Legal information

Article introduction: What issues should be paid attention to when signing a land acquisition, demolition and resettlement compensation agreement? Blank agreements and oral agreements are common in demolition cases. Are blank agreements and oral agreements legally binding?

1. Blank Agreement

1. Blank agreements are expressly prohibited by national laws and regulations.

But in practice, the demolition party sometimes makes attractive verbal promises to induce the demolished people to sign a blank agreement, and the demolished people believe it and sign their names. After the demolition party took away the agreement, they filled in content that was completely different from the verbal promise, and the amount of compensation was reduced accordingly. Only then did the demolished people suddenly realize.

2. Keep the original of the demolition compensation agreement and refuse to sign or fingerprint the blank agreement.

(1) In order to achieve the purpose of forced demolition, many administrative agencies often use various administrative routine inspections as an excuse to check and verify documents related to land and housing, such as real estate certificates and land use certificates, to collect and detain the company's certificates, thereby organizing the rights protection of the company in disguise. As this approach effectively achieved the goal of low-cost demolition by administrative agencies, it soon emerged that the agreement signed and fingerprinted by the relocated person was taken away, and the agreement was not performed or tampered with due to the need for approval from superiors or other reasons.

(2) If there is no agreement in hand, rights protection will be passive. Therefore, Ying Ting understands that the evicted people must insist on signing the agreement in person, with both parties signing and sealing it at the same time, and keeping the signed agreement with each other. The signing procedures must be standardized. If the demolition party makes you sign a blank demolition agreement under any excuse, and asks you to sign first and then take the agreement away for the leadership to review and approve, you should decisively reject it.

2. Oral Agreement

1. Don’t believe verbal promises easily.

People who are demolished often encounter such problems. The staff of the demolition party promised them how many houses and how much cash compensation they would give them, but in the end they were not fully cashed in and there was no evidence. Of course, only by signing a demolition compensation agreement can you have legal protection. In practice, only the signed demolition and resettlement compensation agreement is legally binding, and verbal commitments to any conditions are not guaranteed.

2. A formal written notification is much more effective.

Relevant departments verbally shut down your company and ask you to move and vacate your house within a time limit. Without written notice, it will be ineffective. Because you don’t know whether this is a personal expression of intention or a legal act by the relevant department. Ying Ting believes that under normal circumstances, after the land acquisition announcement and decision are issued, government departments or government functional agencies may notify enterprises to suspend production and operations in two ways. Either verbally or in writing. That is to say, directly issue an announcement requiring you to suspend production and business within a time limit; or verbally notify the company to suspend production and business. However, a formal written notification is much more effective.