[Case Summary]This case is an administrative review case concerning the performance of compensation and resettlement duties. The Seventh Villagers' Group of Shuguang Village Committee in A County, Guangxi Province, enjoys the right to use 153 mu of collective land. Among these, 83 mu of basic compensation has been issued, but the remaining 70 mu of compensation arrears has not been fully paid, and social security compensation has not been issued. The villagers failed to reach an agreement through communication. On November 12, 2025, the group mailed the "Application for the Performance of Compensation and Resettlement Duties", and the county government signed for receipt on November 14. The failure to respond within more than 60 days constitutes administrative omission. The group entrusted Beijing Henglu Law Firm to handle the case.Zhai Chao LiThe lawyer filed an administrative reconsideration with the People's Government of Guilin City, and the reconsideration organ ordered the county government to perform its duties within a specified time limit. The core dispute is whether the county government has a statutory compensation obligation and whether it constitutes a failure to act. Applicable laws: Article 47 of the Land Management Law, Article 29 of the Implementing Regulations of the Land Management Law; Article 66 of the Administrative Reconsideration Law.

I. Review of the Case

The compensation for land expropriation has been delayed for a long time, and villagers often search for "what to do if the compensation for land expropriation is not in place", "can the county government be reviewed for not replying to the application for performing duties", "can the villagers' group apply for administrative review by itself", and "who to ask for the unpaid social security compensation". The applicant is the Seventh Villagers' Group of Shuguang Village Committee in XX Town, A County, Guangxi Province, which legally enjoys the ownership and use rights of 153 mu of collective land in the jurisdiction and serves as the basic guarantee for villagers' production and living. The land involved in the case was included in the government's expropriation scope. Among them, the basic expropriation compensation for 83 mu of land has been paid, but the remaining 70 mu of land expropriation compensation has not been fully compensated and the social security compensation has not been paid. The villagers have communicated with the A County government and relevant departments many times but have not received clear responses, and their rights and interests continue to be damaged.

On November 12, 2025, the villagers' group mailed the "Application for Performance of Compensation and Resettlement Duties" to the A County government via EMS, requesting the county government to perform its statutory duties of compensation and resettlement in accordance with the law. The county government signed for receipt on November 14. Until the initiation of administrative review, the A County government still had no written response or substantive handling after exceeding the statutory response period of 60 days, constituting a typical case of administrative omission. To break the deadlock, the villagers' group entrusted Beijing Henglu Law Firm to handle the case.Zhai Chao LiThe lawyer acted as the agent and filed an administrative reconsideration request with the People's Government of Guilin City.

II. The focus of the case

  • Focus 1: Does the respondent have a clear statutory duty to provide compensation?The people's governments at the county level are the main bodies responsible for organizing and implementing land expropriation compensation and resettlement.
  • Focus II: Does the failure to reply within the time limit constitute administrative omission?After receiving the application for assuming office, if no response is given within 60 days, it violates the basic requirements of administrative procedures.
  • Focus 3: Does the failure to act infringe the applicant's legitimate rights and interests?The compensation stagnation results in the failure to implement social security and make up for the deficit, which directly infringes upon property rights and the right to livelihood security.

III. Professional intervention by Hengluo Lawyers

The applicant (village group) claims that:After the county government received the application for performance of duties, it failed to respond or take substantive action within the prescribed time limit, which constitutes administrative omission. We request that the county government be ordered to perform its duties of compensation and resettlement.

The respondent's (A County Government's) position:If a written response and evidence materials are not submitted within the statutory time limit, it shall be deemed that the administrative act lacks evidence and basis.

Legal Opinion by Hengluo Law Firm:Zhai Chao LiThe lawyer formed the agency opinion around three core issues: statutory duties, procedural violations, and infringement of rights. Firstly, according to Article 47 of the Land Management Law and Article 29 of the Implementing Regulations of the Land Management Law, county-level governments are responsible for negotiating with land rights holders, signing agreements, and implementing compensation payments. Secondly, according to Article 11 of the Administrative Reconsideration Law, citizens have the right to apply for reconsideration of the administrative organ's failure to perform its duties. The respondent's failure to respond within 60 days is a typical act of omission. Thirdly, the omission has led to the long-term stagnation of compensation and resettlement and the inability to implement social security, directly infringing on the villagers' property rights and right to a secure livelihood.

IV. Outcome of the case

On March 19, 2026, the People's Government of Guilin City registered the case, and found that the applicant mailed the application on November 12, 2025, and received it on November 14. Up to the time of submitting the appeal application, no response had been received; and the respondent failed to submit a written response and evidence basis within the statutory time limit. According to Articles 48 and 70 of the Administrative Review Law, if the respondent fails to submit a written response or evidence, it shall be deemed that the administrative act lacks evidence and basis; and finally, according to Article 66, the respondent (A County Government) shall be ordered to deal with the "Application for Fulfilling the Duty of Compensation and Resettlement" submitted by the applicant within the statutory time limit from the date of receipt of the decision.

5. Henglu Law Firm's Advice

"Inaction is the same as breaking the law" is an important barrier to protecting citizens' rights and interests. In this case,Zhi Chao LiAttorney (Practice Certificate No.: 11101202311629788, subject to the document issued by the judicial administrative organ): Reminder: When facing the administrative organ's failure to perform its duties, there's no need to give up on protecting your rights just because you think it's too difficult to "sue the government". After submitting the application for performance of duties, please keep the mailing receipt and the record of receipt. If the administrative organ fails to handle the matter within the prescribed time limit after receiving the application, it shall be deemed as failure to perform its duties. In this case, you can apply for administrative reconsideration to compel the administrative organ to perform its duties in accordance with the law.

VI. Common Questions and Answers about Land Acquisition and Demolition Cases

  1. Q: What should I do if the land expropriation compensation is not in place?
    A: You can first negotiate with the acquisition party. If the negotiation fails, you can submit the "Application for Fulfilling the Duties of Compensation and Resettlement" to the county-level government, keep the relevant documents, and then apply for administrative reconsideration or litigation.
  2. Q: If the county government fails to respond to the application for assuming duties, can the applicant request a reconsideration?
    A: Yes. After the administrative organ receives the application for performance of duties, it shall handle it within 60 days if there is no time limit for performance. If it fails to reply within the time limit, it shall be deemed as failure to perform its duties, and the administrative organ may order it to perform its duties through the reconsideration procedure.
  3. Q: Can villagers' groups apply for administrative reconsideration on their own?
    A: Yes. As the subject of the right to use collective land ownership, the villagers' group can apply for administrative review on behalf of itself regarding the failure to provide compensation and resettlement.
  4. Q: Who should I contact if I haven't received the social insurance compensation yet?
    A: The social security compensation is part of the land expropriation compensation and resettlement, and it should be implemented by the county-level government responsible for the expropriation. The affected party can file an application for review and challenge the decision through legal means.
  5. Q: What should I pay attention to when submitting a job performance application?
    A: Mail it by EMS and keep the receipt and signature records. Clearly state the request so that it will be easier to prove later that the administrative organ "received it but failed to handle it".