Law firm introduction More》
Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
Law firm services
Law firm personnel More》
Visiting address More》
How to sign a compensation agreement to ensure maximum demolition compensation - Yingting demolition lawyer
Home page >> Ying Ting Information >> Legal information
Article author：Yingting Lawyers Group | Update time：2019-08-08 | Reading times：301
DemolitioncompensationAlthough the agreement is just a thin piece of paper, it is the most important link in the entire demolition process. It is whether the demolished people can get reasonable compensation.compensationkey. Guaranteed demolition not signedcompensationAfter the agreement is signed, our previous efforts to deal with the demolition party and the good promises made to us by the demolition party will all come to nothing. Learn how to sign a legal and effective demolitioncompensationThe agreement plays a vital role for ordinary people who lack common sense about demolition.
Sign the demolition agreementcompensationThe agreement should fully understand the following aspects:
1. Demolitioncompensationsubject of agreement
The subject means who we should sign an agreement with, and who we should sign a demolition agreement with.compensationThe subject of the agreement must have corresponding qualifications. The demolition of state-owned land and collective land hascompensationThe parties to the agreement have different legal rules.
Regarding houses on state-owned land, according to the "Expropriation and Expropriation of Houses on State-owned Land"compensationArticle 4 of the Act confirms that house expropriation andcompensationThe main body of responsibility for the work is the people's government at the city and county levels; the organizer is the house expropriation department confirmed by the people's government at the city and county levels.
Regarding houses on collective land, according to the rules of Article 25 of the "Land Management Law Enforcement Act", land acquisitioncompensation, After the resettlement plan is submitted to the municipal or county people's government for approval, it will be organized and implemented by the land administration department of the municipal or county people's government.
Therefore, it is necessary to sign a demolition agreement with the persons to be demolished.compensationThe subject of the agreement should be the municipal or county people's government, the land administration department or the person responsible for house expropriation andcompensationpart. The house expropriation department here can be the house expropriation department specially established by the people's government at the city or county level, or it can be an existing department (such as the real estate management department, construction department), but it is responsible for the house expropriation andcompensationThe unit that performs the work should not aim to make profits.
How to signcompensationAn agreement can ensure demolitioncompensationmaximize
2. Contents of the Agreement
DemolitioncompensationThe content of the agreement should be clear and detailed, and professional lawyers should guide the demolished people to sign it.compensationWhen making an agreement, they tend to be all-rounded.compensationEvery aspect of the agreement will require accuracy. If ordinary people sign an agreement on their own, although they cannot be as professional as a professional demolition lawyer, they must understandcompensationThe basic content of the agreement is what prevents you from being deceived by the demolition party's sweet talk.
According to the "Expropriation and Expropriation of Houses on State-owned Land"compensationAccording to the provisions of Paragraph 1 of Article 25 of the Act, the house expropriation department and the expropriated person shall, in accordance with the provisions of this Act,compensationmethod,compensationThe amount and payment period, the location and area of the house used for property rights exchange, moving expenses, temporary resettlement expenses or turnover housing, losses due to suspension of production and business, moving period, transition method and transition period, etc., are concluded.compensationagreement. When signing an agreement, we should pay special attention to the following aspects:
1.compensationmethod
DemolitioncompensationThe method must be clearly agreed upon, whether to choose property rights replacement or currency exchange.compensation, or perhaps a combination of the two.
2.compensationAmount
On the clear agreementcompensationWhether the amount is consistent with the results of previous negotiations and verbal promises to prevent the demolition party from falsifying the amount and making small moves.
How to signcompensationAn agreement can ensure demolitioncompensationmaximize
3. Payment deadline
YescompensationThe time for payment must be clearly agreed upon. According to the "Expropriation and Expropriation of Houses on State-owned Land"compensationAccording to the provisions of Paragraph 2 of Article 12 of the Act, before making a decision to expropriate the house, the expropriationcompensationExpenses should be paid in full, stored in a special account, and used for special purposes. This means that the amount to be distributed for each collection itemcompensationAll funds should be deposited in full into a special account in advance, clearlycompensationThe payment deadline is such that the person being levied can get it quicklycompensationimportant guarantee of payment.
