In real life, in order to build facilities, some enterprises are often required to demolish and relocate, and some financial compensation needs to be provided.
Netizen consultation:
How should the loss of enterprise demolition, production and business suspension be compensated?
Lawyer answers:
Compensation for enterprise demolition includes: land, houses, factories, office buildings and other buildings and above-ground attachments that cannot be relocated, as well as compensation for machinery and equipment that are lost due to relocationCompensation for relocation and temporary resettlement due to expropriation;Compensation for loss of production and business suspension is subject to actual conditionsIncentive expenses incurred based on the demolition policy, including expedited relocation fees, demolition incentive fees, etc.
Compensation for losses caused by suspension of production and business includes: social security expenses, wages and salaries, liquidated damages for various contracts, overdue interest arising from failure to repay loans, and income during normal business hours. In the process of enterprise demolition, there are many places that need to be assessed, so generally the demolition compensation will be assessed by a professional appraisal agency, but in order to avoid damage to its legitimate rights and interests, the demolished enterprise should have a basic understanding of the assessment standards and methods, and understand how much compensation it should get.
Lawyer adds:
Housing expropriation shall be compensated first and then relocated. The housing expropriation department shall establish a housing expropriation compensation file in accordance with the law, and announce the compensation for each household to the expropriated person within the scope of housing expropriation. After the people at the city or county level who made the decision to expropriate the house compensate the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or the compensation decision. No unit or individual may use violence, threats or illegal means such as interrupting water supply, heat supply, gas supply, power supply, and road traffic in violation of regulations to compel the expropriated person to relocate. Construction units are prohibited from participating in relocation activities.
Legal basis] Regulations on the Expropriation and Compensation of Houses on State-owned Land
Article 25 In accordance with the provisions of these Regulations, the housing expropriation department and the expropriated person shall enter into a compensation agreement on matters such as the method of compensation, the amount of compensation and the period of payment, the location and area of the house used for the exchange of property rights, the relocation fee, the temporary resettlement fee or the swing house, the loss of production and business suspension, the relocation period, the transition method and the transition period.
If one party fails to perform its obligations under the compensation agreement after the conclusion of the compensation agreement, the other party may file a lawsuit in accordance with law.
Introduction of Hunan Furong (Guangzhou) Law Firm
"Hunan Furong Law Firm", formerly known as Changsha Legal Counsel Office (directly under the Changsha Municipal Bureau of Justice) established in 1956 and renamed as "Hunan Furong Law Firm" in 1996, is one of the earliest comprehensive legal service institutions established in Hunan Province, and has won many honors such as "Excellent Law Firm in Hunan Province" and "Excellent Law Firm in Changsha City". As a large-scale comprehensive legal service organization, Furong Law Firm has hundreds of practicing lawyers, with branches in Shenzhen, Guangzhou, Dongguan, Zhongshan, Foshan, Huizhou, Zhuhai, Xiangtan, Changde, Yueyang, and **Lin Zhou), and branches in Beijing, Haikou and Nanning are also under close preparation. Hunan Furong (Guangzhou) Law Firm was established by relying on the head office, advocating large-scale, professional, chain and comprehensive services, aiming to provide customers with more professional, efficient and comprehensive legal services.
Site area: 800m
There are more than 30 full-time lawyers, trainee lawyers, team assistants, and non-litigation legal personnel.
There are 3 conference rooms, more than 10 party building activity rooms and offices.