[Direct answer]Yes. The expropriated individuals have the right to inquire about the expropriation approval documents, land expropriation approval notices, expropriation announcements, compensation and resettlement plans, and the list of resettled individuals through government information disclosure applications. According to Article 33 of the Regulations of the People's Republic of China on Government Information Disclosure (amended and implemented on May 15, 2019), if the administrative organ cannot respond to the application on the spot, it shall respond within 20 working days from the date of receipt of the application. If the response time needs to be extended, it shall be subject to the approval of the responsible person and informed to the applicant. The maximum extension period shall not exceed 20 working days. If the organ fails to respond within the time limit or provides an incorrect response, the applicant may file for reconsideration or litigation in accordance with the regulations and the Administrative Review Law, and request the organ to perform its duties. It is recommended that the applicant specify the specific document name and purpose when making the application, and keep the records of mailing and receipt. For more details, please refer to the relevant provisions.Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

After the expropriation process begins, many expropriated individuals are unaware of whether there are legal approval documents or how the compensation plan is determined, and they worry about issues such as "expropriating without approval" and "using demolition of illegal buildings to facilitate expropriation". Typical scenarios include: only seeing a notice but not being able to find the approval documents; being told "the information doesn't exist" when requesting public disclosure; receiving vague responses from authorities about meeting minutes while avoiding specific lists; and being unable to obtain the original copy when the agreement amount differs from what was agreed upon. Information disclosure is the first step in verifying the legality of the expropriation process and also serves as the evidence base for subsequent appeals, litigation, and negotiations. For cases involving property rights, the following measures can be taken:Real estate sales and construction project servicesCoordinate and plan things in an organized and efficient way to achieve the best results with the least effort.

II. Key points of dispute

There are three key points of contention in the public information disclosure dispute. Firstly, the scope of disclosure: the announcement of expropriation, the approval of land expropriation, the compensation plan, the resettlement list, and the treatment all belong to matters that should be disclosed proactively or upon request; Secondly, the obligation to respond: whether the authorities' excuses such as "not the producer of the information", "the information does not exist", or "the content does not meet the requirements" constitute a failure to fulfill their duties; Thirdly, the burden of proof: when the authorities claim that the information does not exist, they often need to prove that they have searched for it in accordance with the law. If they make vague excuses or give irrelevant responses, it still constitutes a failure to fulfill their duty to respond in accordance with the law. For cases involving the inheritance of housing base rights, reference can be made to the relevant provisions.Inheritance succession and family property division services.

III. Professional analysis by Hengluo Law Firm

A case of information disclosure review that our firm handled can serve as an example. Thirteen farm workers and their families in A County, Hunan Province, were affected by the farm's restructuring and the expropriation of their land and houses in 2010. To verify the legality of the expropriation, they entrusted Beijing Henglu Law Firm to handle the case for them.文品良The lawyer (practice license number: 11101201910111365, subject to the document issued by the judicial administrative organ) safeguarded the client's rights. On April 18, 2014, the lawyer mailed an application form to the county government, requesting the disclosure of the reform plan, the expropriation announcement, the resettlement and compensation plan, and the list of resettled personnel, etc. On May 24, the lawyer only received a meeting summary and again requested the disclosure of the "housing resettlement method and the list of houses delivered to the residents". After receiving the reply on June 6, the county government has not responded to the request so far. According to Article 33 of the "Regulations on the Disclosure of Government Information", the county government's failure to respond within 20 working days after receiving the application and not applying for an extension clearly violates its statutory duties. Therefore, the lawyer filed an administrative review request with the municipal government in accordance with the "Administrative Review Law", requesting the county government to respond within 20 working days. The review authority ultimately supported the lawyer's opinion and ordered the county government to respond within the time limit, successfully safeguarding the client's right to information. This case shows that standardizing applications and timely review are the key to unlocking expropriation information.

IV. Practical suggestions and legal basis

The legal basis is Article 33 (response period), Article 36 (response form), and Article 51 (remedies) of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (amended and implemented on May 15, 2019); as well as the provisions on the jurisdiction and time limit of administrative reconsideration in the "Administrative Reconsideration Law of the People's Republic of China" (implemented on January 1, 2024). Practical suggestions: When applying, specify the name of the document, its file number, and its purpose; send it by postal EMS and keep the receipt; if the authority fails to respond within the legal time limit or evades responsibility, initiate reconsideration or litigation within the legal time limit; for responses stating that "the information does not exist", require the authority to explain the search process. For cases involving cross-regional collaboration, relevant parties may cooperate with each other.Special services and other case services.

