Legal information

Article introduction: If a company is shut down and demolished, what kind of compensation should we strive for? There are 6 compensation items that you must understand! These include compensation for land use rights, factory relocation, loss of production and business suspension, etc.

First, the regional compensation price of land use rights

1. The qualifications of industrial land obtained through the transfer of state-owned land, or through allocation, are included in the scope of land use rights compensation. However, the lease right is still within the scope of creditor's rights and has no form of property rights, so there is no land use right compensation for the lease right.

2. Land contract management rights. Villagers in this village contract relevant land on their own land and have the right to contract and operate the land.

3. The right to use collective construction land. Obtaining the collective construction land use right certificate may be obtained through auction, one-time buyout, etc.

Second, the factory is reset to a new price

1. The replacement price of a factory building is how much it costs to build it again after it is reset, including buildings, structures, and facilities. As long as the factory meets the fixed form of the factory, it should be calculated as a house.

2. Since the structure, width, and height of the houses are different, the compensation prices are also different. In principle, it should also be calculated based on the replacement price of the building. Basically, there is an external solid attribute of the factory building, so it can be compensated by replacing the factory building with a new price.

Third, loss expenses due to suspension of production and business

1. Expenses incurred due to the suspension of production and business operations of the enterprise due to demolition. The view of the Yingting Demolition Team is that first of all, the registered address and the actual business address must be consistent. It must be a legal enterprise with a business license, tax registration, tax records, and actual business activities, and a normal business enterprise. Only in this way can we obtain the loss compensation for suspension of production and business. In practice, there are many companies where the registered address is inconsistent with the actual business address. This is not acceptable. Only when the registered address and the actual business address are consistent can the condition of being a legal business entity be met.

2. For enterprises that Yingting believes meet the conditions for reconstruction, the suspension of production and suspension of operations compensation time will be determined according to the reconstruction period determined by the assessment agency. The compensation time for losses due to suspension of production and business operations of enterprises that do not meet the conditions for reconstruction shall be determined based on the time required for statutory liquidation.

3. For enterprises that meet the conditions for reconstruction, the compensation standard for losses due to suspension of production and business operations can be determined with reference to the company's average monthly production (operation) costs in the previous year and expenses such as replacement of fixed assets, technical transformation, and resettlement of employees; for enterprises that do not meet the conditions for reconstruction, the compensation standard for losses from suspension of production and business operations shall be determined based on the actual losses caused by the enterprise's suspension of production and business operations, including the costs involved in resettling employees.

Fourth, relocation, decoration and other accessories

1. Relocation expenses will be paid for all movable ancillary facilities and equipment.

2. Attachments to existing buildings cannot be moved and are calculated based on replacement costs. For example, a water pump, transformer, water tank, machine tool and other machinery and equipment are included in the scope of decoration accessories.

3. The equipment relocation, installation and debugging costs of the demolished persons will be compensated according to the assessed amount.

4. The equipment of the demolished persons that cannot be restored to use will be compensated based on the replacement price and combined into a new assessment.

5. Compensation for decoration of restaurants, hotels, and shops. The decoration compensation involved must be measured and evaluated by the evaluation agency to obtain the evaluation results.

Fifth, machinery and equipment

Machinery and equipment can be divided into movable and immovable. Immovable machines and equipment, like houses, also need to be replaced with a new price. Compensation for movable machinery and equipment is included in the relocation fee.

Sixth, compensation for farms and planting bases

When a breeding farm is closed down, prohibited from breeding, or the house is vacated, in addition to the above basic compensation, compensation must also be included for the animals raised in the farm, and for the green seedlings and trees on the ground at the planting base.

Yingting reminds you:

Land acquisition and demolition policies and resettlement compensation standards are different in various places, and land acquisition projects are different, so they cannot be generalized. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.