed to perform a statutory duty as described in Article 11 of this Law;
(4) an application for government information disclosure that the authority refuses;
(5) other cases where laws or administrative regulations require reconsideration first.

Implementing Regulations, Article 26 (translation)Where an authority did not, as required by Article 23 of the Administrative Reconsideration Law, inform a citizen, legal person or other organisation that reconsideration must be sought first, and the person sued directly in a people's court without reconsideration, the period from filing the lawsuit to service of the court's ruling dismissing it is not counted in the reconsideration application period.

7. Special rules for exit-entry and border control cases

Exit and Entry Administration Law, Article 64 (translation)A foreigner dissatisfied with continued questioning, detention for examination, restriction of the scope of activities or repatriation imposed under this Law may apply for administrative reconsideration according to law, and the reconsideration decision is final.
The preceding paragraph applies to other persons from outside the mainland who apply for reconsideration of repatriation imposed under this Law.

My inferences (practice notes, not statutory text)(1) The 60 days start from the signing date / arrival in the designated system / end of the public notice period — keep time evidence of on-the-spot documents and electronic service. (2) Don't mix up the three layers: 60 days (normal) → capped at 1 year if remedies were not explained → over 20 / 5 years always barred. (3) Only "3/5/7/10 days" are working days (§88); 60 days, 30 days, 15 days and 6 months are calendar days and are not extended for holidays. (4) Repatriation, continued questioning, detention for examination and restriction of activities are "reconsideration final" — you cannot then sue within 15 days — while an on-the-spot penalty by border control falls under item 1 of mandatory reconsideration; identify the type of document before choosing the remedy. (5) The Implementing Regulations have been revised from the 2007 version (State Council Decree No. 499) to the 2026 version (Decree No. 836), effective 2026-07-01; start dates and the treatment of failure to inform about mandatory reconsideration follow the new Regulations.

2. Cases from the People's Court Case Database (8)

All 8 cases below are from the People's Court Case Database. Click a case number to read the published version (keywords / holding / facts / reasoning / related provisions), in Chinese.

#	Case number (links to full text)	Court	Date	Deadline issue and holding (translated extract)
1	(2019) 鲁03行终295号 Database No. 2024-12-3-016-006	Zibo Intermediate People's Court, Shandong	2019-12-19	Issue: deadline to sue after reconsideration: 15 days, not 6 months 1. Where a citizen, legal person or other organisation has applied for reconsideration and the reconsideration body upholds the original act, and the applicant then sues as plaintiff, both the authority that made the original act and the reconsideration body shall be co-defendants. If the plaintiff sues only one of them, the court shall tell the plaintiff to add the other; if the plaintiff refuses, the court shall list the other as co-defendant. 2. Where a lawsuit is brought after reconsideration, the deadline is fifteen days from the date the applicant received the reconsideration decision, not six months from the date it knew or should have known of the original act.
2	(2020) 最高法行再374号 Database No. 2023-12-3-016-006	Supreme People's Court	2020-10-15	Issue: start date where the deadline to sue was not explained; the standard for "knew / should have known" Where an authority did not inform the person of the deadline to sue when making the act, the deadline runs from when the person knew or should have known of it. "Knew" means there is sufficient evidence that the applicant knew when the act was made; "should have known" means the judge, following judicial ethics and using logic and everyday experience, infers from the evidence when the applicant knew.
3	(2019) 豫行终4053号 Database No. 2023-12-3-016-012	Henan High People's Court	2020-03-02	Issue: re-applying after the deadline + reconsideration to "regain" the right to sue = evading the deadline; not supported Where a party, after the deadline to sue has passed, re-submits to the authority a request it made before, applies for reconsideration of the authority's reply, and sues over the reconsideration decision, this may regain the right to sue through reconsideration and restart litigation; it is in substance an evasion of the deadline and the court shall not support it.
4	(2012) 辽行终字第56号 Database No. 2023-12-3-005-001	Liaoning High People's Court	2012-11-01	Issue: reconsideration or litigation — choose one, not both at once Where reconsideration is optional, the party may choose to resolve the dispute by reconsideration or by litigation, but only one, not both at the same time. If, after the reconsideration body has accepted a case, the party sues over the same act, or after the court has accepted a case the party applies for reconsideration of the same act, the court or body that receives the later filing shall not accept it, and if already accepted shall dismiss the lawsuit or the application.
5	(2022) 黑行再9号 Database No. 2024-18-3-006-002	Heilongjiang High People's Court	2022-02-23	Issue: deducting time lost for reasons not attributable to the party (relying on the authority's promise to correct itself) In deciding whether a lawsuit is out of time and whether time lost for reasons not attributable to the party should be deducted, the court should fully consider whether the party actively exercised its right to sue and whether there was a proper reason. Where the party, trusting state organs, waited while the authority expressly promised it had started a self-correction procedure, that is a proper reason and falls within "other reasons not attributable to the party" in Article 48(1) of the Administrative Litigation Law; the waiting period should be deducted from the statutory deadline.
6	(2023) 川05行终46号 Database No. 2024-12-3-015-003	Luzhou Intermediate People's Court, Sichuan	2023-03-28	Issue: mandatory reconsideration: participating as a third party satisfies the requirement In a case requiring reconsideration first, where a party did not apply for reconsideration but took part in it as a third party and then sued over the decision, the third party should be found to meet the precondition of having gone through reconsideration.
7	(2018) 最高法行申6453号 Database No. 2023-12-3-021-003	Supreme People's Court	2018-10-18	Issue: a refusal decision / notice that misstates the right to sue does not bind the court 1. A reconsideration body's notice that an application is "manifestly" unfounded is generally not actionable unless its finding is wrong. Where such a refusal decision or notice wrongly explains the right to sue, the court is not bound by it. 2. Where the authority manifestly lacks subject-matter, territorial or hierarchical competence, the request for performance is manifestly unfounded, and neither reconsideration nor litigation can be accepted; the court may dismiss directly or refuse to register the case. 3. A lawsuit must meet the conditions of the Administrative Litigation Law; where it is manifestly unfounded or an abuse of the right to sue, the court may refuse to register it…
8	(2021) 苏09行终398号 Database No. 2023-12-3-001-020	Yancheng Intermediate People's Court, Jiangsu	2021-08-26	Issue: additional fines can be challenged separately; they stop accruing during litigation 1. An additional fine (for late payment of a penalty) is in nature an administrative enforcement penalty, and the party may sue over it separately. 2. Execution of the penalty decision is not suspended during the period to sue or during litigation, but the additional fine does not accrue during litigation. Before the court accepts an application for compulsory enforcement, the authority may reduce or waive it.

