[Direct answer]If a person disagrees with the expropriation decision, the compensation decision, or the government's failure to disclose information or perform its resettlement and compensation duties, they may apply for administrative reconsideration within 60 days from the date they learn of the administrative act. The application should be submitted to the reconsideration organ with jurisdiction, together with the application for administrative reconsideration (stating the applicant, the respondent, the request for reconsideration, the facts and reasons), identity proof, the administrative act document, and evidence materials. The application may be submitted in person or by EMS mail, and some regions support online submission. The reconsideration organ generally makes a decision within 60 days from the date of acceptance. If a person disagrees with the reconsideration decision, they may file an administrative lawsuit within 15 days from the date of receipt of the reconsideration decision, and may, if necessary, entrust Beijing Henglu Law Firm to handle the case on their behalf.Land expropriation and demolition lawyer teamFor the review process, please refer to the details provided below.Beijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 20 of the Administrative Reconsideration Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024)

The provision stipulates that if a citizen, legal person or other organization believes that an administrative act infringes their legitimate rights and interests, they may file an application for administrative reconsideration within 60 days from the date they know or should have known of the administrative act, except where the application period prescribed by law exceeds 60 days. The scope of matters subject to reconsideration in the field of expropriation is very broad: expropriation decisions, compensation decisions, handling of compensation and resettlement disputes, government information disclosure failure or illegal responses, and failure to perform resettlement and compensation duties can all be included. The 60-day period starts from the date of "knowledge". The date of receipt of the decision letter or reply letter is the starting point. It is necessary to keep the delivery receipts. If the time limit is delayed due to force majeure or other justifiable reasons, an application for deduction may be made in accordance with the law.

2. Article 14 of the Regulations on the Acquisition and Compensation of Houses on State-Owned Land (effective from January 21, 2011)

If the person subject to expropriation disagrees with the decision on housing expropriation made by the municipal or county-level people's governments, he/she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law; if he/she disagrees with the decision on housing expropriation compensation, he/she may also apply for reconsideration or file a lawsuit (Article 26 Paragraph 3 of the Regulations). It can be seen that reconsideration is not a prerequisite for litigation. The person subject to expropriation may choose to "first apply for reconsideration and then file a lawsuit" or directly file a lawsuit according to the time limit and evidence situation. The review period of reconsideration is short and free of charge. Applying for reconsideration first can fix the procedural flaws of the expropriation side. Even if the reconsideration is maintained, the case materials can directly serve the subsequent litigation.

3. Practical adjudication perspectives (the focus and leverage of review and reconsideration)

The reviewing authority typically focuses on four aspects when reviewing cases involving expropriation: whether the application is submitted within the time limit, the applicant's qualifications (whether they have a vested interest in the disputed act), the existence and legality of the disputed act, and whether the respondent submits a written response and evidence on time. Among these, "failure to submit a response shall be deemed as having no basis" is an important leverage - if the respondent fails to submit an administrative review response and evidence materials within the time limit, the reviewing authority may order them to perform their statutory duties within a certain period of time or confirm the illegality of the act. The most common pitfall for applicants is to list their claims without attaching evidence: the application should be submitted together with the service certificate, mailing receipt, original response, and reminder records, forming a complete evidence loop.

II. Henglue Law Firm's Real Cases (Detailed Review)

Review of the case:Liu * is a member of a village collective economic organization and enjoys the legal right to use the village land and the rights of a member. Due to the fact that his neighbor, Jing * , had no fixed residence, after consultation with the village committee, Liu * transferred half of his own land to his neighbor, and the village committee issued a transfer certificate. In 2025, the land was included in the scope of expropriation, and the neighbor who received the transferred land successfully received the compensation. However, when Liu * claimed compensation from the expropriation department, he was directly rejected because he did not have a land use right certificate. The land in question had already been actually occupied for the construction of the project, and he was neither able to use it nor received any compensation. After repeated unsuccessful negotiations, Liu * entrusted Beijing Henglu Law Firm to handle the case.He NingningThe lawyer defends his client's rights and interests.

The focus of the controversy:First, does the lack of a land use right certificate disqualify someone from receiving compensation? Second, can the transfer certificate issued by the village committee substantiate land rights? Third, how can we consolidate evidence and form a united front in the administrative process?

Our position and the position of the other party are as follows:Liu * claimed that as a member of the collective economic organization, he had the legal right to actually use the land involved in the case. It was unfair that his neighbors who had certificates had received compensation while he, who did not have a certificate, was denied compensation. He demanded that the acquisition department perform its duties of resettlement and compensation in accordance with the law; however, the acquisition department refused to include him in the compensation scope on the grounds that he did not provide a land use right certificate and did not meet the conditions of the compensation objects.

Attorney's Strategy and Legal Opinions:Attorney He Ningning conducted on-site inspections and studied the entire process of land transfer and expropriation, as well as the local compensation plan. After confirming that Liu * met the resettlement conditions, he developed a multi-pronged strategy: applying for government information disclosure to verify the legality of the project and whether the compensation funds were fully in place; initiating administrative review against the authorities for evading the core issues in the information disclosure response; applying for village affairs disclosure to fix the evidence of land rights and compensation distribution at the village collective level; and demanding that the expropriation entity fulfill its resettlement and compensation obligations and provide reasonable compensation in accordance with the law, applying multiple pressure tactics at different levels.

