Legal information

Article introduction: Someone left a message asking Ying Ting, without seeing the specific conditions of the demolition and resettlement compensation agreement, is it illegal for the village secretary to sign on a blank piece of paper? It can be said to be illegal! The legal risks are very high!

1. First of all, it is illegal to sign a blank demolition and resettlement agreement. Never sign or fingerprint it, because you don’t know how they will “fill in the blanks” on the agreement. And it will be difficult to prove afterwards that what you signed was a blank agreement. Whatever content is filled in in the agreement will be used to arrange compensation in the future. Secondly, once you sign and fingerprint, it means that you have approved the agreement, and it will be difficult to file a case in court in the future.

2. 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.

3. A formal written notification is much more effective as evidence.

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. The Yingting Demolition Group 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. We need to distinguish between oral notification and written notification, because the effects produced by the two forms are different. A formal written notification is much more powerful as evidence.

4. 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) The Yingting demolition team learned that if there is no agreement in hand, rights protection will be passive. Therefore, the relocated 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 approval by the superiors, you should decisively refuse.

Yingting reminds you:

If you are facing land acquisition and demolition, you must stay clear-headed and follow the agreement no matter what. If the promise can be made verbally, then it must be written in the demolition compensation agreement, otherwise it cannot be signed. Because verbal promises have no legal effect. What can you do if you have objections to resettlement compensation? According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. 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.