Coal is not a state monopoly commodity stipulated by law, and it does not constitute an illegal act according to the principle of "permission is deemed if there is no prohibition by law". However, engaging in coal business needs to be declared.
1, enterprises engaged in coal business shall, after handling industrial and commercial registration, put on record with the local coal business supervision and management department at the same level within 30 working days to inform them of the basic situation of coal business;
2, the record list of coal enterprises, coal business supervision and management departments should be published through public newspapers, websites and other means. And accept the supervision of the society and relevant departments;
3. To engage in coal business, you must first register in the industrial and commercial department and obtain an industrial and commercial business license, and add "coal" to the business scope of the industrial and commercial business license;
4, must also be in the coal business before 30 working days to the local coal business supervision and management departments for the record.
Sentencing standard for the crime of illegally operating coal;
Engaged in other illegal business activities, under any of the following circumstances:
1, the amount of personal illegal business is more than 50,000 yuan, or the amount of illegal income is more than 1 10,000 yuan;
2. The illegal business operation amount of the unit is more than 500,000 yuan, or the illegal income amount is more than100,000 yuan;
3, although not up to the above amount standard, but within two years due to the same kind of illegal business behavior by administrative punishment for more than two times and the implementation of the same kind of illegal business behavior; The above is the sentencing standard for the crime of illegal business operation.
Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC).
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.