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》
What is the scope of compensation for enterprise demolition?
Home page >> Business areas >> mineral resources
Article author：Yingting Lawyers Group | Update time：2019-04-24 | Reading times：1137
Legal basis involved: "Expropriation and Expropriation of Houses on State-Owned Land"compensationRule 17 of the Laws (hereinafter referred to as the "Laws"): The municipal and county-level people's governments that make the choice of house expropriation shall grant the expropriated personscompensationIncludes:
(1) The value of the house is expropriatedcompensation;
(2) Relocation and temporary organization caused by house expropriationcompensation;
(3) Lost due to suspension of production and business due to house expropriationcompensation. The people's governments at the city and county levels shall formulate subsidy and reward methods and provide subsidies and rewards to the expropriated persons.
Article 22: It is stipulated that if the expropriation of a house results in a move, the house expropriation department shall pay the moving fee to the expropriated person; if the property rights exchange of the house is chosen, before the property rights exchange house is delivered, the house expropriation department shall pay the temporary organization fee to the expropriated person or provide a turnover room.
Article 23: Those who have been thrown away due to house expropriation resulting in suspension of production and business operationscompensation, determined based on factors such as the benefits before the house is expropriated, the period of suspension of production and business operations, etc. Specific methods are formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Article 27: House expropriation should be implemented firstcompensation, and then moved. The people's government at the city or county level that makes the choice of house expropriation will provide the expropriated person withcompensationAfter that, the expropriated person shallcompensationAgreement may be agreed uponcompensationComplete the move within the confirmed moving period. No unit or individual may use illegal methods such as violence, threats, or violating regulations to continue water supply, heating, gas supply, power supply, and road access to force the expropriated persons to move. It is prohibited for manufacturing units to participate in relocation activities. These rules certainly applyenterpriseDemolition.
The Ministry of Housing and Urban-Rural Development issued the "Method for Evaluation of House Expropriation on State-owned Land" and other rules on June 3, 2011.
inenterpriseDemolitionmedium, to small and mediumenterpriseGenerally speaking, you can get six partscompensationproject.
1. Area of land use rightscompensationprice
The area of the land you occupy must be calculated based on the nature of the occupation and the age of use, etc.compensationPrice, to put it simply, is the land use rightscompensation. So what should the land use rights be?compensationWhat? There are several situations:
(1) Land contract operation rights. The land contracting and operation rights derived from the villagers of the village contracting the relevant land on the village's land.
(2) The right to use land for collective construction. That is to obtain the individual construction land use warrant, which may be obtained through auction, one-time buyout, etc.
(3) Methods of transferring and allocating state-owned land use rights. The qualifications for industrial land obtained through the transfer of state-owned land, or through allocation, are all included in the land use rightscompensationscale. However, the lease right is still within the scope of the debt, and there is no way to assign it to property rights, so 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 conditions that appear in practice include buildings, structures, and equipment. As long as they meet the fixed shape of a regular factory building, they should be calculated according to the 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, which may not meet the requirement of having walls on all sides. However, if they are used for normal production and operations, in principle they should be calculated according to the replacement price of the building. Basically, there is a solid external characteristic of the factory, so you can reset the factory to a new price.compensation.
3. Disposal fees due to suspension of production and business operations
due toDemolitionconstituteenterpriseThe expenses lost due to suspension of production and business operations. Under normal circumstances, it is necessary to have a business license, tax registration, tax payment records, actual operating behavior, etc. to satisfy a normal business.enterpriseThe conditions for the factory to carry out production and operation, in order to obtain one-time shutdown loss compensation. There is another issue that needs to be reminded us, that is, in practice, there are manyenterpriseIt is not acceptable if the registered address and the actual operating address are different. Only the registered address and the actual operating address must be the same to satisfy the legal operating entity.
What should we be satisfied with if we stop production and close down business?compensationWhat?
(1) The expected profit is lost, and the expected profit that can occur in one year is one million,DemolitionIt will constitute a continuation of operations and a three-year suspension of production and business losses, which may requirecompensationThree years of throwing away.
(2) Throw away those who breach the contract,enterpriseSigned a one million contract with the customer, due toDemolitionIf the goods cannot be supplied on time, the default cost of one million yuan is 50,000 yuan.compensationenterpriseThe breach of contract is lost.
(3) Financial capital, borrow one million from the bank, and pay interest on the financial capital every year. Now because the operation is interrupted, the financial cost has increased cumulatively, so the financial cost 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 severance pay for personnel organizations. We have to correct that severance pay for personnel organizations only appears in state-owned enterprises.enterpriseand corporate ownershipenterpriseAmong them, generally small and medium-sizedenterpriseand privateenterpriseNone, it is basically included in the list of 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 value.compensationIt's the moving fee.
