[Direct answer]Generally, there is no charge. When administrative authorities provide government information upon request, they are, in principle, not charged a fee; however, if the number and frequency of requests for government information by applicants significantly exceed a reasonable range, the administrative authorities may charge an information processing fee, the specific standards of which shall be formulated by the competent price departments under the State Council in conjunction with the financial departments under the State Council and the competent departments for government information disclosure work nationwide. In other words, normal applications for the disclosure of demolition information are free of charge. Only repetitive and massive applications that clearly exceed a reasonable range may result in information processing fees. When applying, applicants should provide their personal information and the name, document number, or characteristic description of the information they need, and keep the proof of the application and response for future review or litigation.
I. Problem background and typical scenarios
The people subject to expropriation often hear that "applying for information disclosure requires paying a fee", so they hesitate and miss the best opportunity to understand the basis of the expropriation. In fact, information disclosure is a right to know granted by law to citizens and legal persons, and the government generally does not charge fees for disclosure upon request; even if there are fees involved, they are only for applications that are obviously beyond the scope or exceed the frequency. Understanding this point can help people exercise this right with confidence and in accordance with regulations.
II. Key points of dispute
First, is there a fee for disclosing information upon request? Second, under what circumstances is an information processing fee charged? Third, what information must be included in the application? Fourth, how can one seek remedies in the event of a rejection or delay?
III. Professional analysis by Henglue Lawyers
First, the charging principle: Administrative authorities shall provide government information upon request without charging fees; this is a principle and also the basis for the applicants to apply with confidence. Second, exceptional circumstances: Where the number and frequency of the applicant's requests for disclosure of government information significantly exceed reasonable limits, the administrative authorities may charge an information processing fee; this mainly applies to repetitive and massive requests. Normal requests for verification of expropriation documents will not be affected. Once receiving a charging notice, the applicant should first check whether it meets the standard of "significantly exceeding reasonable limits". If necessary, they may apply for reconsideration or litigation. Third, application elements: The application shall specify the applicant's name or title, identity proof and contact information, and clearly state the name, document number or other characteristic descriptions of the required government information, as well as the method and channel of obtaining the information. The more specific the description is, the easier it is to retrieve and the less likely it will be returned on the grounds of "unclear targeting". Fourth, remedies: The administrative authorities shall respond within the prescribed time limit upon receipt of the application. Where the information can be disclosed, it shall be disclosed; where it cannot be disclosed, the reasons shall be explained. For failure to respond, refusal to disclose, or evading responsibility by claiming that the information "does not exist", the applicant may apply for administrative reconsideration or initiate administrative litigation, and may request in the litigation that the act of failing to perform the duty of disclosure be confirmed as illegal. He Ningning, a lawyer of our firm, has twice promoted information disclosure through administrative reconsideration in land expropriation cases, helping villagers obtain the required documents; Liu Xiangying and Wu Jianni, lawyers, have also promoted substantial progress in demolition rights protection by linking information disclosure with subsequent litigation.
IV. Practical suggestions and legal basis
The first step is to clarify the application object and required documents, and draft a standardized application form. The second step is to specify the applicant's identity, the name and characteristic description of the information, and the method of obtaining it. The third step is to retain the application certificate and the reply document, and record the receipt time. The fourth step is to apply for a review or initiate legal proceedings in a timely manner if there is no reply or the application is rejected. The fifth step is to avoid submitting repetitive applications with similar content for the same matter, which not only reduces the risk of being deemed "obviously exceeding a reasonable scope", but also facilitates focusing on obtaining the truly needed documents. Main legal basis: Article 42 of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (amended in 2019 and effective from May 15, 2019) regarding the provision of government information without charging fees upon request, the possibility of charging information processing fees when the scope exceeds a reasonable range, and related provisions on the content of the application and the response period; the specific application shall be subject to the currently effective regulations.
5. Henglu Law Firm's Advice
There are three key points regarding the charging for information disclosure: 1. The principle of disclosing information upon request is free of charge, but a processing fee will be charged only when the scope or frequency of requests clearly exceeds normal levels. 2. Applicants should provide clear and detailed information, with the name and characteristic descriptions being as specific as possible. 3. If no response is received or disclosure is denied, applicants should proceed with administrative review or litigation and keep all relevant evidence. For matters related to expropriation and demolition, applicants can seek assistance through legal channels.Land expropriation and demolition, and administrative litigationYou can combine the services into a comprehensive solution that involves administrative litigation procedures.Special servicesFor reference, you can check the sections related to real estate and engineeringReal estate transactions and construction projectsFor any questions regarding the enforcement of creditor's rights, please feel free to consult us.Creditor's rights and debts, and enforcementTeam.
VI. Frequently Asked Questions
Q1: Do I need to pay to apply for the disclosure of government information?
In principle, there is no charge. However, if the quantity and frequency of requests significantly exceed a reasonable range, the administrative authorities may charge an information processing fee.
Q2: What counts as clearly exceeding a reasonable range?
It generally refers to applications that are repeated, excessive in quantity, and obviously exceed normal requirements. Whether a fee is charged or not should be determined based on specific standards.
Q3: What should be included in the application?
The applicant's identity and contact information, the name, document number, or characteristic description of the required information, and the methods and channels for obtaining the information.
Q4: What should I do if the government doesn't respond?
You can apply for an administrative review or initiate an administrative lawsuit to require them to fulfill their duty of disclosure.
Q5: What is the use of information disclosure in demolition?
Being able to verify the project's approval, the scope of expropriation, and the compensation standards, and identifying any procedural violations, is an important starting point for protecting one's rights.
This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.