Interim Regulations On The Management Of Individual Industrial And Commercial Households In Urban And Rural Areas

[title] Interim Regulations on the management of individual industrial and commercial households in urban and rural areas

[timeliness] effective

[promulgation unit] State Council

[promulgation date] 1987/08/05

[implementation date] 1987/09/01

[content classification] Business Administration

[text] full text

Article 1 in order to guide and assist the development of individual economy of urban and rural laborers, 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 the provisions of the state laws.

Second urban unemployed persons, rural villagers, and other personnel permitted by the state policy may apply for individual business operations and be registered as individuals and businesses after being approved and registered in accordance with the law.

Third individual businesses can operate industries, handicrafts, construction, transportation, commerce, catering, service, repair and other industries within the scope permitted by national laws and policies.

Fourth individual businesses can operate individually or at home. Management 。 Individuals who are responsible for their own property shall bear civil liability, and the family shall bear civil liability for all property of the family.

Individual businesses can hire one or two helpers according to their operating conditions; skilled individuals. Industrial and commercial households You can bring three or five apprentices.

The legitimate rights and interests of the fifth individual industrial and commercial households are protected by state laws, and no unit or individual may infringe upon them.

The Sixth State Administration for Industry and Commerce and the local bureaus of industry and commerce at all levels perform the following administrative duties on individual businesses:

(1) to examine, register, and issue business licenses for applications for individual business operations;

(two) in accordance with the provisions of the law and the regulations, manage and supervise the business activities of individual industrial and commercial households, protect lawful businesses, investigate and deal with illegal business activities, and maintain market order in urban and rural areas;

(three) give guidance to the work of the association of individual workers;

(four) other administrative powers granted by the state.

The competent departments of all relevant industries shall, in accordance with the provisions of the state, conduct business management, guidance and assistance to individual industrial and commercial households.

Seventh individuals or families who apply for individual business operations shall apply for registration with the local industrial and commercial administration authorities on the basis of their household registration certificates and other relevant certificates.

The state stipulates that operators need to have specific conditions or need approval from the competent departments of industry. They should submit relevant approval documents when applying for registration.

To apply for the operation of hotel industry, lettering industry, trust consignment industry and printing industry, it shall be examined and approved by the local public security organ.

The eighth main items for individual industrial and commercial households to register are as follows: the name of the shop, the name and residence of the operator, the number of employees, the amount of funds, the form of composition, the scope of operation, the mode of operation and the place of business.

The ninth individual businesses change the name of the shop name, the domicile of the operator, the form of composition, the scope of operation, the way of operation, the place of operation, etc., and when the household business owner changes the name of the household operator, he shall make a registration change with the original registration of the industrial and commercial administrative organ. No alteration can be made without approval. {page_break}

When individual operators or individual business operators change their business operators, they should apply for registration again.

The tenth individual industrial and commercial households shall conduct the inspection procedures to the local administrative departments for Industry and commerce within the prescribed time every year. If the company fails to handle the case within the prescribed time limit and has no justifiable reasons, the administrative department for Industry and Commerce shall have the right to confiscate the business license.

When eleventh individual industrial and commercial households shut down, they should go through business procedures and write off their business licenses. If the business is closed for more than six months, the business registration administration shall be seized by the original registered administrative organ for Industry and commerce.

Twelfth individual businesses shall pay debts to the creditors when they are laid off, collected or revoked their business licenses.

Thirteenth individual industrial and commercial households shall pay registration fees and management fees in accordance with regulations. The registration fee and management fee shall be jointly formulated by the State Administration for Industry and Commerce and the Ministry of finance.

Fourteenth production and operation sites for individual industrial and commercial households, the local people's government should be included in the urban and rural construction plan, and make overall arrangements. No unit or individual may arbitrarily encroach on the approved business premises.

The supply of raw materials, fuels and goods needed for the production and operation of the fifteenth individual industrial and commercial households shall be supplied by the state-owned wholesale units. The supply units shall make reasonable arrangements and shall not discriminate against them.