5. Henglu Law Firm's Reminder

Don't be afraid of being "ignored" when applying for a land expropriation approval document. First, make your application specific and send it with supporting evidence; second, keep an eye on the 20-working-day response period. If the deadline is exceeded, it will constitute a fixed illegal fact; third, resolutely file for reconsideration or litigation, and request the government to fulfill its duties. Note to keep the mailing receipt, signature record, and follow-up records to prove that you have applied for the government to fulfill its duties and have not received a legal response. If the information is directly related to compensation interests, you should start the process as soon as possible to avoid losing evidence over time or being passive in protecting your rights after the project progresses, thus missing the window for relief.

VI. Frequently Asked Questions

Q1: Can I find the land expropriation approval and expropriation announcements through an application for information disclosure?

Yes. Documents such as the approval for expropriation, the expropriation announcement, the pre-announcement of land expropriation, the compensation and resettlement plan, and the list of resettled personnel are all matters that should be made public and can be applied for according to law. When applying, please specify the name and document number of the document. The authority shall respond within 20 working days. If the authority evades responsibility by saying "the information does not exist", you can ask them to explain the search process and file a review or lawsuit in accordance with the "Regulations on the Disclosure of Government Information" to request that the information be disclosed, verify the legality of the expropriation, and fix evidence for subsequent compensation and rights protection.

Q2: What materials and evidence are required for an application for information disclosure?

The core materials include: an application form for information disclosure (indicating the name of the required documents, document number, and purpose), the applicant's identity certificate, postal EMS mailing receipts and signing records, follow-up or communication records, the original response (if any), and materials that can prove the applicant's interest in the information (such as ownership certificates and compensation agreements). The key point is to prove that the applicant has filed an application for information disclosure and has not received a response in accordance with the law, so as to establish a complete chain of evidence for subsequent review or litigation, and to avoid being defended with the argument of "not having filed an application".

Q3: If the government does not respond to an application for information disclosure, how much does it cost to protect one's rights?

Generally, administrative reconsideration does not charge fees; the acceptance fees for administrative litigation cases are relatively low. According to the "Measures for the Payment of Litigation Fees", the fees are charged by the number of cases or the subject matter, and shall be borne by the losing party. Lawyer's fees are charged according to the complexity of the case and the workload, either by the number of cases or by the hour, with the specific charges subject to the contract of entrustment. Compared with the potential compensation benefits that may be recovered, the cost of safeguarding rights through information disclosure is usually manageable. It is recommended to first evaluate the scope of fees and the conditions for refunds, make rational investments, and avoid making small disputes uneconomical due to high costs.

Q4: How long does it usually take from applying for information disclosure to receiving a response?

The administrative organ shall respond within 20 working days after receiving the application. If an extension is necessary, the maximum extension period shall be 20 working days, and the applicant shall be informed of this. If there is no response within the time limit, the review period is generally 60 days, and the time limit for filing an administrative lawsuit is 6 months. Overall, a successful response takes about one to two months; if the applicant encounters prevarication and enters the review or litigation process, the time may be extended by several months to half a year. It is recommended to keep records throughout the process and initiate relief measures upon the expiration of the time limit to avoid wasting time and preventing the loss of evidence after the project has been implemented.

Q5: If my request for information disclosure is denied or the response is irrelevant, what should I do?

There are three steps: First, review whether the response addresses the application content one by one, accurately and completely. Making general excuses or giving unrelated answers still constitutes a failure to perform duties; Second, initiate an administrative review within the statutory time limit and request that the respondent be ordered to provide a new response; Third, if you are still not satisfied with the review, initiate an administrative lawsuit. When applying, specify the specific documents, keep the mailing and receipt certificates, and, if necessary, hire a lawyer to sort out the obligations of retrieving evidence and the rules of evidence to improve the success rate. You can first go through the following process:Land expropriation and demolition legal servicesConsultation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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·Attorney Wen Pinliang·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 case of disputes, please consult a practicing lawyer in time.