Chapter IX Liability for Compensation of Infringement of Rights

Article 67 A citizen, a legal person or any other organization who suffers damage because of the infringement upon his or its lawful rights and interests by a specific administrative act of an administrative organ or the personnel of an administrative organ, shall have the right to claim compensation.

If a citizen, a legal person or any other organization makes an independent claim for damages, the case shall first be dealt with by an administrative organ. Anyone who refuses to accept the disposition by the administrative organ may file a suit in a people’s court.

Conciliation may be applied in handling a suit for damages.

Article 68 If a specific administrative act undertaken by an administrative organ or the personnel of an administrative organ infringes upon the lawful rights and interests of a citizen, a legal person or any other organization and causes damage, the administrative organ or the administrative organ to which the above-mentioned personnel belongs shall be liable for compensation.

After paying the compensation, the administrative organ shall instruct those members of its personnel who have committed intentional or gross mistakes in the case to bear part or all of the damages.

Article 69 The cost of compensation shall be included as an expenditure in the government budget at various levels. The people’s governments at various levels may order the administrative organs responsible for causing the compensation to bear part or all of the damages. The specific measures thereof shall be formulated by the State Council.

Chapter X Administrative Procedure Involving Foreign Interests

Article 70 This Law shall be applicable to foreign nationals, stateless persons and foreign organizations that are engaged in administrative suits in the People’s Republic of China, except as otherwise provided for by law.

Article 71 Foreign nationals, stateless persons and foreign organizations that are engaged in administrative suits in the People’s Republic of China shall have the same litigation rights and obligations as citizens and organizations of the People’s Republic of China.

Should the courts of a foreign country impose restrictions on the administrative litigation rights of the citizens and organizations of the People’s Republic of China, the Chinese people’s courts shall follow the principle of reciprocity regarding the administrative litigation rights of the citizens and organizations of that foreign country.

Article 72 If an international treaty concluded or acceded to by the People’s Republic of China contains provisions different from those found in this Law, the provisions of the international treaty shall apply, unless the provisions are ones on which the People’s Republic of China has announced reservations.

Article 73 When foreign nationals, stateless persons and foreign organizations appoint lawyers as their agents ad litem in administrative suits in the People’s Republic of China, they shall appoint lawyers of a lawyers’ organization of the People’s Republic of China.

Chapter XI Supplementary Provisions

Article 74 A people’s court shall charge litigation fees for handling administrative cases. The litigation fee shall be borne by the losing party, or by both parties if they are both held responsible. The procedure for the charging of litigation fees shall be specified separately.

Article 75 This Law shall come into force as of October 1, 1990.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.