According to the relevant regulations, the compensation standards for enterprise relocation are as follows: first, the compensation expenses for relocation assets, including: land, houses, buildings and attachments on the ground that cannot be relocated, and compensation for machinery and equipment that are indeed lost due to relocation; Second, the loss of production and business suspension depends on the actual situation, which generally includes both actual operating losses and expected operating losses; Third, the compensation for demolition, including the pre-relocation expenses, the shutdown expenses incurred in the relocation process, the debugging and repair expenses of machinery and equipment, the demolition, packaging and transportation of materials and the compensation expenses for dismissing employees; Fourth, incentive fees based on the demolition policy, including quick relocation fees and demolition incentive fees. (1) The compensation for demolition of assets is 1, and the problems existing in the practice of land compensation. The business premises of an enterprise are generally obtained through leasing. Leased land is divided into leased state-owned land and leased collective land. The removal of enterprises will inevitably lead to the termination of this lease relationship, so how to protect the expected interests of enterprises in the lease contract according to the regulations? The compensation object of removal is the buildings and appendages on state-owned land, and there is no uniform provision for the compensation of open space or net land in the removal laws and regulations. It is useless to stipulate the demolition of buildings on collective land. There are also those who directly obtain the right to use state-owned land through bidding, auction, hanging or allocation. In the land management law, only appropriate compensation is provided for the recovery of state-owned land use rights, and there is no detailed provision. The compensation for land demolition in all parts of the country is often calculated together with the compensation for houses and buildings, and there are a lot of unclear and opaque situations, which leads to the inability of right holders to obtain corresponding reasonable compensation. At the same time, this is also the place that our legislature and administrative organs should protect when formulating laws, regulations and policy documents. I hope the relevant departments can pay attention to it. 2. How to determine the compensation cost of houses and buildings. The compensation for houses and buildings shall be based on the construction area registered in the relevant property right certificate. Due to historical reasons, it is impossible to apply for real estate license and land certificate, which can be determined by actual measurement. The value of houses and buildings is generally determined by the demolisher and the demolished person by entrusting an appraisal company to determine the actual value of houses and buildings according to the relevant appraisal technical standards. 3. The equipment replenishment cost is calculated according to the replacement price. The cost of equipment relocation and installation shall be calculated according to the freight transportation price and equipment installation price stipulated by the state and local governments. Machinery and equipment are divided into two categories: one is detachable equipment; Second, the equipment can't move; The loss caused by removing the movable equipment can be divided into physical loss and functional loss. The physical loss expenses include dismantling expenses, transportation expenses, installation expenses and debugging expenses. The cost of function loss includes the decrease of machine precision and the increase of unqualified products caused by relocation. For non-detachable equipment, dismantling will lead to the scrapping of the equipment, so we should calculate the replacement price of the equipment in combination with its new and replacement price and compensate everyone. In the actual operation of demolition, all localities should determine the relocation and installation costs of non-residential houses; Equipment that cannot be restored to use shall be compensated according to the replacement price of the equipment. (II) Loss of production or business suspension This part is a controversial part in legal practice. I think the cost of stopping production and business should include not only the actual losses of raw materials, semi-finished products and other items, but also the compensation amount determined according to the actual sales or profits in the same period last year. This part of the cost is often the part that directly affects the total salary of the enterprise, so it is also the top priority of lawyers' rights protection. Article 23 of the "Regulations" stipulates that the compensation for the loss caused by the expropriation of houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. The specific standards and calculation methods are not uniformly stipulated in this Ordinance, nor are they stipulated in other laws and administrative regulations. In legal practice, the standards and basis of compensation are often stipulated by municipal local governments in policy documents. It is a pity that the compensation standards and calculation methods are different in different places. (3) The compensation for demolition is 1, and the equipment relocation and installation fee. For the equipment that can be relocated, the equipment will be relocated and installed in different