How should the compensation plan for renovation and resettlement be formulated?

For commercial buildings and office buildings, monetary compensation, property rights exchange, and proportional replacement shall be implemented, and the person being demolished shall choose one of them.

Monetary compensation is applied to industrial enterprises.

1) Monetary compensation.

1. Real estate of commercial land: If the two certificates (house ownership certificate and land use certificate) are complete, the compensation amount shall be determined by the market assessment of the demolished house according to the location, use, structure, construction area, completion age and other factors of the demolished house, and the demolished person shall be compensated in a lump sum in monetary form, and the demolished person shall be resettled by himself.

2. Real estate of industrial land:

Land and houses are valued separately.

The land shall be compensated with reference to the land location grade and the benchmark land price assessment.

If the right to the house is confirmed for production or office use, and if there is a licensed real estate or a building approval document, it shall be compensated according to the replacement ** combined with the new appraisal price; Within the scope of land use certificate registration, due to historical reasons, the formal production buildings built without approval shall be compensated according to the new appraisal price of the replacement** combined with the new appraisal; No compensation will be paid for non-production buildings built without approval.

If the right of the house is confirmed to be a commercial building, the appraisal shall be determined by fully considering factors such as location, commercial atmosphere and prosperity when the replacement ** is combined into a new appraisal.

2) The method of property rights exchange.

Both the demolished houses and the resettled houses shall be assessed by the same real estate appraisal agency according to the real estate market**, calculate the amount of monetary compensation for the demolished houses and the market ** of the houses exchanged, and settle the difference in the price of property rights exchange.

3) Proportional replacement.

The replacement criteria are determined separately according to the type of house.

1. Commercial buildings.

The area to be replaced shall be determined by multiplying the floor area of the property right registration by the corresponding compensation coefficient. That is, the area to be replaced = the construction area of the property right registration of the demolished house Compensation coefficient.

1) Determination of compensation coefficient: The compensation coefficient is 1 to 1 times according to the location of the demolished house, the nature of the land, the level and the width of the store. Burn.

2) Resettlement method: According to the different locations, levels and store widths of the resettlement houses, determine the actual ** of different locations, and carry out the weighted average of the actual ** as the average**, calculate the difference between the actual ** and the average ** of the resettlement houses, and settle the difference. Due to the design of the house and the indivisibility of the house, the part of the resettlement room area that exceeds the area that should be replaced shall be settled according to 70% of the actual ** of the resettlement house; If the area of the resettlement house is less than the area that should be replaced, the refund shall be made according to the actual amount of the resettlement house; Tier price adjustments are not calculated.

2. Office space for administrative institutions.

Office buildings shall be replaced for resettlement according to the area of the property rights registered in the demolished houses, such as the construction area.

Due to the inseparable factors of the house, the part of the construction area of the resettlement house that is insufficient or exceeds the area that should be replaced shall be settled at 5,000 yuan per square meter, and the excess shall be refunded and the deficiency shall be compensated.

Legal analysis: Employees who are willing to enter the restructured enterprise can pay their employee placement fees in cash in a lump sum; If it is difficult to make a one-time payment, it can also pay not less than 20% of the first installment of the employee placement fee, and at the same time sign an installment payment agreement with the employee himself, and the payment period can be about 5 years at most, and the unpaid part can be regarded as the enterprise's liability to the employee. At the same time, the employment relationship between the employee and the original enterprise is automatically terminated.

After the restructuring, the enterprise shall re-sign the labor contract with the employees in accordance with the principles of equality, voluntariness and consensus, and shall not be limited by the term of the original labor contract. After the restructuring, when the enterprise terminates or dissolves the labor contract with the employee, it shall pay the remaining settlement fee to the employee in a lump sum. If the employee placement fee cannot be paid in cash due to the difficulty of realizing assets, etc., the employee placement fee may also be treated as employee shareholding or natural person shareholding, but the enterprise that intends to establish a company with shares including the old limit cannot become a shareholder in the form of employee shareholding.

The above-mentioned methods shall be agreed upon by the state-owned assets authorized operating company and the restructured enterprise according to the actual situation of the enterprise.

Legal basis: Labor Contract Law of the People's Republic of China Article 46 In any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Negotiation or termination of a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

The problem of compensation and resettlement for demolition and relocation can be solved in two ways:

1. The demolition party and the demolished person shall enter into a demolition compensation and resettlement agreement, and make provisions on matters such as the compensation method and amount, the area of the resettlement house and the resettlement location, the relocation period, the relocation transition method and the transition period. Where the house to be demolished has already been leased, the demolition party shall enter into a demolition compensation and resettlement agreement with the person being demolished and the tenant of the house.

2. If the demolition party and the person being demolished or the person being demolished, or the person being demolished and the tenant of the house fail to reach an agreement on compensation and resettlement for demolition, the housing demolition management department shall make a ruling upon the application of the parties. The housing demolition management department is the person being demolished, and the people's ** at the same level shall adjudicate. The award shall be made within 30 days from the date of receipt of the application.

1. How to calculate the compensation for housing demolition and resettlement.

Housing Demolition and Resettlement Expenses Relocation Subsidies Temporary Resettlement Subsidies in the Case of Failure to Provide Swing Houses Temporary Resettlement Subsidies Exceeding the Transitional Period Compensation for losses caused by the suspension of production of non-residential houses (compensation for losses caused by business closure) does not need to be included if the demolition party will provide swing residences for the use of the residents of the demolished houses, and if the demolished houses are of a residential nature, the compensation for losses caused by the closure of business does not need to be included.

2. What are the compensation costs for house demolition?

1. Compensation for house demolition.

There are two ways to choose between monetary compensation and compensation for the exchange of housing property rights, and the two parties need to clarify the relevant compensation methods when signing the demolition and resettlement agreement.

2. Settlement compensation.

Mainly including relocation subsidies, temporary resettlement subsidies, etc., the cost standard is generally formulated by the people of the province, autonomous region or municipality directly under the central government, the amount of cost and the population of the demolished house has a great concern, the more the population, the cost of relocation will increase.

3. Other compensation fees.

There are mainly compensation for the loss of production and business suspension of non-residential houses, compensation for house decoration, compensation for accessories, etc., as well as some incentive compensation costs.

Article 22 of the Regulations on the Administration of Urban Housing Demolition: The demolition party shall compensate the person being demolished in accordance with the provisions of these Regulations. No compensation shall be given for the demolition of illegal buildings and temporary structures that exceed the approved period; Appropriate compensation shall be given for the demolition of temporary structures that have not exceeded the approved time limit.