[Direct answer]In the Beijing area, this is possible, but it requires selecting the correct application object and listing the application items one by one. According to Articles 20, 27, 33, and 36 of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (amended by Decree No. 711 of the State Council on April 3, 2019, and implemented on May 15, 2019), the approval of land expropriation shall be made by the provincial-level people's governments or the State Council, and the materials for approval and the announcements of land expropriation shall be handled by the local county-level people's governments. Administrative organs shall respond to the application within 20 working days from the date of receipt of the application. If the response needs to be extended, the applicant shall be informed with the consent of the responsible person, and the extension period shall not exceed 20 working days. If it is confirmed through search that the requested information does not exist, the applicant shall be informed that the government information does not exist. At the same time, in accordance with Article 47 of the "Land Management Law of the People's Republic of China" (amended on August 26, 2019 and implemented on January 1, 2020), the pre-announcement and announcement of land expropriation shall be made public. In accordance with Articles 26 and 28 of the "Implementation Regulations of the Land Management Law of the People's Republic of China" (amended on July 2, 2021 and implemented on September 1, 2021), the pre-announcement of land expropriation and the announcement of the compensation and resettlement plan for land expropriation shall be made public. If the response is incomplete or refused, the applicant may apply for administrative reconsideration or initiate administrative litigation.

1. Problem background and typical scenarios

To verify whether an expropriation is legal, it is often necessary to first answer several questions: whether the project has been approved, whether the land has been expropriated in accordance with the law, how the compensation standards are determined, and whether the compensation funds have been fully paid. These answers are hidden in the approval documents, announcements, and plans. When the parties inquire on their own, the common responses are verbal statements that "we don't have it" or "it's not with us," or they are only provided with a copy of the announcement that lacks the legally required elements. Therefore, applying for information disclosure becomes the first step for the expropriated parties to take the initiative, and it is also one of the most commonly used sources of evidence in subsequent reconsideration and litigation.

II. Key points of contention

First, determination of the applicant: The land expropriation approval document is handled by the approving authority, and the land expropriation announcement and the compensation and resettlement plan announcement are prepared by the local county-level people's government, and should be submitted to the corresponding entities separately. Second, whether the government information does not exist: Whether it exists, whether it has been fully searched for, and whether it should have been prepared but was not prepared, all require the accepting authority to explain the reasons. Third, the form and content of the reply: Whether a written reply is provided within the statutory time limit, whether it corresponds to the application items item by item, and whether it specifies the remedial channels. Fourth, the boundaries of disclosure: For matters involving the legitimate rights and interests of third parties, trade secrets, or state secrets, whether the opinions of third parties are solicited and handled differently according to law, rather than not disclosing them altogether. Fifth, the starting point of the reply period: It is calculated from the date of receipt of the application, and for mailed applications, it is calculated from the date of signing for receipt. This is also the significance of keeping records.

III. Professional analysis by Henglue Lawyers

In the practice of disclosing information on land expropriation and demolition, there are generally several types of responses from administrative authorities: suggesting that the information does not fall within the authority's scope and referring the request to other units; refusing to provide the information on the grounds that it involves the legitimate rights and interests of third parties or is confidential; directly refusing to provide the information on the grounds that it does not exist; or providing a response that does not correspond to the applicant's specific requests, such as responding to only two of the seven items requested, or failing to include legally required elements such as the scope of expropriation, the current status of the land, the purpose of expropriation, compensation standards, and resettlement methods in the attached materials. When handling such cases, Henglue's standard practice is to list the applicant's requests item by item, including the project approval and permits, land expropriation approvals, pre-announcements of land expropriation, social stability risk assessments, land expropriation compensation and resettlement plans and announcements, proof of full compensation payments, and announcements of land expropriation. After receiving the response, we check each item to ensure that any missing or inconsistent information becomes the focus of subsequent appeals and litigation. At the same time, we retain mailing receipts, signing records, and the original response to ensure that both the start date of the time limit and the content of the response can be verified. This step requires high standards for evidence preservation and procedural coordination.Land expropriation and demolition, and administrative litigationThe regular content of the business.

