[Direct answer]In the Beijing area, the land expropriation compensation and resettlement plans generally should specify the scope of expropriation, the current status of the land, the purpose of expropriation, the compensation methods and standards, the resettlement objects, the resettlement methods, social security, etc. According to Articles 47 and 48 of the Land Administration Law of the People's Republic of China (amended on August 26, 2019 and implemented on January 1, 2020), the plans shall be announced within the townships (towns) and villages, and villagers' groups where the land to be expropriated is located for no less than 30 days. If the majority of the members of the rural collective economic organizations whose land is to be expropriated consider the plans not in accordance with the regulations, a hearing shall be organized; for rural villagers' dwellings, the villagers' wishes shall be respected, and measures such as rearranging plots for house construction, providing resettlement housing, or monetary compensation shall be taken, in accordance with the principle of compensation first and then relocation, and the improvement of living conditions.

I. Problem background and typical scenarios

Many people who have been subject to expropriation only receive a notice, without understanding what should be included in the plan or what the omissions mean. In reality, it's common to first demolish and then negotiate, only discussing monetary compensation without addressing resettlement, using compensation methods and standards from years ago, or vaguely describing the implementation of social security costs in the plan. The compensation and resettlement plan is not only the direct basis for signing agreements and making compensation decisions in the future, but also the first document for reviewing the legality and fairness of the expropriation. If people don't understand the plan, subsequent negotiations and remedies will lose their basis.

II. Key points of contention

First, is the content complete? If the plan omits necessary items such as social security costs, the construction and delivery arrangements for resettlement housing, and transitional temporary resettlement subsidies, it is considered incomplete. Second, are the standards legal? The land compensation fees and resettlement subsidies should be determined based on the comprehensive land price of the area. The comprehensive land price should be adjusted and announced in a timely manner. Using outdated standards for many years may lead to significantly lower compensation levels. Third, are the resettlement methods limited? The statutory methods include rearranging housing plots for construction, providing resettlement housing, and monetary compensation. Excluding one of these methods or limiting the choice to only one may constitute an undue restriction on the right to choose a compensation method. Fourth, are the procedures compliant? The pre-announcement of the proposed land expropriation, the status quo investigation and social stability risk assessment, the announcement of the plan for no less than 30 days, the hearing of opinions and the organization of hearings, and the signing of compensation and resettlement agreements cannot be reversed in order. Fifth, are the evaluation data admissible? Using an unserved and unconfirmed evaluation draft as the basis for the final decision is considered insufficient evidence.

III. Professional analysis by Henglue Lawyers

This case is an administrative review case. The client owns a legal residential plot and house in his village and holds the corresponding ownership certificates. However, the house was forcibly demolished in May 2023 without signing a compensation and resettlement agreement or receiving any relevant notice, and the compensation and resettlement have been pending for a long time. In April 2025, the client mailed a "Application for Performance of Compensation and Resettlement Duties" to the district people's government, but in June of the same year, the district government office issued a "Notice" requiring him to negotiate and sign a contract with a certain town, with obvious differences in compensation treatment compared to similar houses. After unsuccessful negotiations, the client entrusted lawyers from Beijing Henglu Law Firm to apply for administrative review and request the revocation of the "Notice". The lawyers adopted the approach of "targeting authority loopholes, strictly following legal procedures, and upholding fair principles": Firstly, according to the Land Management Law and its implementation regulations, the district people's government is responsible for compensation and resettlement work in its jurisdiction, and requiring the client to negotiate with the town is a disguised evasion of legal duties; Secondly, according to Article 48 of the Land Management Law, fair and reasonable compensation should be provided to ensure that the original living standards of the expropriated persons are not reduced. However, calculating compensation based on old standards and principles of fair compensation is inconsistent with the law; Thirdly, the district government office is an administrative agency and has no right to issue responses to compensation and resettlement duties, making it an unqualified subject, and the "Notice" should be revoked. The review authority concluded that the "Notice" and existing evidence could not prove that the administrative organ had fulfilled its compensation and resettlement duties. According to Article 64 of the Administrative Review Law of the People's Republic of China, it decided to revoke the "Notice" and ordered the respondent to handle the application for performance of duties within 60 days from the date of receipt of the decision. This case was handled by Beijing Henglu Law Firm.Zhai Chao LiThe lawyer (practice certificate number: 11101202311629788, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Article 47 and Article 48 of the Land Administration Law of the People's Republic of China (amended on August 26, 2019 and implemented on January 1, 2020) and the provisions on the announcement and implementation of the land expropriation compensation and resettlement plan in the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended on July 2, 2021 and implemented on September 1, 2021); Article 64 of the Administrative Review Law of the People's Republic of China (amended and adopted on September 1, 2023 and implemented on January 1, 2024) stipulates that if an administrative act lacks sufficient evidence, applies the wrong legal basis, violates legal procedures, or exceeds or abuses its powers, the administrative review organ may decide to revoke it and order it to be redone; Article 70 of the Administrative Litigation Law of the People's Republic of China (amended on June 27, 2017 and implemented on July 1, 2017) makes corresponding provisions on revocation judgments. Suggestions: First, apply in writing to obtain the full text of the compensation and resettlement plan and the announcement materials, and check the announcement date and announcement period; Second, check whether the plan content is complete item by item, with a focus on verifying the implementation arrangements for social security expenses, the delivery of resettlement housing, and transitional assistance; Third, calculate the comprehensive land price of the area and the evaluation data, and raise written objections to the evaluation results that have not been delivered or confirmed; Fourth, if there are objections to the plan content or procedures, put forward opinions within the prescribed time limit and apply for a hearing if eligible; Fifth, if the administrative organ fails to perform its duties or gives evasive responses, apply for administrative review or initiate administrative litigation in a timely manner. For disputes over the construction and delivery of resettlement housing, reference can be made to the relevant provisions.Real estate transactions | Construction projectsThe relevant practical judgments regarding it.

