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How to compensate for the demolition of enterprise factory buildings, state expropriation, etc., and the compensation standards
Home page >> Business areas >> mineral resources
Article author：Yingting Lawyers Group | Update time：2019-04-24 | Reading times：1210
First of all, we need to talk about an overall principle.DemolitioncompensationIt is the loss of physical goods and part of the expected benefits. It is different from the normal business and business of the enterprise.compensationrelatively narrow, finalcompensationThe price is low, this issue is a matter of academic discussion. in businessDemolition, for small and medium-sized enterprises, they can generally obtain six partscompensationproject.
1. Area of land use rightscompensationprice
The area of occupied land must be calculated based on the nature of occupation and service life, etc.compensationPrice, to put it crudely, is land use rights.compensation. So what should happen to land use rights?compensationWhat? There are several situations:
(1) Land contract operation rights. The land contract operation rights derived from the villagers of the village contracting the relevant land on the village's land.
(2) Collectively create land use rights. That is to obtain the collective construction land use rights certificate, which may be obtained through auction, one-time buyout, etc.
(3) Methods for transfer and allocation of state-owned land use rights. The qualifications of industrial land obtained through the transfer of state-owned land, or obtained through allocation, are included in the scope of land use rights compensation. However, the lease right is still within the scope of debt, and there is no way to assign it to property rights. Therefore, the lease right does not have the right to use the land.compensationof.
2. Replacement of factory buildings to new prices
The price of replacing a factory building to its new value is how much it costs to build it again after it is reset.DemolitionhouseDemolitionEven when it is new, there is also the problem of resetting it to new one. The objective situations presented in practice include buildings, structures, and equipment. As long as they meet the fixed shape of a regular factory building, they should be calculated as a house. In practice, since the structures, widths and heights of houses are different,compensationThe prices are also different. Some factories are temporarily built using brick and wood structures. They may not meet the requirement of having walls on all sides, but they are used for normal production operations. In principle, they should be calculated according to the replacement price of the building. Basically, there is an external solid characteristic of the factory building, so it can be calculated according to the reset price of the factory building.compensation.
3. Disposal fees due to suspension of production and business operations
due toDemolitionIt constitutes the expenses lost due to the suspension of production and closure of the enterprise. Under normal circumstances, a business license, tax payment registration, tax payment record, actual operation behavior, etc. must be met to meet the conditions for production and operation of a normal enterprise factory, and only in this way can one obtain the one-time suspension of production and business loss compensation. Another issue that needs to be reminded is that in practice, there are many companies with inconsistent registered addresses and actual operating addresses. This is unacceptable. Only when the registered addresses and actual operating addresses are consistent can they satisfy the legal operating entities.
What should be satisfied when production and business are suspended and discarded?compensationWhat?
(1) The expected profit is lost, and the expected profit that can occur in one year is one million,DemolitionIt will cause an interruption in operations and cause three years of losses from production and business closure, which may require compensation for three years of losses.
(2) Loss of breach of contract, the company and the customer signed a contract worth one million, becauseDemolitionIf the goods cannot be supplied on time, the default cost of one million yuan is 50,000 yuan.compensationA company's default is lost.
(3) Financial costs, borrow one million from the bank, and pay interest on the financial capital every year. Now that the operation has been stopped, the financial costs have increased cumulatively, so the financial costs will also be included in the losses due to the suspension of production and business.
These are the losses that may be suffered. There are also many people who will ask about personnel arrangement severance pay. We need to correct that personnel arrangement severance payment only appears in state-owned enterprises and collectively owned enterprises. Generally, it is not available in small and medium-sized enterprises and private enterprises. It is basically included in the losses due to suspension of production and business operations.
4. Decorative accessories
Attachments to existing buildings are not removable and are subject to replacement costs. In practice, a water pump, transformer, and mechanical equipment are all included in the scope of decorative accessories.