places on the principle of continuous utilization and then put into use. Accordingly, the cost of equipment relocation and installation is an inevitable loss caused by demolition, and the demolition person should compensate it. 2. Resettlement compensation expenses for dismissed employees. There is no detailed provision in the laws, regulations and policy documents on the compensation expenses for the employees who have been dismissed due to demolition, which belongs to the project that the demolition parties strive for through consultation. If the demolition leads to the dismissal of employees, compensation shall be given according to the specific labor contract signed with employees and the relevant provisions of the Labor Law. (IV) Incentive fees based on the demolition policy In the process of demolition, in order to speed up the demolition progress, the demolition people often take the form of quick relocation incentives to encourage the demolition people and the lessee to sign a compensation agreement for demolition and relocation as soon as possible and move out of the scope of demolition. The amount of incentive fee shall be determined by the demolisher according to the actual demolition situation, and may also be determined by the demolisher, the demolished person and the actual lessee through consultation. It should be noted that if the owner and user of the demolished factory are separated, the incentive fee should be paid to the lessee who actually uses the demolished factory, which has been stipulated in the policy document and is reasonable. Second, in the process of enterprise demolition, how should business owners protect their rights (taking leasing enterprises as an example) In fact, the lessee has no right to participate in the process of negotiating compensation and concluding compensation and resettlement agreements between the demolished and the demolished. In this way, once faced with demolition, the enterprise as the lessee will fall into a very passive situation if it wants to get compensation. In real life, due to historical restructuring, the restructuring of state-owned enterprises is incomplete, the restructuring of collective enterprises is unsuccessful, and the ownership of enterprise property rights, factory property rights and land use rights is unclear, which leads to many cases in which enterprises engage in production and operation as lessees. Then, in the face of demolition, how should the leased enterprise strive for its own interests? 1. Preparation for Tenant Enterprises Before Demolition Many demolished enterprises and tenant enterprises often take the attitude of "waiting", "scrapping" and "dragging" when facing demolition. They think that as long as I can persist for a long time, the demolition team will eventually accept the compensation conditions proposed by the demolished because of the pressure of the demolition progress. This is actually a very wrong idea. First of all, the law stipulates the compulsory means of "long-term immobility". The Administrative Compulsory Law and the Regulations have established two relief methods: administrative compulsory demolition and judicial demolitions. In the face of the "long delay" between the demolished and the lessee, the demolished has the right to apply for compulsory demolition according to the legal degree, and it is unrealistic for the demolished and the demolition-related people to stop the demolition by "dragging"; Secondly, in the previous demolition cases, the demolition people did give high compensation to the demolished people because of the long delay, but we can't simply attribute the reasons for giving high compensation to "waiting", "consumption" and "delay". Demolition is a legal act in accordance with the law. What items should be compensated, what situations should be taken care of, and what standards should be used for compensation are stipulated by laws, regulations and local policy documents. All the compensation for demolition is contained in laws, regulations and policy documents, and it is not something that the demolition person decides independently. Thirdly, people who have the ideas of "waiting", "wasting" and "procrastinating" often concentrate all their energy on the placement of compensation, ignoring the legal risk resolution of compensation division. In the process of handling cases, lawyers often encounter this situation: before the compensation is negotiated, the demolished and the lessee often stand in a line and advance and retreat in order to win more benefits. Once the compensation is implemented, the demolished person, lessee and relevant parties will file a lawsuit again because the previous ownership agreement is unclear, asking the court to divide the demolition funds for them according to law. Relocation is already very troublesome, and the division of relocation funds is more likely to lead to the breakdown of relatives and friends and the tension between children. All this, in fact, can be easily solved as long as preparations are made before demolition and the rights of all parties are agreed. But many people involved in the demolition did not notice this, which only added a lot of troubles and disputes. 