5. Henglue Law Firm's Reminder

The compensation and resettlement plan is not a promotional material that can be rectified afterwards. It determines the basis, method, and schedule of compensation. The more detailed you look at it, the more confident you will be in the negotiation. There are several points that are easily overlooked and need to be reminded: First, the forced demolition of the house does not exempt the obligation of compensation. Not signing an agreement does not mean giving up rights; Second, it is a legal principle that compensation should be provided before relocation, and improving living conditions is mandatory. Reversing the order of relocation before negotiation is a procedural violation in itself; Third, fixed evidence should be preserved for evasive responses. Mailing receipts, signing records, and original responses should all be properly stored; Fourth, for houses on collective land, the compensation for homestead qualification rights and house property rights should be calculated separately.Land expropriation and demolition | Administrative litigationThe time limit for seeking relief in similar cases is strict, and there are different rules for the starting points of administrative reconsideration and administrative litigation. Therefore, it is essential not to miss the deadline due to prolonged negotiations.Beijing Henglu Law FirmTip: After receiving the proposal, first conduct a legality comparison, and then decide whether to proceed with negotiation, a hearing, or litigation for review.

VI. Frequently Asked Questions

Q1: If the compensation and resettlement plan is illegal, can we request its revocation?

Yes. If the content of the plan is missing, the standards are obviously low, the procedures violate the statutory order, or the administrative organ fails to perform its duties of compensation and resettlement in accordance with the law, the party concerned may request the revocation of the plan and require it to be redrafted through administrative reconsideration or administrative litigation. In practice, there have been cases where the administrative organ revoked the evasive reply and ordered it to handle the matter again within a specified time limit.

Q2: What evidence do I need to prepare?

The ownership certificate, the original copies of the housing registration materials, the expropriation notice and the compensation and resettlement plan, the evaluation report or the materials of inventory and settlement, the mailing and receipt certificates, the negotiation records, the photos and videos of the demolition site, the clues to the compensation standards for similar houses, and all the documents of applying for official duties and receiving responses.

Q3: Approximately how much does it cost to protect one's rights?

Administrative reconsideration itself does not charge fees. Administrative litigation charges case acceptance fees on a per-case basis, and compensation disputes with large amounts are calculated according to the proportion of the subject matter. Fees for appraisal and identification are charged separately, and attorney's fees are subject to the provisions of the entrustment contract and are generally charged in stages.

Q4: How long will the entire process take approximately?

The administrative review organ shall generally make a decision within 60 days from the date of acceptance, and the time limit may be extended if the circumstances are complex, but the extension shall not exceed 30 days; the first-instance administrative litigation usually lasts for six months, and the second-instance administrative litigation lasts for three months. The specific time limits shall be subject to the current legal provisions.

Q5: What should I do first?

First, apply in writing to obtain the full text of the compensation and resettlement plan and the announcement materials, check the completeness of the content and the announcement period, and fix the evidence of the demolition site and the negotiation process; if the administrative organ fails to perform its duties or gives evasive responses, apply for administrative reconsideration within the statutory time limit.

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·Attorney Xi Chao Li·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. If a dispute arises, please consult a practicing lawyer in time.