[Direct answer]In the Beijing area, it is possible to modify the plan in accordance with legal procedures. The "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (implemented on January 21, 2011) stipulates that after the housing acquisition department formulates the acquisition and compensation plan, it shall submit it to the municipal or county-level people's governments. The government shall organize relevant departments to review and publicize the plan, solicit public opinions, and the consultation period shall not be less than 30 days. If the houses need to be acquired for the renovation of the old urban area, and most of the people whose houses are to be acquired believe that the acquisition and compensation plan does not comply with the provisions of these regulations, the municipal or county-level people's governments shall organize a hearing attended by the people whose houses are to be acquired and public representatives, and modify the plan according to the situation of the hearing. The "Land Management Law of the People's Republic of China" (amended in 2019 and implemented on January 1, 2020) also stipulates the same procedures for land acquisition, including public announcement, solicitation of opinions, and hearings. Therefore, the plan is not final and cannot be changed once it is announced. During the consultation, hearing, and subsequent stages, the acquirer can incorporate reasonable opinions and make adjustments; and the people whose houses are to be acquired can also put forward specific opinions on compensation standards, evaluation methods, area and use identification, resettlement methods, etc., to promote the modification of the plan.

1. Problem background and typical scenarios

The compensation plan directly determines the level of compensation, and the parties are most concerned about whether they can seek to modify it. There are three typical scenarios: first, the compensation standard is too low, with a large gap compared to the surrounding market prices; second, the identification of the area, use, or resettlement population does not match the actual situation; third, the arrangements for resettlement housing, transitional resettlement, and losses from production and business suspension are not clear. In practice in Beijing, the announcement and solicitation of opinions on the plan are statutory procedures. Submitting serious and specific opinions may not only affect the adjustment of the plan, but also serve as an important basis for claiming that the subsequent procedures are illegal.

II. Key points of contention

First, what procedures are required for formulating the plan. Second, are soliciting opinions and holding hearings mandatory? Third, what content falls within the scope of modification? Fourth, can opinions that are not adopted be used as grounds for subsequent litigation? Fifth, what is the relationship between the plan and the expropriation decision and the compensation decision? The key is to translate the opinions into specific provisions and evidence, and to make them legally binding through standardized procedures.

III. Professional analysis by Henglue Law Firm

Based on the expropriation and demolition cases handled by Henglue Law Firm, we can use a real case to illustrate the path of promoting substantive rights through procedural review. In this case, the client had not received land compensation for a long time during the state-owned land expropriation, and the expropriator refused to compensate on the grounds that the land was allocated by the state and could not be compensated. Our lawyers represented the client to apply for administrative reconsideration to the higher-level people's government, pointing out that the expropriator confused different legal relationships and failed to perform the compensation duty according to law. The expropriator's reply also violated the previous effective reconsideration decision. In the end, the reconsideration organ revoked the reply and ordered the expropriator to make a new handling within a limited time. This case reminds us that the expropriation compensation plan and its subsequent compensation handling must be subject to legality review. The plan can be modified during the consultation and hearing stages. If the expropriator refuses to perform the compensation duty or violates the procedures, the client can claim rights through administrative reconsideration and administrative litigation. Therefore, the expropriated persons should seize the nodes such as publicity and hearing to provide solid opinions and evidence to lay a foundation for subsequent remedies. This case was handled by Beijing Henglue Law Firm.Zhai Chao LiAttorney (practice license number: 11101202311629788, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action suggestions: First, submit specific opinions in writing during the consultation period and keep the delivery receipt; Second, raise objections to the compensation standards, evaluation methods, determination of area and use, and resettlement methods one by one; Third, attach evidence materials such as ownership, surveying and mapping, and operating losses; Fourth, pay attention to whether a hearing is organized, actively participate in it and express opinions; Fifth, if the opinions are not adopted or there are procedural flaws, apply for administrative reconsideration or initiate administrative litigation in a timely manner. For matters involving the compensation plan for expropriation and administrative relief, you can refer to the relevant provisions.\nExpropriation and demolition vs. administrative litigation; For reference on the execution of compensation payments, please refer to the following document.Creditor's rights and debts, and enforcement casesLegal basis: The "Regulations on the Acquisition and Compensation of Houses on State-Owned Land" (implemented on January 21, 2011) regarding the provisions on the announcement of the acquisition and compensation plan, solicitation of opinions, and hearings; the relevant provisions of the "Land Administration Law of the People's Republic of China" (amended in 2019 and implemented on January 1, 2020). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the compensation plan is not finalized once it is announced, and the consultation and hearing stages are important opportunities for feedback. Secondly, opinions should be submitted in writing, be specific, and include supporting evidence. Thirdly, procedural flaws may become grounds for subsequent litigation. Fourthly, if the opinions are not adopted, they should be promptly escalated to the reconsideration or litigation stages. For matters related to the compensation plan for expropriation, you can proceed through the following channels:\nExpropriation and demolition vs. administrative litigationThe service acquisition, which involves the execution of compensation payments, can be combined with other services.Creditor's rights and debts, and enforcement casesFor matters involving property and land ownership, you can refer to the following document for reference.Property sales and construction projectsColumn.

VI. Frequently Asked Questions

Q1: Can the compensation plan be modified after it has been announced?

Yes. During the consultation, hearing, and subsequent stages, the acquisition party can incorporate reasonable suggestions for adjustments; and the acquired party can also submit written opinions on specific provisions to promote amendments.

Q2: Who should I contact if I have any suggestions about the compensation plan?

Generally, the application should be submitted to the municipal or county-level people's governments that have announced the plan, or to their housing expropriation departments. It should be in written form and the delivery receipt or reply slip should be kept for future evidence-gathering purposes.

Q3: Under what circumstances will a hearing be organized?

Taking the expropriation of housing on state-owned land as an example, when expropriating housing for the reconstruction of the old urban area, if most of the expropriated people think that the expropriation plan does not comply with the regulations, the government shall organize a hearing attended by the expropriated people and public representatives.

Q4: What should I do if my opinion is not adopted?

You can pay attention to the subsequent stages such as the decision on expropriation and the decision on compensation, and apply for administrative reconsideration or initiate administrative litigation in accordance with the law to request the revocation of illegal administrative acts and obtain fair compensation.

Q5: Can the violation of the program procedures be used as a ground for litigation?

Yes. Procedural flaws such as not being published in accordance with the law, not soliciting opinions, or not organizing hearings may become grounds for claiming that the relevant administrative acts are illegal.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Attorney Xie Chao Li·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. If a dispute arises, please consult a practicing lawyer in time.