[Case Summary]This case involves an administrative review of government information disclosure (special services). Xu Chao, a villager in a certain county of Henan Province, had his house expropriated for the reconstruction of a national highway. He applied to the county natural resources bureau for the disclosure of information such as the land expropriation red line map, but the bureau failed to respond within the statutory time limit of 20 working days. During the review period, the bureau responded by saying "no such information was found", but it did not state that the information did not exist or inform Xu Chao of his right to file a lawsuit for review. Xu Chao then entrusted the Beijing Henglu Law Firm to handle the case for him.Zhai Chao LiThe lawyer applied for administrative reconsideration. The reconsideration organ determined that the reply did not comply with the "Regulations on the Disclosure of Government Information", and decided to revoke it and order a new reply. The core disputes are the legality of the reply and the procedural aspects, as well as the obligation to provide evidence that the information does not exist. Applicable laws: Articles 33 and 36 of the "Regulations on the Disclosure of Government Information".

I. Review of the Case

The people subject to expropriation often search for terms like "What to do if the government fails to respond to an open government information request?", "What to do if an application for disclosure of the red line map for land expropriation is rejected?", "How to appeal against an illegal response from an administrative organ?", and "The process of applying for disclosure of expropriation information". This case is a typical example. Xu Chao, a villager from a certain village in a certain county of Henan Province, had his house included in the scope of expropriation due to the local national highway reconstruction project. To understand the situation, Xu Chao sought the help of Beijing Henglu Law Firm, which is well-known in the legal field.Zhi Chao LiAttorney representation.

On September 9, 2023, the lawyer assisted Xu Chao in mailing a request for government information disclosure, requesting the disclosure in writing of the land expropriation red line map of the national highway reconstruction project, the results of the social stability risk assessment, the technical report on surveying and demarcation, and the surveying and demarcation map. The county natural resources bureau received the request on the same day, but failed to respond within 20 working days. During the review period, the bureau replied, saying that "no relevant materials of the project could be found". Xu Chao still did not obtain the required information, so he further applied for administrative review.

II. The focus of the case

  • Focus 1: The illegality of failing to reply within the time limit.If an authority fails to respond within more than 20 working days, does this constitute a failure to perform its statutory duties?
  • Focus Two: The legitimacy of the entity responding to the request.It is stated that "no information was found", but the answer did not mention that "the information was not found after searching". Does this violate Article 36 of the Regulations on the Openness of Government Information?
  • Focus Three: Procedural Defects.The reply document did not inform the applicant of their right to request a review or file a lawsuit. Does this constitute a violation of the applicant's rights?

III. Professional intervention by Hengluo Law Firm

The applicant (Xu Chao) claimed that:Please confirm that the County Natural Resources Bureau failed to fulfill its obligation to disclose information in accordance with the law and order it to disclose the information; then, regarding the reply letter, please request its revocation and order it to provide a new reply.

The respondent's (the County Natural Resources Bureau's) position is as follows:During the review, the respondent replied that they had not found the relevant materials and claimed that they had fulfilled their obligation to respond.

Hengluo Lawyer's Representation Opinion:Zhai Chao LiThe lawyer pointed out that according to Article 33 of the "Regulations on the Disclosure of Government Information", the government's failure to respond within the time limit constitutes a clear infringement, and the county government has already confirmed its violation. Regarding the subsequent response, the lawyer emphasized that for non-existent government information, the administrative organ should fulfill its search obligation and bear the burden of proof, and should respond with "the government information does not exist after searching"; the respondent did not respond on this basis and did not submit search evidence. At the same time, the response document failed to inform the applicant of the time limit and rights for administrative reconsideration and litigation, which violated both substantive and procedural laws and infringed legitimate rights and interests. Therefore, an administrative reconsideration is proposed, requesting the revocation of the response letter and ordering a new response.

IV. Outcome of the case

After review, the county government concluded that the response provided by the County Natural Resources Bureau did not comply with the relevant provisions of the "Regulations on the Disclosure of Government Information" and was obviously improper. The county government decided to revoke the "Information Disclosure Response Letter" issued by the County Natural Resources Bureau to Xu Chao on November 14, 2023, and ordered the County Natural Resources Bureau to make a new response. Previously, the county government also confirmed that the bureau's failure to respond within the statutory time limit was illegal. The review decision in this case was made in accordance with Article 33 (Response Period) and Article 36 (Response Circumstances) of the "Regulations on the Disclosure of Government Information".

5. Henglu Law Firm's Advice

In the process of land expropriation and demolition, the disclosure of government information is a crucial step. Missing relevant information may lead to damage to legitimate rights and interests. This case is handled by Beijing Henglu Law Firm.Zhai Chao LiAttorney (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's Tip: When applying for information disclosure, the applicant should specify the information needed in writing; if the authority provides a reply beyond the time limit or in an irregular manner, the applicant may apply for administrative reconsideration according to law; for the reply of "the information does not exist", the applicant should require the authority to provide evidence of its obligation to search for the information and verify whether the authority has informed the applicant of his/her right to seek remedies.

VI. Frequently Asked Questions about Government Information Disclosure

  1. Q: What should I do if the administrative organ fails to respond to an application for information disclosure?
    A:According to Article 33 of the Regulations on the Disclosure of Government Information, if there is no response within more than 20 working days, you can apply for administrative reconsideration, request to confirm the violation, and order the disclosure of the information.
  2. Q: Is it legal to reply with "no record found"?
    A:No, of course it's legal. The authority has the obligation to search for the information that doesn't exist and provide evidence, and should respond with the standard phrase "the information was not found after searching".
  3. Q: Is it valid for the response to information disclosure not to inform the right to appeal and litigation?
    A:This is not in accordance with regulations. The reply should inform the applicant of the time limits for review and litigation, as well as their rights. Otherwise, it constitutes a procedural violation and the decision may be revoked.
  4. Q: Can I request the disclosure of information such as the land expropriation red line map and other expropriation-related materials?
    A:Yes. The expropriated persons can apply for materials such as the public land expropriation red line map, stability assessment, and survey and demarcation, which are within the scope of public disclosure according to law.
  5. Q: Can the reviewing authority order the respondent to provide a new response?
    A:Yes. If the reply is obviously inappropriate or illegal, the review organ may decide to revoke it and order the original organ to make a new reply.