[Direct answer]In the Beijing area, applications for government information disclosure are generally submitted to the "administrative organ that produces or stores the information". For information related to land expropriation and demolition, applications are mostly submitted to the municipal and county-level governments and their natural resources and housing construction departments. According to Articles 10 and 27 of the "Regulations on Government Information Disclosure of the People's Republic of China", government information produced by administrative organs shall be disclosed by the producing organs themselves, and can be submitted through the channels specified by the citizens. The application should indicate the name, contact information, name of the government information, and the form of obtaining it. For land expropriation approvals, expropriation announcements, compensation plans, etc., applications can be made item by item and the purpose of use should be specified. For more details, please refer to the following link:Legal services for land expropriation and demolition, and administrative litigation.

I. Problem Background and Typical Scenarios

In the process of land expropriation and demolition, government information disclosure is the first step to verify the legality of the expropriation. Typical requests include: applying for the disclosure of the land expropriation approval documents, the pre-announcement and announcement of the expropriation, the social stability risk assessment reports, the compensation and resettlement plans and announcements, and the proof of the availability of compensation funds. Many parties do not know "who to apply to or what to apply for", or are simply told "the information does not exist" or "it is not within the scope of disclosure". Clarifying the accepting authorities and the scope of application is the first step to break through the information black box. For matters involving the performance of compensation agreements, it can be combined with other relevant materials.Creditor-debtor relations and enforcement case servicesFixed equity evidence.

II. Key points of contention

There are three main points of contention. Firstly, the accepting authority: who should produce and store the information and apply to this authority? Cross-level or cross-departmental responsibilities are prone to shifting blame. Secondly, the obligation to respond: administrative authorities should respond within the statutory time limit and provide evidence to prove that they have fulfilled their obligation to search for the information if they claim that the information "does not exist". Thirdly, the scope of disclosure: land expropriation announcements and compensation plans are matters that should be actively disclosed according to law, and cannot be refused on the grounds that they were prepared by non-statutory entities. For information related to construction approval, reference can be made to the relevant provisions.Real estate sales and construction project servicesDetermine the ownership of the information.

III. Professional analysis by Hengluo Law Firm

Based on our practical observations in handling cases involving the disclosure of land expropriation information, the most common violation is "evading disclosure by claiming that the information does not exist". According to Article 33 of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (effective May 15, 2019), administrative authorities shall respond within 20 working days from the date of receipt of the application; for statutory disclosure items such as land expropriation announcements and compensation plans, counties and higher-level governments are the entities responsible for producing and preserving the information, and cannot refuse to disclose it on the grounds that it is not produced by legally designated entities. Hengluo Lawyers usually recommend: when applying, list the name of the information and the legal basis item by item, and keep the mailing receipts and sign-in records; for responses that evade the main issues or claim that the information "does not exist", resolutely initiate administrative review or litigation and require the administrative authorities to provide evidence that they have searched for the information in accordance with the law. For cases involving multiple parallel procedures, they can be connected up.Special services and other case servicesForm a group to protect their rights and interests.

IV. Practical suggestions and legal basis

The legal basis is Article 10 (Disclosing Subjects), Article 27 (Application Channels), Article 33 (Reply within 20 working days), and Article 36 (Reply Handling Methods) of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (effective May 15, 2019); and Article 28 and Article 32 Paragraph 4 (Disclosure of Land Expropriation Announcements and Compensation Fund Certificates) of the "Implementation Regulations of the Land Management Law of the People's Republic of China" (effective September 1, 2021). Practical suggestions: First, confirm the information-producing and -preserving authority before submitting the application; state the name of the information, its purpose, and the method of obtaining it in the application; retain the mailing and receipt certificates; seek remedies within the time limit for reconsideration and litigation against the refusal to disclose information or the reply that "the information does not exist"; and check the legal elements of the announcements, stability assessments, plans, and fund certificates item by item. For procedures involving rights remedies, refer to the relevant provisions.Criminal defense and criminal case filing services\nDetermine the boundaries.

5. Henglu Law Firm's Advice

Information disclosure is the "door-opener" for safeguarding rights in land expropriation. Never give up just because someone says "it doesn't exist". The first step is to identify the accepting authority, list the application content item by item, and keep a record of it; the second step is to check the completeness of the reply against the statutory disclosure elements; the third step is to appeal or litigate according to the law against any evasive responses. When applying, make sure to provide your identity information, contact details, and the purpose of the application, to avoid being asked to make corrections and causing delays. If you need to coordinate multiple procedures to safeguard your rights, you can refer to the following guide for reference.The official website of Beijing Henglu Law FirmThe special service section of the website.

VI. Frequently Asked Questions

Q1: If the reply to my request for information disclosure says "the information does not exist", can I seek legal redress?

Yes. If the administrative organ refuses to disclose information on the grounds that "the information does not exist", it must provide evidence that it has fulfilled its obligation to search for the information in accordance with the law; if the information falls within the scope of being produced or disclosed, its response may constitute a failure to perform the disclosure duty in accordance with the law. The party concerned may initiate an administrative review or administrative litigation and require the administrative organ to explain the search process and scope. For information that should be disclosed but has not been produced or disclosed, the review or trial organ may order it to disclose the information or provide a new response. The lawyer will first verify the legal ownership of the information and then determine the remedial path.

Q2: To apply for the disclosure of land expropriation information, what materials do I need to prepare?

The core materials include: the applicant's identity certificate (citizens submit ID cards, and legal persons submit licenses and authorizations); an application form stating the name and purpose of the information; mailing receipts and signing records; and clues pointing to the ownership of the information (such as project names, approval document numbers, and plot boundaries). The application form should list the information to be disclosed item by item, such as land expropriation approvals, expropriation announcements, compensation and resettlement plans, and proof of fund availability, and indicate the method of obtaining the information (paper or electronic). Having all the required materials will help shorten the response period.

Q3: How much does it cost to hire a lawyer to represent me in the reconsideration of information disclosure?

The fees for information disclosure review and litigation are usually charged on a per-case basis, with the specific charges subject to the contract of entrustment and without a unified standard. Review itself does not incur fees, while litigation fees are charged on a per-case basis according to the "Measures for the Payment of Litigation Fees", with the amount being relatively low and borne by the losing party. It is recommended to clarify the scope of fees with the law firm before entrusting them, and to budget for information disclosure as part of the overall protection of rights, so as to avoid excessive single-point investment affecting the subsequent pace of review and litigation.

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

According to Article 33 of the Regulations on the Openness of Government Information, administrative authorities shall provide a response within 20 working days from the date of receipt of the application; if an extension is necessary, the maximum period shall not exceed 20 working days; if the application needs to be supplemented, the period for supplementation shall not be included in the time limit. For those who are dissatisfied with the response, the time limit for reconsideration is generally 60 days, and the time limit for litigation is generally 6 months. Overall, it often takes several months to half a year from submitting the application to completing the reconsideration or the first-instance trial. It is recommended to fix the evidence of mailing and receipt at the same time.

Q5: Which government agency should I apply to for information disclosure regarding land expropriation and demolition?

The principle is "who makes it, who keeps it, and who applies to it". The land expropriation approval is applied to the approving authority (the State Council or provincial governments) and the natural resources departments; the pre-announcement of expropriation, the announcement of expropriation, the compensation and resettlement plan, and the proof of funds shall be made and kept by the governments at or above the county level and applied to them according to law; if it involves house identification and construction, it shall be applied to the departments of housing and urban-rural development or planning. Corresponding to each acceptance authority can improve the response rate. For details, please refer toLegal services for land expropriation and demolition, and administrative litigation.

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 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 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.