Wish you success!!
According to the
Article 1 is to guide and help the development of the individual economy of urban and rural workers. , strengthen the supervision and management of individual industrial and commercial households, and protect their legitimate rights and interests. These regulations are formulated in accordance with national laws and regulations.
Article 2 Urban unemployed persons, rural villagers and other persons permitted by national policies who have business capabilities may apply to engage in individual industrial and commercial operations and become individual industrial and commercial households upon approval and registration in accordance with the law.
Article 3 Individual industrial and commercial households may operate industry, handicrafts, construction, transportation, commerce, catering, service, repair and other industries within the scope permitted by national laws and policies.
Article 4 An individual industrial and commercial household may operate as an individual or as a family. If the business is run by an individual, the entire personal property shall bear civil liability; if the business is run by a family, all the property of the family shall bear civil liability.
Individual industrial and commercial households can hire one or two helpers according to their business conditions; skilled individual industrial and commercial households can hire three or five apprentices.
Article 5 The legitimate rights and interests of individual industrial and commercial households are protected by state law and may not be infringed upon by any unit or individual.
Article 6 The State Administration for Industry and Commerce and the local administrative bureaus for industry and commerce at all levels shall perform the following administrative duties for individual industrial and commercial households:
(1) Application for engaging in individual industrial and commercial operations Conduct review, registration, and issue business licenses;
(2) In accordance with the provisions of the law and these regulations, manage and supervise the business activities of individual industrial and commercial households, protect legal operations, investigate and deal with illegal business activities, and safeguard urban and rural areas Market order;
(3) Guiding the work of individual workers’ associations;
(4) Other management rights granted by the state.
Relevant industry authorities shall provide business management, guidance and assistance to individual industrial and commercial households in accordance with national regulations.
Article 7 Individuals or families who apply to engage in individual industrial and commercial operations shall apply for registration to the local industrial and commercial administration authorities with their local household registration certificate and other relevant certificates, and obtain a business license upon approval by the county-level industrial and commercial administrative authorities. After that, it can open for business.
If the state stipulates that operators need to meet specific conditions or need approval from industry authorities, they should submit relevant approval documents when applying for registration.
Applications for operating hotels, engraving, trust and consignment businesses, or printing businesses must be reviewed and approved by the local public security authorities.
Article 8 The main items that individual industrial and commercial households should register are as follows: trade name, name and address of the operator, number of employees, amount of capital, form of composition, business scope, business method, and business location.
Article 9 When an individual industrial and commercial household changes the name of the trade name, the address of the operator, the form of composition, the scope of business, the mode of operation, the business location, etc., and the individual industrial and commercial household operated by a family changes the name of the family operator, Change registration must be made to the industrial and commercial administrative authority where the original registration was made. No changes are allowed without approval.
When an individual industrial and commercial household changes its operator, it must re-apply for registration.
Article 10 Individual industrial and commercial households shall go through license verification procedures with the local industrial and commercial administrative authorities within the prescribed time every year. If the application is not processed within the time limit without justifiable reasons, the industrial and commercial administration authorities have the right to confiscate the business license.
Article 11 When an individual industrial and commercial household goes out of business, it must go through the procedures for closing down and surrender its business license. If the business ceases business voluntarily for more than six months, the business license shall be confiscated by the original registration administrative authority for industry and commerce.
Article 12 When an individual industrial and commercial household is surrendered, confiscated or has its business license revoked, it shall pay off its debts to its creditors.
Article 13 Individual industrial and commercial households shall pay registration fees and management fees in accordance with regulations. The charging standards and management methods for registration fees and management fees are jointly formulated by the State Administration for Industry and Commerce and the Ministry of Finance.
Article 14 The local people’s government shall include the production and operation sites required by individual industrial and commercial households in urban and rural construction plans and make overall arrangements. No unit or individual may arbitrarily occupy the business premises that have been approved for use.
Article 15 If the raw materials, fuels and sources of goods required for the production and operation of individual industrial and commercial households need to be supplied by state-owned wholesale units, the supply unit shall make reasonable arrangements and shall not discriminate.