IV. Practical suggestions and legal basis

According to Articles 27, 33, and 36 of the "Regulations on the Disclosure of Government Information of the People's Republic of China", and Articles 26 and 28 of the "Implementation Regulations of the Land Administration Law of the People's Republic of China", it is recommended to handle the matter according to the following steps: First, submit the application in writing, listing the name and purpose of the required information item by item, and send it by express mail with a tracking number and a signed receipt; Second, check the content of the reply against the statutory elements of the pre-announcement of land expropriation and the announcement of the land expropriation compensation and resettlement plan, paying attention to the procedural requirements that the pre-announcement period shall be no less than ten working days and the announcement period of the compensation and resettlement plan shall be no less than thirty days; Third, if the reply is incomplete, you can re-apply for the missing items, or directly apply for administrative reconsideration or file an administrative lawsuit against the original reply; Fourth, if it involves the source of the ownership of the house, you can combine it withReal estate and construction projectsFor cases like this, the materials for determining ownership should be prepared together; for those involving ownership inheritance, you can refer to the relevant provisions.Inheritance of property and division of family assetsThe materials in the column help clarify the overall thinking process. For those who need information disclosure and a smooth progress of the follow-up procedures, they can refer to it for more detailsSpecialised legal servicesThe arrangement of the event.

5. Henglue Law Firm's Reminder

The application for information disclosure may seem simple, but it actually determines the evidence basis for all subsequent procedures. The three most common problems are: writing the application in a general way, leading to the other party's refusal to process it on the grounds of unclear direction; only submitting the application without leaving any proof, making it impossible to prove the deadline for replying; and not checking the reply item by item, easily accepting a formally compliant but incomplete material. It should be particularly noted that there is no fee charged for applying for government information disclosure itself, but if the number and frequency of applications are obviously beyond a reasonable range, the administrative organ may charge an information processing fee according to regulations. Therefore, applications should be focused and submitted in batches as needed to avoid unnecessary waste. The application period for administrative reconsideration is generally 60 days, and the litigation period for administrative litigation is generally six months, both starting from the date when the applicant knows or should know about the administrative act. After receiving the reply, the applicant should promptly determine whether it is necessary to initiate relief procedures. For more similar content, please refer toLand expropriation and demolition columnYou can also get it fromBeijing Henglu Law FirmVisit the official website to learn about the team's situation.

VI. Frequently Asked Questions

Q1: Is it guaranteed that applying for the disclosure of government information will definitely lead to obtaining the land expropriation approval document?

Not necessarily. The approval documents are held by the approving authority, and the materials for approval are held by the local county-level people's governments. If the applicant's information is incorrect, the application may be redirected for processing; in addition, it is necessary to exclude situations such as confidentiality and third-party rights that are legally prohibited from being disclosed. However, as long as the document exists and does not fall into the legally prohibited exceptions, the administrative authority shall provide it in accordance with the law. If it is refused on the grounds that the information does not exist, the authority needs to explain the search process.

Q2: What materials are required to apply for information disclosure?

Generally, it includes an application form (stating the applicant's identity information, the name and purpose of the required information, and the method of obtaining it), copies of identity documents, contact information and mailing address; if entrusting others to handle it, an authorization letter and the trustee's documents shall be attached. For matters involving the ownership of the house, the ownership certificate or the materials for the approval of the residential land may be attached, so as to facilitate the receiving authority to accurately locate the applied information.

Q3: Do I need to pay to apply for information disclosure?

According to the provisions of the "Regulations on the Disclosure of Government Information of the People's Republic of China" (amended by Decree No. 711 of the State Council on April 3, 2019, and implemented on May 15, 2019), administrative organs shall not charge fees for providing government information upon request; however, if the number and frequency of requests exceed a reasonable range, they may charge information processing fees in accordance with the regulations. The applicant shall bear the postage for sending application materials and the costs of obtaining and printing evidence by himself/herself.

Q4: How long will it take to receive a response after submitting the application?

Where the administrative organ can respond on the spot, it shall respond on the spot; where it cannot respond on the spot, it shall respond within 20 working days from the date of receipt of the application; where the response period needs to be extended, with the consent of the head of the government information disclosure work unit and upon informing the applicant, the extension period shall not exceed 20 working days. For applications submitted by mail, the time limit shall be calculated from the date the application is received by the accepting organ.

Q5: If the respondent refuses to provide the information or simply doesn't respond, what should I do first?

First, secure the evidence: preserve the application materials, mailing receipts, sign-for records, and the original reply. Subsequently, you can apply for administrative reconsideration to the superior authority of the organ concerned, or directly file an administrative lawsuit with the people's court having jurisdiction, requesting the revocation of the reply and ordering the organ to perform its disclosure obligations according to law. If there is still no response after the reply deadline, you can directly initiate relief procedures on the grounds of the organ's failure to perform its duties within the 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, so as 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. If you encounter disputes, please consult a practicing lawyer in time.