Xiaoshan development zone enterprise demolition and relocation how to compensate
A, Xiaoshan Development Zone enterprise demolition how to compensate 1, the market price of the enterprise business housing compensation. The compensation object of the enterprise business premises can only be the property owner of the house, if the enterprise is the lessee, then it can only be the lessee in the lease period of the self-built above ground has the right to receive compensation. 2, the market price of the land use right of the enterprise business site compensation. Compensation for the market price of the land use right of the enterprise's business site is the object of compensation for the land use right holder, compensation based on the certificate or lease contract as the standard. 3. Compensation for loss of immovable equipment. The standard of compensation shall be calculated according to the depreciation or replacement market price of the equipment over its service life. 4、Compensation for relocation fee and installation fee of movable equipment. Specific compensation standards in accordance with the local relocation fee standards or the actual amount incurred, installation and commissioning costs should be issued by the equipment supplier quotes and certificates. 5、Compensation for personnel demobilization and resettlement and stoppage of wages and other costs. Relocation of the plant, you need to pay the wages and social security contributions during the suspension of work; for the cessation of business, you need to pay the economic compensation for the termination of labor contracts in accordance with the relevant provisions of the Labor Contract Law. 6、Compensation for loss of order due to suspension of production and business. The loss of orders should be proved by official legal documents, and the highest validity of the proof of loss of termination should be determined in the form of a judgment. The demolished enterprise cannot casually agree on the compensation agreement for the suspension of orders with its customers, or the demolition or expropriation will not be recognized by the demolisher or expropriator. 7. Compensation for loss of expected profits caused by suspension of production. The demolished enterprise shall prove the amount of investment and the average reasonable profit of the last three years to prove the reasonable return of investment income, and calculate the expected loss of profit in combination with the remaining operation period. 8、Other compensation for losses related to demolition and relocation. Such as laboratory, aseptic workshop, packaging plant and other special plant validation fees, advertising investment has not yet recovered the cost of the loss, the necessary expenses during the period of suspension of production of foreign organizations and so on. The amount of these compensation items needs to be determined according to the specific circumstances of the demolished enterprise accounting. Second, the expropriation compensation related legal knowledge "state-owned land housing expropriation and compensation regulations" Article 18 of the expropriation of individual homes, the expropriated person meets the conditions of housing security, the people's government of the city and county level to make decisions on housing expropriation shall give priority to housing security. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the central government. Article 19 The compensation for the value of the expropriated house shall not be lower than the market price of similar real estate on the date of announcement of the decision on expropriation of houses. The value of the houses to be expropriated shall be assessed and determined by a real estate price appraisal organization with appropriate qualifications in accordance with the appraisal methods for house expropriation. If there is any objection to the value of the requisitioned house determined by the appraisal, the requisitioner may apply to the real estate price appraisal institution for a review of the appraisal. If there is any objection to the result of the review, it may apply for appraisal to the real estate price appraisal expert committee. The appraisal methods for housing expropriation shall be formulated by the competent department of housing and urban-rural construction under the State Council, and in the course of the formulation process, opinions shall be publicly solicited from the society. Article 20 The real estate price appraisal organization shall be selected by the person subject to expropriation through consultation; if the consultation fails, it shall be determined through majority decision, random selection, etc., and the specific measures shall be formulated by the provinces, autonomous regions and municipalities directly under the central government. The real estate price appraisal organization shall independently, objectively and impartially carry out the appraisal work of housing expropriation, and no unit or individual shall intervene. Article 21 The person to be expropriated may choose monetary compensation, or may choose house property right transfer. If the requisitioned person chooses to exchange the property right of the house, the people's government at the municipal or county level shall provide the house used for the exchange of property right, and calculate and settle with the requisitioned person the difference between the value of the house to be requisitioned and the value of the house used for the exchange of property right. In the case of expropriation of individual houses due to reconstruction of an old urban area, if the expropriated person chooses to carry out the exchange of house ownership rights in the reconstructed lot, the people's government at the municipal or county level which makes the decision on expropriation of houses shall provide the houses in the reconstructed lot or in the nearby lot. Article 22 In case of relocation due to expropriation of housing, the housing expropriation department shall pay the relocation fee to the expropriated person; if the person chooses to exchange the property right of the housing, the housing expropriation department shall pay the temporary resettlement fee to the expropriated person before the delivery of the house for exchange of property right or provide the turnover room. Article 23 The compensation for the loss of stopping production and business due to the expropriation of houses shall be determined according to the efficiency of the houses before they are expropriated, the period of stopping production and business and other factors. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the central government. In general, the demolition and relocation of enterprises in Xiaoshan Development Zone has promoted the local economic development, and the per capita area is also more extensive. According to the provisions of the relevant laws of our country, enterprise demolition and relocation of the corresponding compensation, there are enterprises after the stoppage of work for the compensation of employees and some of the necessary expenditures, as well as for the unfinished orders of the liquidated damages, etc., but these compensation programs are based on the demolition of enterprises in the actual situation of the local decision again.