2. The preparatory work that the leasing enterprise can do before the demolition includes: (1) In-depth review of the rights and obligations of all parties involved in the demolition, and determination of the main parties involved in the demolition. Compared with residential house demolition, non-residential house demolition (enterprise demolition) will have more demolition stakeholders due to the complicated relationship between land and house ownership. The house to be demolished is an office building with its own property rights, and the person to be demolished is the property owner of the house to be demolished, and the main body of the demolition relationship is the demolition and the demolition. Some houses are rented office buildings, and the main body of the demolition relationship is the demolition, the demolition and the lessee. It is worth noting that the demolition of private enterprises on collective land and the demolition of enterprises with incomplete restructuring of state-owned enterprises are often more prone to disputes because the original ownership is unknown and even the land transfer contract is invalid. Therefore, lawyers suggest that for enterprises with unclear ownership of property rights, it is recommended to consult or hire lawyers to intervene after the demolition and before the conclusion of the demolition compensation and resettlement agreement, and treat the rights of all parties to the demolition and the division plan of the demolition funds as civil rights in the form of contracts or other laws, effectively resolving possible legal risks. (2) Actively prepare the certificate of the property right relationship of the house to be demolished, the list of existing equipment, the filing and verification of the labor contract, the decoration expenses and other related materials. Many parties did not expect that the relevant materials proved to be a very complicated matter. By the deadline, they hastily estimated the number of equipment in the enterprise, and did not make a detailed inventory of the equipment relocation expenses caused by the demolition and which equipment relocation damaged the equipment value, which made the demolished enterprises and leasing enterprises quite passive in resettlement compensation. As the saying goes, a broken house is worth millions, and the verification of enterprise assets and equipment should be a meticulous and serious work, and it should be involved in advance to prepare for the later evaluation. The proof of the property right relationship of the demolished house mainly includes the real estate license, land certificate or lease contract, land transfer contract and other documents; The list of existing equipment refers to the list of price, specification, quantity, service life and mortgage. Equipment actually used in enterprise management. The record review of labor contract refers to the labor contract concluded between an enterprise and the actual employment of the enterprise to prove how many employees work in the enterprise and how long the labor period is. If there is a factual labor situation, it is suggested to supplement the labor contract as soon as possible to prove the labor relationship between the two parties. In addition, social insurance payment, payroll and other materials that actually prove the salary of enterprise employees should also be sorted out and listed together. The expenses of decoration expenses should also be proved by corresponding invoice vouchers. If the compensation for decoration expenses is determined through consultation, it can be determined through consultation according to the original expenditure, service life and current situation of decoration expenses. If the compensation for decoration expenses is determined according to the evaluation, the corresponding data and supporting materials should also be submitted in order to make a reasonable evaluation of the decoration expenses. (3) Hire a lawyer to intervene and formulate the demolition strategy under the guidance of professional lawyers. Demolition involves a wide range and compensation standards are different. Moreover, the demolition people are often in a more favorable position in the demolition, which makes many demolition people and demolition stakeholders "afraid" of the demolition. The reasons for "fear" are nothing more than two points: first, the demolition span is long and there are many complicated things, and many enterprises are new to demolition, which is very helpless; Second, the lack of legal knowledge related to demolition, in the process of negotiations with the demolition of fear of loss. In view of the complexity and professionalism of demolition, it is very necessary to hire a demolition lawyer to intervene in the demolition with complicated legal relationship. 3 the implementation of the demolition, the demolition shall make the above compensation to the leasing enterprise. In legal practice, the compensation for enterprise demolition is mainly divided into four parts: first, the compensation for demolition assets, including the land, houses, buildings and ground attachments that cannot be relocated, and the compensation for machinery and equipment that are really lost due to relocation; 2. Loss of production or business suspension. Third, compensation for demolition expenses, including pre-relocation expenses, shutdown expenses during relocation, debugging and repair expenses of machinery and equipment, demolition, packaging and transportation of materials, and compensation expenses for dismissing employees. Fourth, incentive fees based on the demolition policy, including quick relocation fees and demolition incentive fees.
Legal objectivity:
According to Article 23 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the compensation for the loss caused by the expropriation of houses shall be determined according to the benefits before expropriation and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.