Chapter 629
Investing in people's livelihood projects in Huayuan City was originally a good intention and tried every means to reduce the operating costs of the elderly service center. It was a legitimate measure for business management, but the inspection department took advantage of this and punished the company, which made it difficult for Guan Yuntian.
understand.
Not to mention the incredible super fine of two million, even if the so-called normal processing procedures were followed, Guan Yuntian could not accept the fine of three to five million, because he felt that the elderly service center had done nothing wrong!
In order to properly handle this matter, Guan Yuntian thought of many ways. After some analysis and weighing, he felt that he could not solve the problem. Guan Yuntian's goal was not only to not accept any fines, but also to allow the vacant buildings to continue to be rented out. Otherwise, Hua
The Yuan City Elderly Service Center will fall into a state of loss.
Guan Yuntian paced back and forth in the office, circle after circle. Suddenly, he stopped as if he had made a decision. He returned to his desk and sat down. He took out a business card from the drawer and looked at the phone number on it.
From the dialing proficiency, it can be seen that he is a little unfamiliar with this number, or he does not call this number often.
The company on the business card is called "Mingjie Law Firm". What Guan Yuntian is looking for is Lawyer Zhao, the main partner of the firm. Lao Zhao and the entire Mingjie Law Firm team are all long-term legal consultants hired by Changda Group.
.
The phone line was busy, and it seemed that the other party was busy with business. Guan Yuntian leaned back in his chair and closed his eyes to rest. It could be seen from his expression that he felt angry and helpless about what happened to the Huayuan Elderly Service Center.
A few minutes later, Guan Yuntian dialed again, and the call was finally connected. He spoke first: "Hello, Lawyer Zhao! I'm Guan Yuntian, I'm disturbing your work."
"Mr. Guan? You are so leisurely today, why did you think of calling me?"
As the legal advisor of Changda Group, Mr. Zhao had to deal with Guan Yuntian two or three times a year in order to solve some problems involving legal disputes encountered by the company in the past few years. In recent years, Changda Group has been very stable and has been with Guan Yuntian for three or four years.
There are no legal disputes outside, so Lao Zhao and Guan Yuntian are busy with their own affairs and usually do not contact each other once a year and a half.
"You are a busy man. I will definitely not disturb you if nothing happens. Is it convenient for you to talk now?" Guan Yuntian said.
"Sure enough, we haven't contacted you for a long time. Why are you still polite to me? Don't worry about whether I'm busy or not. Just tell me if you have anything."
Taking people's money to help them eliminate disasters, Mingjie Law Firm accepts a large amount of consulting fees from Changda Group every year. Lao Zhao and his team of lawyers naturally know their roles, and whenever Changda Group encounters legal disputes
, they will immediately stop other work at hand and deal with the affairs of Changda Group first.
Guan Yuntian reported the situation encountered by Huayuan Elderly Service Center to Lao Zhao, "Lawyer Zhao, how do you think this matter should be handled more appropriately?"
"Mr. Guan, what result do you want to achieve?"
"Our project has reserved space for market development in the next few years, so the building area is partially vacant, which was approved by the planning department at the time. My goal is not only to avoid penalties, but also to continue to rent out the vacant buildings
." Guan Yuntiandao.
"Because the punishment comes from the administrative supervision department, if you go through legal channels, you can only apply for administrative review."
"I think so too. This matter can only be solved through administrative review. I will fax you the penalty notice in a moment. Based on the above content, please prepare an application for administrative review. You will also need to apply for it when the time comes.
You represent the company and come forward to negotiate with the government's legal agencies. Lawyer Zhao, this matter is not within the business scope of Changda Group. The agency fee will be charged separately and paid by the listed company Changda Holdings." Guan Yuntian specifically explained.
"Why does Mr. Guan have to make such a clear distinction? Administrative review is not like going to court. It's not that troublesome. Let's just do it as a favor."
"That won't work. Everything is one code at a time. How should we charge agency fees? There won't be any less. For the sake of the enterprise,
If you do things for your own business, don't look at my face." Guan Yuntian said.
After receiving the fax, Lao Zhao quickly summoned several lawyers to discuss countermeasures. After studying the content of the fax in front of them, they felt that it was easier to remove the unreasonable fines, but the elderly service center had to rent out the vacant building in a legitimate name.
It violates the local regulations of Huayuan City.
"According to Mr. Guan's wishes, not only should the remaining buildings of the elderly service center be rented out normally, but also the administrative department should withdraw the penalty decision. This is the goal of their decision to apply for administrative review," said lawyer Zhao.
"To achieve this goal, I'm afraid it's a bit difficult and requires some thinking."
"Yes, this matter is not as simple as it seems. We need to fully study the local regulations of Huayuan City and the memorandum of negotiation between Changda Holdings and the local departments."
After Lawyer Zhao communicated with Guan Yuntian again, Guan Yuntian asked the staff to send the information needed by the law firm as soon as possible.
It can be seen from the memorandum that when Changda Holdings initially negotiated the project with the relevant departments of Huayuan City, it made two requirements. The first was that the building area should exceed the actual needs in the initial stage of the project, and the second was that the vacant part of the building
It can be handled by the enterprise itself.
Regarding the first request, government departments expressed their understanding. After all, as the aging of the population continues to intensify, the elderly care market is constantly developing, and some space is reserved for the future, which is conducive to flexible operation of enterprises.
Even for the second request, government departments have tacitly agreed, at least from the negotiation memorandum, no clear objections have been found.