6. Moving expenses
It is the moving cost to be paid for all movable ancillary equipment and equipment.
(1) The value of the house is expropriatedcompensation;
(2) Relocation and temporary organization caused by house expropriationcompensation;
(3) Lost due to suspension of production and business due to house expropriationcompensation. The people's governments at the city and county levels shall formulate subsidy and reward methods and provide subsidies and rewards to the expropriated persons.
Article 22: It is stipulated that if the expropriation of a house results in a move, the house expropriation department shall pay the moving fee to the expropriated person; if the property rights exchange of the house is chosen, before the property rights exchange house is delivered, the house expropriation department shall pay the temporary organization fee to the expropriated person or provide a turnover room.
Article 23: Those who have been thrown away due to house expropriation resulting in suspension of production and business operationscompensation, determined based on factors such as the benefits before the house is expropriated, the period of suspension of production and business operations, etc. Specific methods are formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
Article 27: House expropriation should be implemented firstcompensation, and then moved. The people's government at the city or county level that makes the choice of house expropriation will provide the expropriated person withcompensationAfter that, the expropriated person shallcompensationAgreement may be agreed uponcompensationComplete the move within the confirmed moving period. No unit or individual may use illegal methods such as violence, threats, or violating regulations to continue water supply, heating, gas supply, power supply, and road access to force the expropriated persons to move. It is prohibited for manufacturing units to participate in relocation activities. These rules certainly applyenterpriseDemolition.
The Ministry of Housing and Urban-Rural Development issued the "Method for Evaluation of House Expropriation on State-owned Land" and other rules on June 3, 2011.
inenterpriseDemolitionmedium, to small and mediumenterpriseGenerally speaking, you can get six partscompensationproject.
1. Area of land use rightscompensationprice
The area of the land you occupy must be calculated based on the nature of the occupation and the age of use, etc.compensationPrice, to put it simply, is the land use rightscompensation. So what should the land use rights be?compensationWhat? There are several situations:
(1) Land contract operation rights. The land contracting and operation rights derived from the villagers of the village contracting the relevant land on the village's land.
(2) The right to use land for collective construction. That is to obtain the individual construction land use warrant, which may be obtained through auction, one-time buyout, etc.
(3) Methods of transferring and allocating state-owned land use rights. The qualifications for industrial land obtained through the transfer of state-owned land, or through allocation, are all included in the land use rightscompensationscale. However, the lease right is still within the scope of the debt, and there is no way to assign it to property rights, so 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 conditions that appear in practice include buildings, structures, and equipment. As long as they meet the fixed shape of a regular factory building, they should be calculated according to the 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, which may not meet the requirement of having walls on all sides. However, if they are used for normal production and operations, in principle they should be calculated according to the replacement price of the building. Basically, there is a solid external characteristic of the factory, so you can reset the factory to a new price.compensation.
3. Disposal fees due to suspension of production and business operations
due toDemolitionconstituteenterpriseThe expenses lost due to suspension of production and business operations. Under normal circumstances, it is necessary to have a business license, tax registration, tax payment records, actual operating behavior, etc. to satisfy a normal business.enterpriseThe conditions for the factory to carry out production and operation, in order to obtain one-time shutdown loss compensation. There is another issue that needs to be reminded us, that is, in practice, there are manyenterpriseIt is not acceptable if the registered address and the actual operating address are different. Only the registered address and the actual operating address must be the same to satisfy the legal operating entity.
What should we be satisfied with if we stop production and close down business?compensationWhat?
(1) The expected profit is lost, and the expected profit that can occur in one year is one million,DemolitionIt will constitute a continuation of operations and a three-year suspension of production and business losses, which may requirecompensationThree years of throwing away.
(2) Throw away those who breach the contract,enterpriseSigned a one million contract with the customer, due toDemolitionIf the goods cannot be supplied on time, the default cost of one million yuan is 50,000 yuan.compensationenterpriseThe breach of contract is lost.
(3) Financial capital, borrow one million from the bank, and pay interest on the financial capital every year. Now because the operation is interrupted, the financial cost has increased cumulatively, so the financial cost 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 severance pay for personnel organizations. We have to correct that severance pay for personnel organizations only appears in state-owned enterprises.enterpriseand corporate ownershipenterpriseAmong them, generally small and medium-sizedenterpriseand privateenterpriseNone, it is basically included in the list of 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 value.compensationIt's the moving fee.
6. Moving expenses
It is the moving cost to be paid for all movable ancillary equipment and equipment.
Previous article：Who will receive the compensation for the demolition of the leased factory building?
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