Article 16 Individual industrial and commercial households may open accounts and apply for payment at banks or other financial institutions in accordance with relevant regulations with their business licenses.
Article 17 The business license of an individual industrial and commercial household is a legal certificate issued by the state-authorized industrial and commercial administrative agency. Except that the industrial and commercial administrative agency can withhold or revoke it in accordance with legal procedures, no unit or individual may withhold it. or revoked.
Article 18 Unless otherwise provided by laws, regulations and provincial people's governments, no unit or individual may charge fees from individual industrial and commercial households.
If individual industrial and commercial households collect fees without authorization, the individual industrial and commercial households have the right to refuse to pay, and the industrial and commercial administrative organs at all levels have the right to stop it.
Article 19 Individual industrial and commercial households shall abide by the provisions of national laws and policies, consciously maintain market order, abide by professional ethics, engage in legitimate operations, and shall not engage in the following activities:
(1) ) Speculation and fraud, smuggling and smuggling;
(2) Bullying and dominating the market, driving up prices, buying and selling by force;
(3) Cutting corners, substituting shoddy goods, being short of scale and adulterated Making counterfeits;
(4) Selling food that does not meet hygienic standards and is harmful to human health;
(5) Producing or selling drugs, fake goods, and counterfeit goods;
(6) Selling reactionary, absurd, obscene and piracy books, periodicals, pictures, and audio-visual products;
(7) Other production and business activities not allowed by laws and policies.
Article 20 Individual industrial and commercial households shall handle tax registration, establish account books and declare taxes in accordance with the regulations of the tax authorities, and shall not evade taxes, evade taxes, or resist taxes.
Article 21 When individual industrial and commercial households hire helpers or apprentices in accordance with regulations, they must sign a written contract to stipulate the rights and obligations of both parties, and stipulate labor remuneration, labor protection, welfare benefits, contract period and other matters. The signed contract is protected by national laws and may not be violated at will.
Individual industrial and commercial households engaged in industries related to personal health and life safety must insure their helpers and apprentices with the People's Insurance Company of China.
Article 22 If an individual industrial and commercial household violates the provisions of Articles 7, 9, 10, 11, 13 and 19 of these Regulations, the industrial and commercial administration shall The management authority shall impose the following penalties according to different circumstances:
(1) Warning;
(2) Fine;
(3) Confiscation of illegal gains;
p>
(4) Order to cease business;
(5) Withhold or revoke the business license.
The above penalties can be imposed concurrently.
Those who violate public security management shall be punished by the public security organs in accordance with relevant regulations; those who violate criminal laws shall be held criminally responsible in accordance with the law.
Article 23 If individual industrial and commercial households and their employees refuse or obstruct industrial and commercial administrative personnel and other managers from performing their duties in accordance with the law, which is not sufficient for criminal punishment, they shall be punished by the public security organs in accordance with relevant regulations; in violation of criminal law shall be investigated for criminal liability in accordance with the law.
Article 24 If the staff or other managers of the industrial and commercial administrative organs violate the provisions of these Regulations, seriously neglect their duties, engage in malpractice for personal gain, accept bribes, or infringe upon the legitimate rights and interests of individual industrial and commercial households, the relevant competent authorities shall If the circumstances result, administrative sanctions and economic penalties will be imposed; if economic losses are caused, compensation will be ordered; if criminal laws are violated, criminal liability will be pursued in accordance with the law.
Article 25 If individual industrial and commercial households are dissatisfied with the handling of violations made by the management agency, they shall first implement the handling decision, and then report to the handling agency within 60 days from the date of receipt of the handling decision notice. The superior authority applied for reconsideration. The superior authority shall respond within thirty days from the date of receipt of the application. If it is not satisfied with the reply, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the reply.
Article 26 In accordance with relevant national regulations, individuals or families who operate for-profit cultural education, sports entertainment, information dissemination, scientific and technological exchanges, consulting services, and various technical training and other businesses shall Implement with reference to the provisions of these regulations.
Article 27 The State Administration for Industry and Commerce is responsible for the interpretation of these Regulations; the implementation details shall be formulated by the State Administration for Industry and Commerce.
Article 28 This Regulation shall come into effect on September 1, 1987.