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Article introduction: Although environmental pollution standards vary from place to place, they must also comply with the country's basic laws. The regulations that adjust the legal relationship between environmental protection shutdowns of enterprises mainly include: Environmental Protection Law, Air Pollution Prevention and Control Law, Water Pollution Prevention and Control Law, and Marine Environmental Protection Law. What should you consider if your business is shut down? How to get more compensation?

Part One: Case Story

The Environmental Protection Bureau of a county in Jiangsu discovered that the sewage treatment facilities of a chemical plant were damaged, and untreated wastewater exceeding the standard was discharged into a pond outside the factory. The Environmental Protection Bureau ordered the company to shut down for rectification in accordance with the provisions of the Environmental Protection Law. Later, the business owner actively installed sewage facilities and prepared to continue production. However, after inspection by the environmental protection department, it still did not meet environmental protection requirements and decided to continue to close the company. When the company negotiated compensation with the Environmental Protection Bureau, it was found that because it was a polluting company, the compensation given was too low. How do companies protect their legitimate rights and interests?

Part 2: 5 reasons why businesses shut down

1. Shut down enterprises based on tasks or command-style policies

It is a government agency shutting down enterprises in a command-style manner, which is of a policy nature. Ying Ting found that they were often targeted at overall work implemented within a province or city. Policy shutdowns are universal and regional. Companies of the same type may be shut down, companies in a certain range may be shut down, etc.

2. The most common shutdown--Enterprise environmental shutdown

Environmental protection shutdowns of enterprises are the most common. For example, breeding farms that cause water pollution, chemical companies that cause air pollution, some small polluting companies, pharmaceutical companies that discharge pollutants, etc. are all key targets of environmental inspections, and they are also companies that are often rectified and shut down.

3. Enterprises with high pollution and low economic benefits are facing industrial closure.

Some industrial enterprises with high pollution, high energy consumption and low economic contribution may face fate such as rectification, closure, vacation, and demolition. For example, policies such as "198 Industrial Land Reduction" and "Five Violations Must be Censored" were formulated to address this type of situation.

4. Business closures due to illegal land occupation.

If the purpose of collective land is changed and agricultural land or breeding land is used for industrial construction, this illegal occupation of land will lead to the closure of enterprises, as well as the vacation and demolition of enterprises.

5. Shutdown of companies with punitive nature

If an enterprise has fire hazards, safety hazards, or environmental impact assessments that fail to meet standards, Ying Ting believes that relevant departments may shut down the enterprise and impose penalties.

Part 3: If a company is shut down, what can you do?

1. Issues that need to be considered when facing demolition

1. Employee placement issues.

2. Find another place to relocate.

3. The problem of the loss of signed customers and unsigned customers.

4. Including but not limited to damage to intangible assets such as brands.

5. Compensation issues for factories and other buildings.

6. Compensation for decoration losses.

7. Compensation for losses due to suspension of production and business operations.

8. Compensation for loss of immovable equipment.

9. Relocation subsidy issue.

10. Compensation issues for land use rights.

2. After an enterprise is shut down, how to protect its legitimate rights and interests?

1. The Yingting Demolition Team learned that in order to obtain policy support, they should explain the situation of the enterprise to the closure authority, including the losses caused by the closure, the development prospects of the enterprise, and expected profits, etc.

2. Report to the enterprise’s industrial development department and seek support from industry-oriented policies and funds.

3. The enterprise has been shut down and the superior administrative agency is required to conduct reconsideration or judicial review.

4. If you want to reopen your business, you can renovate and upgrade your business and make a reservation plan.

5. Negotiate with government departments and strive to adopt corrective measures to enable the enterprise to resume production.

6. After the company is shut down, if you want to continue operating, you need to calculate the company's losses, the amount of compensation and other data, and you can find ways to change production.

7. Inventory the property, make a property list, and find a professional appraisal agency to evaluate the property. At least estimate the following basic compensations, refer to the compensation standards for land acquisition and demolition, and request compensation. Basic compensation for enterprise vacancy (land use rights and house replacement), resettlement compensation, machinery and equipment compensation, loss compensation for production and business suspension, breeding and planting compensation, decoration compensation, relocation and other ancillary compensation,

8. Seek legal means to solve the problem. If the enterprise has not negotiated compensation conditions with the competent authorities, the enterprise can apply for administrative reconsideration or administrative litigation within the statutory time limit, and ask a lawyer to negotiate before or during the reconsideration process.

Yingting reminds you:

1. When your company is shut down due to environmental issues, you must actively negotiate with relevant departments to solve the problem. Do not wait passively or listen to the verbal promises of the staff of the relevant departments, thereby delaying the precious time when you can protect your rights and interests through legal means. You can renovate and upgrade your business, make reservation plans, and try to get your business back in business. In order to obtain policy support, you can also explain the situation of the enterprise to the closure authority, including the losses caused by the closure, the development prospects of the enterprise, and expected profits, etc. You can also report it to the industry development department of the enterprise and strive for support from industry-oriented policies and funds. In addition, higher-level administrative agencies can also be requested to conduct reconsideration or judicial review. If the company cannot continue to engage in original production, it may consider restructuring or changing production. If the compensation given is too low and the company wants to solve the problem through legal means, please pay attention to the legal statute of limitations to avoid missing the statute of limitations and losing the right to win the lawsuit.

2. Whether it involves illegal construction or land acquisition and demolition, it is best not to demolish the house involved yourself. If you dismantle it yourself, it will be difficult to get compensation later. Because you can’t find a reason to ask for compensation, it’s also difficult to determine who to sue in court. If your house has been forcibly demolished, you can take relevant photos and videos before, at, and after the demolition as evidence of the demolition and as the basic basis for proposing compensation conditions. It is also easy to identify the subject who carried out the forced demolition, know who to sue, and find out who should bear the responsibility for the forced demolition.

3. 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. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.