5. Machinery and equipment
Equipment is divided into movable and immovable. Immovable equipment, like a house, must be replaced with a new value. Movable equipment must be replaced with a new price.compensationis the relocation fee.
6. Relocation expenses
It is the relocation costs to be paid for all movable ancillary equipment and equipment.
1. Area of land use rightscompensationprice
The area of occupied land must be calculated based on the nature of occupation and service life, etc.compensationPrice, to put it crudely, is land use rights.compensation. So what should happen to land use rights?compensationWhat? There are several situations:
(1) Land contract operation rights. The land contract operation rights derived from the villagers of the village contracting the relevant land on the village's land.
(2) Collectively create land use rights. That is to obtain the collective construction land use rights certificate, which may be obtained through auction, one-time buyout, etc.
(3) Methods for transfer and allocation of state-owned land use rights. The qualifications of industrial land obtained through the transfer of state-owned land, or obtained through allocation, are included in the scope of land use rights compensation. However, the lease right is still within the scope of debt, and there is no way to assign it to property rights. Therefore, the lease right does not have the right to use the land.compensationof.
2. Replacement of factory buildings to new prices
The price of replacing a factory building to its new value is how much it costs to build it again after it is reset.DemolitionhouseDemolitionEven when it is new, there is also the problem of resetting it to new one. The objective situations presented in practice include buildings, structures, and equipment. As long as they meet the fixed shape of a regular factory building, they should be calculated as a house. In practice, since the structures, widths and heights of houses are different,compensationThe prices are also different. Some factories are temporarily built using brick and wood structures. They may not meet the requirement of having walls on all sides, but they are used for normal production operations. In principle, they should be calculated according to the replacement price of the building. Basically, there is an external solid characteristic of the factory building, so it can be calculated according to the reset price of the factory building.compensation.
3. Disposal fees due to suspension of production and business operations
due toDemolitionIt constitutes the expenses lost due to the suspension of production and closure of the enterprise. Under normal circumstances, a business license, tax payment registration, tax payment record, actual operation behavior, etc. must be met to meet the conditions for production and operation of a normal enterprise factory, and only in this way can one obtain the one-time suspension of production and business loss compensation. Another issue that needs to be reminded is that in practice, there are many companies with inconsistent registered addresses and actual operating addresses. This is unacceptable. Only when the registered addresses and actual operating addresses are consistent can they satisfy the legal operating entities.
What should be satisfied when production and business are suspended and discarded?compensationWhat?
(1) The expected profit is lost, and the expected profit that can occur in one year is one million,DemolitionIt will cause an interruption in operations and cause three years of losses from production and business closure, which may require compensation for three years of losses.
(2) Loss of breach of contract, the company and the customer signed a contract worth one million, becauseDemolitionIf the goods cannot be supplied on time, the default cost of one million yuan is 50,000 yuan.compensationA company's default is lost.
(3) Financial costs, borrow one million from the bank, and pay interest on the financial capital every year. Now that the operation has been stopped, the financial costs have increased cumulatively, so the financial costs will also be included in the losses due to the suspension of production and business.
These are the losses that may be suffered. There are also many people who will ask about personnel arrangement severance pay. We need to correct that personnel arrangement severance payment only appears in state-owned enterprises and collectively owned enterprises. Generally, it is not available in small and medium-sized enterprises and private enterprises. It is basically included in the losses due to suspension of production and business operations.
4. Decorative accessories
Attachments to existing buildings are not removable and are subject to replacement costs. In practice, a water pump, transformer, and mechanical equipment are all included in the scope of decorative accessories.
5. Machinery and equipment
Equipment is divided into movable and immovable. Immovable equipment, like a house, must be replaced with a new value. Movable equipment must be replaced with a new price.compensationis the relocation fee.
6. Relocation expenses
It is the relocation costs to be paid for all movable ancillary equipment and equipment.
Previous article：Six common compensation items for enterprise (factory) demolition
Next article：How can I get reasonable demolition compensation? Demolition compensation and resettlement subsidies
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