[Case Summary]This case is an administrative review case involving the failure to perform statutory duties. Liu Dashan's house was included in the scope of the demolition of shantytowns in Tianjin A District, and in May 2025, he entrusted Beijing Henglu Law Firm to handle the case.Zhai Chao LiThe lawyer mailed the "Application for Fulfilling the Resettlement and Compensation Duties" to the A District Government, and it was signed for receipt on June 3rd. On July 31st, the district government promised in its reply to issue the housing identification result within three months. Liu Dashan submitted all the materials on August 5th, but as of November, the district government still hadn't completed the identification and provided no explanation.Zhi Chao LiThe attorney filed an appeal to the Tianjin Municipal Government, and the review organ ordered the district government to make a determination within 60 days. The core dispute is whether the district government's failure to fulfill its administrative promise constitutes omission. Applicable laws: Article 4 and Article 24 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land"; Article 66 of the "Administrative Review Law".

I. Review of the case

"棚改房屋认定一直拖着怎么办""政府承诺了又不兑现能复议吗""房屋征收补偿不履行职责去哪告"，是被征收人高频疑问。刘大山系天津市A区XX路房屋权利人，房屋被划入A区棚户区改造（旧城区改建）项目征收范围。2025年5月，在Zhai Chao LiUnder the guidance of the lawyer, Liu Dashan mailed the "Application for the Performance of Resettlement and Compensation Duties" to the A District Government, explicitly requesting the government to perform its compensation and resettlement duties in accordance with the law and to proceed with the house identification and compensation. The A District Government signed for receipt of the document on June 3rd.

On July 31, the A District government issued a "Reply", confirming that the house was within the scope of the expropriation and that the identification work had been initiated. It required Liu Dashan to cooperate in providing materials within one month and promised in writing to make the identification results within three months after receiving the materials. With the assistance of a lawyer, Liu Dashan submitted all the required materials on August 5, 2025, fully fulfilling his obligation to cooperate. However, by November 2025, three months after the submission of the materials, the A District government still had not made the identification or provided any explanation, and the expropriation compensation process was stalled.Zhai Chao LiThe lawyer believes that the district government violated legal procedures and failed to fulfill its administrative commitments, constituting a typical omission of duty. On behalf of Liu Dashan, the lawyer filed an administrative review with the Tianjin Municipal Government.

II. The focus of the case

  • Focus 1: Does the government of Area A have a statutory duty to perform its duties?As the statutory subject of housing expropriation within the scope of expropriation, it is responsible for compensation and resettlement, as well as housing identification.
  • Focus 2: Has Liu Dashan fully fulfilled his obligation to cooperate with the investigation?He/she submitted all the certification materials on schedule and did not violate the contract or fail to cooperate in any way.
  • Focus 3: Does the failure to fulfill an administrative promise constitute omission of action?The district government promised to announce the results within three months, but it exceeded the deadline. Is that illegal?

III. Professional intervention by Hengluo Lawyers

The applicant (Liu Dashan) claims that:We have fully cooperated in submitting the materials, but the district government failed to make a determination within the three-month time limit as promised. This constitutes administrative omission. We request that the government confirm the violation and order it to perform its duties within a specified timeframe.

The respondent (the A District Government) argued that:It has fulfilled the duties of the relevant department of the organization in identifying the housing, and the "Reply" it issued is factually clear, procedurally legal, and appropriately contented. We request that it be maintained.

Legal Opinion by Hengluo Law Firm:Zhi Chao LiThe lawyer formulated the strategy of "confirming the violation + ordering the government to perform its duties within a specified time limit", pointing out that: According to Article 4 and Article 24 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land", the A District government has legal obligations and the duty to perform its duties is legally binding; Liu Dashan submitted all the materials as required, and the administrative promise meets the prerequisites for performance; the district government's failure to perform its duties within the specified time limit violates its own legal commitments and statutory procedures, constituting a typical omission of duty.

IV. Outcome of the case

The review organ held that the respondent is the legal entity responsible for the expropriation of houses on state-owned land within the scope of expropriation, and is legally obligated to provide compensation and resettlement and to make a determination on the value of the houses. However, the respondent failed to fulfill its legal obligations after receiving the application for performance of duties and making an administrative promise to deliver the results within three months, which constitutes a failure to perform its legal duties. In accordance with Article 66 of the Administrative Review Law, the review organ decided to order the respondent to handle the application for performance of resettlement and compensation duties submitted by the applicant within 60 days from the date of receipt of the review decision, and to make a determination on the value of the houses claimed by the applicant.

5. Hengluo Law Firm's Reminder

The administrative promise made by the administrative organ is legally binding, and failure to perform it within the time limit constitutes omission. In this case,Zhi Chao LiAttorney (Practice Certificate No.: 11101202311629788, subject to the document issued by the judicial administrative organ): Reminder: After the expropriated person submits the application for performance of duties, if the administrative organ has promised a performance period but fails to meet the deadline, the expropriated person can fix the commitment document and the submission certificate, and through administrative reconsideration, order the administrative organ to perform its duties within the time limit, and legally compel the administrative organ to provide compensation according to law.

VI. Common Questions and Answers for Special Service Cases

  1. Q: What should I do if the identification of the housing in the shantytown renovation project has been delayed for a long time?
    A: You can submit an application for performance of duties to the district government that made the expropriation. If the government still fails to make a determination after the expiration of the promised time limit, you can apply for administrative reconsideration to order it to handle the matter within a specified time limit.
  2. Q: If the government makes a promise but fails to fulfill it, can we request a review of the decision?
    A: Yes. The administrative promise of the administrative organ is legally binding. If it fails to perform its obligations within the time limit, it constitutes omission of action. The administrative organ may review and confirm the illegality of the act and order it to perform its duties.
  3. Q: Where can I report a failure to fulfill duties in housing expropriation compensation?
    A: First, apply for administrative reconsideration to the superior government of the authority or the government at the same level. If you are not satisfied with the reconsideration result, you can then file an administrative lawsuit.
  4. Q: How long will it take to get the result after submitting the materials for the qualification assessment?
    A: There is no unified statutory time limit, but if the administrative organ voluntarily promises a time limit, it should fulfill it within the time limit. If the time limit is exceeded, the party concerned may claim that the administrative organ has failed to take action.
  5. Q: Can the review process require the government to fulfill its duties within a specified timeframe?
    A: Yes. According to Article 66 of the Administrative Reconsideration Law, if the respondent fails to perform its statutory duties, the reconsideration organ may decide that it shall perform them within a certain period of time.