4. House handover matters
If you choose to exchange property rights, you must clearly specify in the agreement the location, area, floor, floor plan, orientation, and delivery time of the house. It is best to clearly specify the house number in the agreement to prevent the demolition party from not fully fulfilling the contract, arranging a house with a poor geographical location, or delaying the delivery of the house.
5. Basic conditions of demolished houses
Under demolitioncompensationThe agreement must state the location, structure, purpose, type, area and ancillary facilities of the demolished house, as well as the evaluation results of the demolished house, with the purpose of providing the most basic basis for future disputes.
6. Liability for breach of contract
Liability for breach of contract is one of the most important points that is often overlooked when signing an agreement.compensationThe agreement is of a contractual nature, and the responsibilities for breach of contract and the methods for handling disputes are clearly stipulated in the agreement. Once the demolition party breaches the contract, it can promptly provide relief according to the agreement to ensure its own legitimate rights and interests. For example, if the demolishing party fails to hand over the house in time when it is due, the person being demolished can sue the demolishing party according to the signed agreement and require the other party to perform its duties.
How to signcompensationAn agreement can ensure demolitioncompensationmaximize
3. Keep the original copy of the agreement and collect the basis for breach of contract
The person being demolished is signing the demolition contractcompensationAfter the agreement is reached, the original copy of the agreement must be saved. In practice, demolition parties oftencompensationAfter the agreement was reached, the original copy of the agreement was taken away, and the people being demolished were not allowed to take photos. In this situation, you should be alert to the demolition party tampering with the signed agreement. To avoid this behavior, you should require the demolition party to leave the original agreement. After signing the agreement, you must not think that everything is fine. You must also promptly collect the evidence that the demolition party failed to implement the content of the agreement in case of emergency. If the demolition party fails to complete the agreed contents within the prescribed time limit, it must not sit back and wait for death. It should actively advocate for rights and take legal channels to safeguard rights in a timely manner.
Sign the demolition agreementcompensationThe agreement should fully understand the following aspects:
1. Demolitioncompensationsubject of agreement
The subject means who we should sign an agreement with, and who we should sign a demolition agreement with.compensationThe subject of the agreement must have corresponding qualifications. The demolition of state-owned land and collective land hascompensationThe parties to the agreement have different legal rules.
Regarding houses on state-owned land, according to the "Expropriation and Expropriation of Houses on State-owned Land"compensationArticle 4 of the Act confirms that house expropriation andcompensationThe main body of responsibility for the work is the people's government at the city and county levels; the organizer is the house expropriation department confirmed by the people's government at the city and county levels.
Regarding houses on collective land, according to the rules of Article 25 of the "Land Management Law Enforcement Act", land acquisitioncompensation, After the resettlement plan is submitted to the municipal or county people's government for approval, it will be organized and implemented by the land administration department of the municipal or county people's government.
Therefore, it is necessary to sign a demolition agreement with the persons to be demolished.compensationThe subject of the agreement should be the municipal or county people's government, the land administration department or the person responsible for house expropriation andcompensationpart. The house expropriation department here can be the house expropriation department specially established by the people's government at the city or county level, or it can be an existing department (such as the real estate management department, construction department), but it is responsible for the house expropriation andcompensationThe unit that performs the work should not aim to make profits.
How to signcompensationAn agreement can ensure demolitioncompensationmaximize
2. Contents of the Agreement
DemolitioncompensationThe content of the agreement should be clear and detailed, and professional lawyers should guide the demolished people to sign it.compensationWhen making an agreement, they tend to be all-rounded.compensationEvery aspect of the agreement will require accuracy. If ordinary people sign an agreement on their own, although they cannot be as professional as a professional demolition lawyer, they must understandcompensationThe basic content of the agreement is what prevents you from being deceived by the demolition party's sweet talk.