Sixteenth individual industrial and commercial households may open accounts with banks or other financial institutions in accordance with relevant regulations and apply for loans with their business licenses.

The seventeenth business license of individual industrial and commercial households is the lawful certificate issued by the state authorized industry and commerce administration organ. No unit or individual may withhold or revoke it except that the administrative departments for Industry and commerce can withhold or revoke them in accordance with legal procedures.

Article eighteenth except for laws, regulations and other provisions of the provincial people's government, no unit or individual may charge fees to individual industrial and commercial households.

The individual business owners have the right to refuse payment without authorization to collect fees from individual industrial and commercial households, and the administrative departments for Industry and commerce at all levels shall have the right to stop them.

Nineteenth individual industrial and commercial households shall abide by the provisions of the state laws and policies, consciously maintain market order, observe professional ethics, engage in proper business operations, and must not engage in the following activities:

(1) speculation, fraud, smuggling and trafficking;

(two) to dominate the market, raise prices and buy and sell.

(three) shoddy work, shoddy, short scales, small scales, adulteration false;

(four) selling food that does not conform to hygienic standards and is harmful to human health;

(five) producing or selling drugs, fake commodities and counterfeit goods;

(six) selling books, pictures, audio-visual products of reactionary, absurd, obscene and stolen books;

(seven) other production and operation activities prohibited by laws and policies.

Twentieth individual industrial and commercial households shall, in accordance with the provisions of the tax authorities, handle tax registration, establish account books and declare taxes, and shall not evade taxes, evade taxes or resist taxes.

Twenty-first individual industrial and commercial households shall, in accordance with the rules, ask for help and apprentices, and shall sign a written contract, stipulate the rights and obligations of both parties, stipulate labor remuneration, labor protection, welfare benefits, contract period and other matters. The contract signed is protected by the state law and shall not be violated at will.

Individuals and industrial and commercial households engaged in industries related to personal health and life safety must be insured by People's Insurance Company of China for their helpers and apprentices.

In violation of the provisions of seventh, ninth, tenth, eleventh, thirteenth and nineteenth articles of this Ordinance, twenty-second industrial and commercial administrations shall be punished separately according to different circumstances:

(1) warning;

(two) fines;

(three) confiscation of illegal income;

(four) ordering to suspend business;

(five) withholding or revoking the business license.

The above penalties can be concurrently.

Those who violate public security administration shall be punished by the public security organs in accordance with the relevant provisions; if they violate the criminal law, they shall be investigated for criminal responsibility according to law.

Twenty-third individual industrial and commercial households and their employees refuse to obstruct industrial and commercial administrative personnel and other management personnel to perform their duties according to law, which are not yet criminal penalties. They shall be punished by the public security organs in accordance with the relevant provisions; if they violate the criminal law, they shall be investigated for criminal responsibility according to law.

Article twenty-fourth a staff member of an industrial and commercial administrative organ or other administrative personnel who violates the provisions of these regulations seriously loses his duty, malpractices, accepts bribes or infringes upon the legitimate rights and interests of individual industrial and commercial households. The competent authorities concerned shall give administrative sanctions and economic penalties according to the circumstances, and shall be ordered to pay compensation if the economic losses are caused, and criminal responsibilities shall be investigated according to law if the criminal law is violated.

When twenty-fifth individual industrial and commercial households refuse to accept the violation of regulations made by the administrative organ, they shall first implement the decision according to the processing decision, and then apply for reconsideration within fifteen days from the date of receiving the notice of processing decision. The higher authorities shall reply within thirty days from the date of receiving the application. Those who refuse to accept the reply may bring a suit in the people's court within thirty days from the date of receiving the reply.

Twenty-sixth, in accordance with the relevant provisions of the state, business activities such as cultural education, sports entertainment, information dissemination, scientific and technological exchanges, advisory services, and various technical training, which are profitable for personal operation or family business, shall be carried out in accordance with the provisions of these regulations.

The twenty-seventh regulations are interpreted by the State Administration for Industry and commerce, and the detailed rules for implementation are formulated by the State Administration for Industry and commerce.

The twenty-eighth regulations come into effect on September 1, 1987.