What is the compensation standard for enterprise relocation?

In enterprise demolition, for small and medium-sized enterprises and factories, six compensations can generally be obtained. Lawyer Wu concluded

I. Regional compensation price of land use right

The land you occupy should be calculated according to the nature of the occupation and the service life, which is the compensation for the land use right. So how should the land use right be compensated? There are several situations:

(1) Land contractual management right. The right to contracted management of land originates from the villagers' contracting of related land on their own land.

(2) the right to use collective construction land. That is, the right to use collective construction land can be obtained by auction or one-time buyout.

(3) Transfer and allocation of state-owned land use rights. Industrial land qualifications obtained through the transfer or allocation of state-owned land shall be included in the scope of compensation for land use rights. However, the lease right is still defined within the scope of creditor's rights, not in the form of property right, so the lease right is not compensated by land use right.

Second, the factory is reset to a new price.

Replacing a factory building with a new price means how much it will cost to rebuild it after replacement. If the house to be demolished is demolished, it will be replaced with a new one. The objective conditions in practice include buildings, structures and facilities. As long as it conforms to the fixed form of a regular factory, it should be calculated according to the house. In practice, the compensation price is different because of the different structure, width and height of the house. Some factories are temporary buildings with brick and wood structure, which may not meet the requirements of four walls, but they should be used for normal production and operation, and should be calculated according to the new price standard of building replacement in principle. Basically, there is an external fixed production of the factory building, so compensation can be made according to the replacement price of the factory building.

Third, the loss of production or business suspension.

Losses and expenses caused by the demolition of enterprises due to suspension of production and business. Under normal circumstances, it is necessary to meet the business license, tax registration, tax records, actual business behavior, etc. in order to meet the conditions of production and operation of a normal enterprise workshop, so as to obtain a one-time loss of production and business suspension. There is another problem that needs to be reminded, that is, in practice, the registered address of many enterprises is inconsistent with the actual business address, which is not acceptable. Only when the registered address is consistent with the actual business address can the legal business entity be satisfied.

What should be compensated for the loss of production and business suspension?

(1) Expected profit loss, the expected profit that can be generated in one year is one million. Demolition caused business interruption, resulting in three years of production and operation losses, so you can compensate for three years of losses.

(2) Loss due to breach of contract, the enterprise signed a contract of one million yuan with the customer. Because the demolition payment can't be delivered on time, the default cost of1000000 is 50000, so it is necessary to compensate the enterprise for its default loss.

(3) Financial cost: I borrowed one million yuan from the bank and paid the interest on financial cost every year. Now, due to business interruption, financial expenses have accumulated, so financial expenses should also be included in the loss of production stoppage.

These are all possible losses. There are still many people who will ask about the severance payment for personnel placement. We must correct it. The severance payment for personnel placement only appears in state-owned enterprises and collectively-owned enterprises, and generally does not exist in small and medium-sized enterprises and private enterprises. Basically included in the loss of production and business suspension.

Fourth, decoration accessories

The attachment cannot be moved to the existing building, and the replacement fee is calculated. In practice, water pumps, transformers and mechanical equipment all belong to the scope of decorative accessories.

Five, mechanical equipment

Machinery and equipment can be divided into movable and immovable. Non-movable machinery and equipment, like houses, should be replaced with new prices, and movable machinery and equipment should compensate for the relocation expenses.

Moving expenses of intransitive verbs

Relocation expenses paid for all movable ancillary facilities and equipment.