According to the "Expropriation and Expropriation of Houses on State-owned Land"compensationAccording to the provisions of Paragraph 1 of Article 25 of the Act, the house expropriation department and the expropriated person shall, in accordance with the provisions of this Act,compensationmethod,compensationThe amount and payment period, the location and area of the house used for property rights exchange, moving expenses, temporary resettlement expenses or turnover housing, losses due to suspension of production and business, moving period, transition method and transition period, etc., are concluded.compensationagreement. When signing an agreement, we should pay special attention to the following aspects:
1.compensationmethod
DemolitioncompensationThe method must be clearly agreed upon, whether to choose property rights replacement or currency exchange.compensation, or perhaps a combination of the two.
2.compensationAmount
On the clear agreementcompensationWhether the amount is consistent with the results of previous negotiations and verbal promises to prevent the demolition party from falsifying the amount and making small moves.
How to signcompensationAn agreement can ensure demolitioncompensationmaximize
3. Payment deadline
YescompensationThe time for payment must be clearly agreed upon. According to the "Expropriation and Expropriation of Houses on State-owned Land"compensationAccording to the provisions of Paragraph 2 of Article 12 of the Act, before making a decision to expropriate the house, the expropriationcompensationExpenses should be paid in full, stored in a special account, and used for special purposes. This means that the amount to be distributed for each collection itemcompensationAll funds should be deposited in full into a special account in advance, clearlycompensationThe payment deadline is such that the person being levied can get it quicklycompensationimportant guarantee of payment.
4. House handover matters
If you choose to exchange property rights, you must clearly specify in the agreement the location, area, floor, floor plan, orientation, and delivery time of the house. It is best to clearly specify the house number in the agreement to prevent the demolition party from not fully fulfilling the contract, arranging a house with a poor geographical location, or delaying the delivery of the house.
5. Basic conditions of demolished houses
Under demolitioncompensationThe agreement must state the location, structure, purpose, type, area and ancillary facilities of the demolished house, as well as the evaluation results of the demolished house, with the purpose of providing the most basic basis for future disputes.
6. Liability for breach of contract
Liability for breach of contract is one of the most important points that is often overlooked when signing an agreement.compensationThe agreement is of a contractual nature, and the responsibilities for breach of contract and the methods for handling disputes are clearly stipulated in the agreement. Once the demolition party breaches the contract, it can promptly provide relief according to the agreement to ensure its own legitimate rights and interests. For example, if the demolishing party fails to hand over the house in time when it is due, the person being demolished can sue the demolishing party according to the signed agreement and require the other party to perform its duties.
How to signcompensationAn agreement can ensure demolitioncompensationmaximize
3. Keep the original copy of the agreement and collect the basis for breach of contract
The person being demolished is signing the demolition contractcompensationAfter the agreement is reached, the original copy of the agreement must be saved. In practice, demolition parties oftencompensationAfter the agreement was reached, the original copy of the agreement was taken away, and the people being demolished were not allowed to take photos. In this situation, you should be alert to the demolition party tampering with the signed agreement. To avoid this behavior, you should require the demolition party to leave the original agreement. After signing the agreement, you must not think that everything is fine. You must also promptly collect the evidence that the demolition party failed to implement the content of the agreement in case of emergency. If the demolition party fails to complete the agreed contents within the prescribed time limit, it must not sit back and wait for death. It should actively advocate for rights and take legal channels to safeguard rights in a timely manner.
Previous article：Is there any relationship between house demolition compensation and household registration number? - Yingting demolition lawyer
Recommended reading
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Mining license renewal delayed? The new regulations stipulate that a reply must be made within 15 days
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
- Mineral rights mortgage financing: a new financing path for private mining companies
- Should the government’s investment promotion agreement be scrapped at the drop of a hat? The law has your back!
- Mining in the name of land leveling? The Central Inspection Team is exposed! Mine bosses, please don’t step into this trap.
- Are companies being fined too much for small things? Court: The punishment is inappropriate and must be corrected!
- New opportunities for administrative reconsideration: increased litigation winning rate, smoother rights protection channels