3. The case rules

Rule 1 | After reconsideration, the deadline to sue is 15 days, not 6 months
A party who sues over a reconsideration decision must do so within 15 days of receiving it, not six months from knowing of the original act.
Case(2019) 鲁03行终295号 (Database No. 2024-12-3-016-006)
Rule 2 | Where the deadline was not explained, it runs from when the party knew or should have known of it
"Knew" requires sufficient evidence; "should have known" is inferred by the judge from the evidence using judicial ethics, logic and everyday experience.
Case(2020) 最高法行再374号 (Database No. 2023-12-3-016-006)
Rule 3 | Using reconsideration to "regain" the right to sue is not supported
Re-applying to the authority after the deadline, then seeking reconsideration of the reply and suing over the decision, is in substance an evasion of the deadline.
Case(2019) 豫行终4053号 (Database No. 2023-12-3-016-012)
Rule 4 | Reconsideration or litigation — only one may be pending
If the reconsideration body has accepted the case, a lawsuit over the same act should not be accepted, and if accepted should be dismissed — and vice versa.
Case(2012) 辽行终字第56号 (Database No. 2023-12-3-005-001)
Rule 5 | Time lost for reasons not attributable to the party is deducted
Time spent waiting, in reliance on state organs, after the authority expressly promised it had started self-correction counts as "other reasons not attributable to the party" and is deducted from the deadline.
Case(2022) 黑行再9号 (Database No. 2024-18-3-006-002)
Rule 6 | In mandatory-reconsideration cases, taking part as a third party satisfies the requirement
A third party who did not apply but took part in reconsideration and sues over the decision meets the precondition for suing.
Case(2023) 川05行终46号 (Database No. 2024-12-3-015-003)
Rule 7 | A refusal decision or notice that misstates the right to sue does not bind the court
The court is not bound by a wrong explanation of the right to sue in the reconsideration body's refusal decision or notice.
Case(2018) 最高法行申6453号 (Database No. 2023-12-3-021-003)
Rule 8 | Additional fines can be challenged separately and stop accruing during litigation
An additional-fine decision can be challenged by a separate lawsuit; the penalty decision continues to be enforced during the period to sue and during litigation, but the additional fine does not accrue during litigation.
Case(2021) 苏09行终398号 (Database No. 2023-12-3-001-020)

My summary (not original text)What these 8 cases have in common is that they treat the "deadline" as a fact that must be proved: the start date, the method of service, whether remedies were explained and whether time was lost for reasons not attributable to the party are all for the party asserting them to prove. So in a deadline dispute, evidence preparation is less about the statute and more about signed receipts, acknowledgements of service, system records, correspondence and written traces of the authority's promises.

