mineral resources

Introduction to the article: In recent years, the Qingshuitang Old Industrial Zone in Zhuzhou, Hunan Province has faced complete closure and relocation. What compensation will these companies receive? In practice, compensation must be provided in accordance with the law based on the actual value of the enterprise and actual losses. Under normal circumstances, compensation includes personnel resettlement costs, enterprise relocation and resettlement expenses, factory replacement costs, compensation for losses due to production and business suspension, compensation for machine damage, decoration and decoration costs of enterprise factories, house rent, etc.

Part One: Overview of the Qingshuitang Old Industrial Zone in Zhuzhou, Hunan

The land of Zhuzhou Qingshuitang Old Industrial Zone has created more than 230 firsts in the national industry. Over the past 60 years, it has paid a total of nearly 50 billion yuan in profits and taxes to the state. However, the long-term extensive development model of high consumption, high emissions, and high pollution has turned Qingshuitang into Zhuzhou's largest source of pollution. The "three wastes" emissions once accounted for two-thirds of the city's total. It has become one of the "top ten most polluted cities in the country" for two consecutive years. Yingting learned that in order to protect and manage the Xiangjiang River Basin, as of the end of 2018, the last smelting furnace of Minmetals-Zhuzhou Metallurgical Industry Co., Ltd. in the Qingshuitang area was shut down. So far, all 261 companies here, mainly in smelting and chemical industries, have closed down and exited. After the overall closure and relocation of enterprises in the old industrial zone, land acquisition and storage, relocation and transformation, personnel resettlement, pollution control, and new city construction followed.

Part 2: What compensation will the shut down enterprises receive?

(1) Enterprise house compensation and factory building replacement costs.

1. For production and operation buildings approved by the planning department, compensation will be given based on the new assessment based on the specific use functions and properties approved by the planning department.

2. Houses whose use functions are changed without approval from the planning department and used for production and operation will be compensated based on the replacement price of the collective land residential house combined into a new assessment.

3. Temporarily constructed houses used for production and operation that have not exceeded the approved use period shall be evaluated and determined based on the replacement price and the remaining use period.

(2) Compensation for losses caused by suspension of production and business.

1. Ying Ting believes that for enterprises that meet the reconstruction conditions, the compensation time for suspension of production and business operations shall be determined according to the reconstruction period determined by the evaluation agency. The compensation time for losses due to suspension of production and business operations of enterprises that do not meet the conditions for reconstruction shall be determined based on the time required for statutory liquidation.

2. For enterprises that meet the conditions for reconstruction, the compensation standard for losses due to suspension of production and business operations can be determined by referring to the average monthly production (operation) costs of the enterprise in the previous year and the expenditures for replacement of fixed assets, technical transformation, and resettlement of employees. For enterprises that do not meet the conditions for reconstruction, the compensation standard for losses from suspension of production and business operations shall be determined based on the actual losses caused by the enterprise's suspension of production and business operations, including the costs involved in resettling employees.

(3) Ancillary compensation such as enterprise relocation and resettlement.

1. The equipment relocation, installation and debugging costs of the demolished persons will be compensated according to the assessed amount;

2. The equipment of the demolished persons that cannot be restored to use will be compensated based on the replacement price and combined into a new assessment.

(4) Compensation for decoration of corporate houses.

Compensation for decoration and decoration of the house must be measured and evaluated by the evaluation agency to obtain the evaluation results.

(5) Personnel placement costs

(6) Compensation for machine damage

(7) Unexpired house rent

Yingting reminds you:

If such shut down enterprises have objections to resettlement compensation, what can they do? 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.