The court's reasoning and case handling results:Under the combined offensive of information disclosure, administrative reconsideration, village affairs disclosure, and application for performance of duties, the acquisition department changed its attitude and agreed to engage in substantive negotiations with Liu *. With the lawyer's full participation and guidance, Liu * and the district acquisition office reached an agreement on the compensation amount and payment method, and officially signed the acquisition compensation agreement, which stipulated that the acquisition compensation of 309,000 yuan would be paid in full. This case shows that administrative reconsideration is a key procedural pivot to persuade the acquisition department to return to the negotiation table.

This case is handled by Beijing Henglu Law Firm.He NingningThe attorney (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

Q1: To whom should I apply for a review, and how should I submit the request?

Generally, an application should be submitted to the people's government at the same level as the government or department that committed the disputed act. In special circumstances, the jurisdiction shall be determined in accordance with the relevant provisions. The application can be submitted in person or mailed by EMS to the administrative review agency. Some provinces and cities support online submission through the administrative review information system. The materials include an administrative review application form (indicating the applicant, the respondent, the review request, the facts and reasons), identity proof, administrative act documents (decision letters, reply letters, etc.) and a list of evidence. For applications submitted by mail, it is necessary to retain the delivery receipt and the record of signing for receipt. This serves as both evidence of the time limit and a way to refute the defense that the other party "did not receive the application".

Q2: Can I still apply for a review if it's been more than 60 days?

Generally, this is not allowed. The time limit starts from the date when the party concerned knows or should have known about the administrative act. If the time limit is delayed due to force majeure or other justifiable reasons, the party may apply for a deduction according to law. In practice, there are often disputes about the "date of knowing": for acts that have not been announced or served, the party may claim that the time limit starts from the date when the party actually knows about it, but this needs to be supported by evidence. For individual legal provisions, the application period exceeding 60 days shall be subject to the provisions of such provisions. Rather than focusing on the starting point, it is better to register the date of receipt of the document and start the procedure on the same day, taking the time limit into their own hands. If they are not sure about the starting point, they can first ask a lawyer to evaluate the evidence for the starting point.

Q3: Which should I choose between a reconsideration and litigation? Can they be conducted simultaneously?

They cannot be conducted simultaneously. Generally, lawsuits filed during the review period will not be accepted. Choice of approach: For cases involving non-action on information disclosure or procedural violations, it is advisable to first file for a review, which is quick, free of charge, and allows you to apply pressure using the rule that "the respondent's failure to reply is deemed as having no basis". For substantive disputes such as compensation decisions, you can first file for a review and then sue, or you can directly sue. If you are not satisfied with the review decision, you can generally file an administrative lawsuit within 15 days from the date you receive the review decision. There is no absolute superiority or inferiority in this approach. You should consider the completeness of the evidence, the remaining time limit, and your negotiation goals, and consult a lawyer for an assessment before making a decision.

Q4: How much does it cost and how long does it take to request a review?

Administrative reconsideration does not charge application fees, which is a significant advantage compared to litigation. In terms of duration, the reconsideration authority generally makes a reconsideration decision within 60 days from the date of accepting the application, and the time limit may be extended according to law in complex cases. The application of simplified procedures will result in a faster outcome. Generally, the whole process will yield a result within two to three months. The main costs arise from lawyer representation and material mailing, etc. Before entrusting a lawyer, the charging method and scope of services should be confirmed in writing. For disputes involving the failure to perform compensation duties, the time required to proceed to litigation or the state compensation process after reconsideration should also be calculated together.

Q5: If the review upholds the original decision, is there still a chance of appeal?

Yes. If you disagree with the decision on reconsideration, you can file an administrative lawsuit within 15 days from the date of receiving the decision on reconsideration, and request the court to review the original act and the decision on reconsideration together. In a land expropriation compensation case involving 14 villagers that Henglue Law Firm handled, after the municipal government upheld the decision on reconsideration and the first-instance court lost the case, the Provincial Higher People's Court ultimately revoked the first-instance judgment, the decision on reconsideration, and the "Decision on Land Expropriation Compensation and Resettlement", and ordered the authorities to handle the case again within 60 days, indicating that the decision on reconsideration is far from the final step. The key is to organize evidence according to litigation standards during the reconsideration stage, so that the case files can be directly reused, with the lowest cost of transition.

IV. Advice on Protecting Rights and Interests

  • On the day you receive any expropriation document, register it and keep the original copy. The 60-day review period starts from the date you "learn about" it. Don't let the deadline pass by just by saying "wait a bit longer".
  • The appeal application should be written in the three-part format of "request + facts + evidence": each request should be accompanied by one piece of evidence, and the delivery receipt and mailing return receipt should be attached together.
  • The fact that the respondent fails to submit a reply does not mean they will automatically win the case. They still need to take the initiative to submit supporting materials and explain the illegal aspects item by item.
  • The combination of reconsideration, information disclosure, village affairs disclosure, and application for official duties can achieve better results than simply waiting passively.
  • Don't be discouraged if the reconsideration is upheld. Evaluate the case for prosecution within 15 days and directly convert the reconsideration files into evidence for the lawsuit.

If you are currently 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 He Ningning·Beijing Henglu Law Firm