"But there is a problem here. If the building supervision department believes that the Huayuan Elderly Service Center takes advantage of the preferential policies provided by the government to obtain land at a lower price and build houses for rent on the land designated by the government, this is taking advantage of the local government.
Take advantage of policy loopholes," a lawyer warned.
"Maybe the inspection department thinks so now, but during the administrative review process, we must change this view." Lao Zhao said.
"What strategy to use?"
"You should make preparations as soon as possible and be sure to stick to the two requirements put forward by Changda Holdings in the memorandum. In addition, I will communicate with Mr. Guan again to see if there is anything else he needs to emphasize."
Lao Zhao immediately came to Changda Building from the county seat. In Guan Yuntian's office, he reported on his discussions with several lawyers, "Mr. Guan, what other aspects do you think should be emphasized?"
Guan Yuntian thought about it for a while, "It is important to grasp the two requirements we put forward at the negotiation table. During the review process, you emphasized that without those two requirements as guarantees, it would be impossible for Changda Holdings to invest in the elderly in Huayuan City.
Service center, and our purpose is to manage and operate the Huayuan Elderly Service Center well so that it can develop and grow. As for the current need to rent out the spare buildings, it is entirely to avoid wasting investment. Once the market needs it, the Elderly Service Center
You can take back the rented house at any time."
...
Mingjie Law Firm completed the administrative review application report within three days and prepared sufficient representation materials. After receiving the report, Guan Yuntian asked the staff to send the report to the Municipal Legal Affairs Office as soon as possible.
The staff of the Inspection Section of the Construction Committee were about to ask the elderly service center when to pay the penalty fine. They received a call from Deputy Director Qian, "Please don't rush to punish the elderly service center."
"Leader, why is this? It's been more than ten days since the penalty notice was delivered, and they haven't seen any movement yet. We are going to go there today to demand payment."
"Don't rush, wait and see, because the other party has applied for administrative review to the government, and I just received the notice." Lao Qian seemed a little frustrated.
In fact, the Legislative Affairs Office did not directly notify Lao Qian about the administrative reconsideration. Instead, it called the Municipal Construction Committee office. The staff
He passed the news to the top leader of the Construction Committee and asked, "Why does it require administrative review?" The top leader was very surprised.
“According to someone from the Legal Affairs Office, because the Construction Committee’s Inspection Section punished the Municipal Elderly Service Center, they were dissatisfied, so they applied for administrative review.”
"The Inspection Department punished the elderly service center? Isn't it a nursing home? Is there anything worthy of punishment?" The top leader was even more confused.
"I don't know. Just ask Deputy Director Qian. He is the leader of the audit department."
He called Lao Qian to his office and the leader said, "We are going to court, you don't know that yet, right?"
"I don't know, what are you going to court for?" Lao Qian was also confused.
"The Inspection Section punished the Municipal Elderly Service Center. They were dissatisfied and applied for administrative reconsideration to the city government. The city government's Legal Affairs Office just called to inform the construction committee to make preparations."
"Oh----," this incident was completely beyond Lao Qian's expectation, "They are not satisfied and want administrative reconsideration?"
"That's right, the administrative review time is scheduled for next Wednesday. Er, do you know about the punishment? Why should a nursing home be punished?"
Facing the top leader, Lao Qian had no choice but to tell the truth, "I know the situation. I am fined two million. The reason for the penalty is that the elderly service center changed the use of the building without authorization."
"Oh, no wonder I'm not convinced. It's just such a small thing and I'm fined two million. Did the people from the Inspection Department do it on purpose?" Even the top leaders couldn't understand this unreasonable punishment.
"The amount is a bit large, but a mild penalty will not serve as a warning to companies. Only by making them pay the price can they remember the lesson."
"No matter what your purpose is, you can't go too far in doing things. Now is a society governed by law. Even if the punishment is imposed, it must be reasonable and legal in order to be convincing."
Faced with criticism from top leaders, Lao Qian could no longer argue, "The Inspection Section's approach is a bit extreme, but things have already happened. The question now is how to deal with the upcoming administrative review?"
"You are the leader of the inspection department, so of course you are responsible for this matter. You should go back and make some preparations as soon as possible to see how you can justify yourself." The top leader was originally taboo about going to court, and the incident did not happen because of him.
He just didn't care.
"I...," Lao Qian swallowed back the words that were on his lips. No matter what reason he gave, he was the leader and this matter belonged to him. He couldn't push it away even if he wanted to!
Coming out of the top leader's office, Lao Qian felt that he had encountered a difficult opponent this time. He originally thought that the penalty notice would frighten the investors of the elderly service center into confusion. Unexpectedly, the other party not only responded calmly but also
, and also apply for administrative review!
Lao Qian knows in his heart that if he changes the use of a building without permission, he will be fined 2 million. If the outside world knows about it, he will either think that the construction committee's inspection department's law enforcement is random and not rigorous, or that such an approach must have a motive. In short, no matter what the outside world thinks,
See, it’s not good for him as a leader.
This was the first time he had to deal with administrative reconsideration. Lao Qian had no experience. He turned around and went to the construction committee office to inquire about this situation. The staff asked questions and was confused, "Boss, you don't even know what to do, and we are even more amateurs."
Well, why don’t you ask the city government’s legal affairs office directly, maybe they will tell you.”
"Well, that's a good idea."
Back in his office, Lao Qian called the Legal Affairs Office. After he explained the situation, the other party told him that he did not need to prepare any special materials, but it was best not to travel during this period. He might need to be present to explain the situation.
Chapter completed!