4. Argument — outcome table

Common argument	How the database cases treated it	Case
After the reconsideration decision was served, still suing within "6 months of knowing the original act"	Not supported: after reconsideration the deadline is 15 days from receiving the decision	(2019) 鲁03行终295号
The deadline to sue was never effectively explained, so it has not started	The specific point at which the party "knew or should have known" must be shown by evidence; the court infers it from the evidence	(2020) 最高法行再374号
Applying again to the authority after the deadline, seeking reconsideration again, and claiming a new right to sue	Not supported: treated as evading the deadline	(2019) 豫行终4053号
Pursuing reconsideration and litigation in parallel	Not supported: only one is allowed; the later one is refused or dismissed	(2012) 辽行终字第56号
Time spent waiting for the authority to correct itself should be deducted	Upheld (with a proper reason and an express promise by the authority): the waiting period is deducted	(2022) 黑行再9号
Mandatory reconsideration: the party never applied, so cannot sue	Rejected: a party who took part in reconsideration as a third party has satisfied the requirement	(2023) 川05行终46号
The reconsideration body's refusal decision explained the right to sue, so it is binding	Rejected: the court is not bound by a wrong explanation	(2018) 最高法行申6453号
Additional fines keep accruing during the period to sue or litigation	Rejected: they do not accrue during litigation (and can be challenged separately)	(2021) 苏09行终398号

5. Search method and notes

The cases in this report are taken only from administrative cases in the People's Court Case Database. The search used keywords such as "administrative reconsideration / deadline to sue / reconsideration first"; each hit was read and the 8 cases directly on deadline disputes were selected. Statutory text is from the current versions in public statute databases, checked word for word.

Notes: (1) the search was keyword-led and cannot cover every relevant database case — please tell us if we missed one; (2) the database publishes a "release version" (keywords, holding, facts, reasoning, related provisions), not the original judgment, and should be cited as such; (3) the statute and holding blocks are original text (translated here), while the "my inference / summary" blocks are the author's practical analysis; the two are kept separate.

Appendix · Case index

Database No. 2024-12-3-016-006 | (2019) 鲁03行终295号 | Zibo Intermediate People's Court, Shandong | 2019-12-19
Text type: People's Court Case Database release version (not the original judgment); point taken from: holding
Database No. 2023-12-3-016-006 | (2020) 最高法行再374号 | Supreme People's Court | 2020-10-15
Text type: People's Court Case Database release version (not the original judgment); point taken from: holding
Database No. 2023-12-3-016-012 | (2019) 豫行终4053号 | Henan High People's Court | 2020-03-02
Text type: People's Court Case Database release version (not the original judgment); point taken from: holding
Database No. 2023-12-3-005-001 | (2012) 辽行终字第56号 | Liaoning High People's Court | 2012-11-01
Text type: People's Court Case Database release version (not the original judgment); point taken from: holding
Database No. 2024-18-3-006-002 | (2022) 黑行再9号 | Heilongjiang High People's Court | 2022-02-23
Text type: People's Court Case Database release version (not the original judgment); point taken from: holding
Database No. 2024-12-3-015-003 | (2023) 川05行终46号 | Luzhou Intermediate People's Court, Sichuan | 2023-03-28
Text type: People's Court Case Database release version (not the original judgment); point taken from: holding
Database No. 2023-12-3-021-003 | (2018) 最高法行申6453号 | Supreme People's Court | 2018-10-18
Text type: People's Court Case Database release version (not the original judgment); point taken from: holding
Database No. 2023-12-3-001-020 | (2021) 苏09行终398号 | Yancheng Intermediate People's Court, Jiangsu | 2021-08-26
Text type: People's Court Case Database release version (not the original judgment); point taken from: holding

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Quick answers

What is the deadline to apply for administrative reconsideration in China?: Generally 60 days from the date you knew or should have known of the administrative act, unless a law provides a longer period (Article 20 of the Administrative Reconsideration Law). Time lost to force majeure or another proper reason resumes counting once the obstacle is removed.
What if the authority never told me I could apply for reconsideration?: The 60 days start from when you knew or should have known of the right to apply, the reconsideration body and the deadline — but no later than one year from when you knew or should have known of the content of the administrative act.
How long do I have to sue after an administrative reconsideration decision in China?: 15 days from receiving the reconsideration decision, or 15 days from the end of the reconsideration period if the body fails to decide (Article 45 of the Administrative Litigation Law) — not the ordinary six-month period for suing directly.
Can I challenge a deportation or detention-for-examination decision in court after reconsideration?: No. Under Article 64 of the Exit and Entry Administration Law, reconsideration decisions on continued questioning, detention for examination, restriction of movement and repatriation of foreigners are final, so there is no further lawsuit.

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