Article 1 These Regulations are formulated in order to encourage, support and guide the healthy development of individual economy, safeguard the legitimate rights and interests of individual industrial and commercial households, stabilize and expand urban and rural employment, and give full play to the important role of individual industrial and commercial households in national economic and social development.
Article 2 These Regulations shall apply to citizens who have the ability to engage in industrial and commercial operations in People's Republic of China (PRC) and are registered as individual industrial and commercial households according to law.
Article 3 Promote the development of individual industrial and commercial households, adhere to the leadership of the Party, and give play to the leading role of Party organizations in the development of individual industrial and commercial households and the vanguard and exemplary role of party member.
Party organizations in individual industrial and commercial households and party member carry out party activities in accordance with the provisions of Constitution of the Communist Party of China.
Article 4 The individual economy is an important part of the socialist market economy, and individual industrial and commercial households are important market subjects, which play an important role in prospering the economy, increasing employment, promoting entrepreneurship and innovation, and facilitating people's lives.
The state continues to deepen decentralization, combine decentralization with management, optimize service reform, optimize business environment, actively support, strengthen guidance, standardize according to law, and create favorable conditions for the healthy development of individual industrial and commercial households.
Article 5 The State practices the principle of equal market access and fair treatment for individual industrial and commercial households.
Article 6 Individual industrial and commercial households may operate individually or in families. The legitimate rights and interests of individual industrial and commercial households such as property rights and business autonomy are protected by law, and no unit or individual may infringe upon or illegally interfere.
Article 7 the State Council shall establish an inter-ministerial joint conference system to promote the development of individual industrial and commercial households, study and promote the implementation of major policies and measures to promote the development of individual industrial and commercial households, and coordinate and coordinate major issues to promote the development of individual industrial and commercial households.
The State Council market supervision and management department shall, jointly with relevant departments, strengthen macro guidance, comprehensive coordination, supervision and inspection on promoting the development of individual industrial and commercial households.
Article 8 the State Council's development and reform, finance, human resources and social security, housing and urban and rural construction, commerce, finance, taxation, market supervision and management and other relevant departments shall, within the scope of their respective functions and duties, study and formulate policies and measures such as tax and fee support, entrepreneurship support, vocational skills training, social security, financial services, registration and rights protection, and do a good job in promoting the development of individual industrial and commercial households.
Article 9 The local people's governments at or above the county level shall incorporate the promotion of the development of individual industrial and commercial households into their national economic and social development plans, formulate specific measures and organize their implementation in light of the development of individual industrial and commercial households in their respective administrative areas, and provide support for the development of individual industrial and commercial households.
Article 10 The State shall strengthen the monitoring and analysis of the development of individual industrial and commercial households, conduct regular sampling surveys, monitoring statistics and activity analysis, and strengthen the collection, sharing and application of development information of individual industrial and commercial households.
Article 11 The registration authority of market entities shall provide legal, compliant, standardized, open, transparent, convenient and efficient registration services for individual industrial and commercial households.
Twelfth the State Council market supervision and management departments should be based on the development characteristics of individual industrial and commercial households, reform and improve the annual report system of individual industrial and commercial households, simplify the content, optimize the process, and provide simple and convenient annual report services.
Thirteenth individual industrial and commercial households can voluntarily change their operators or transform into enterprises. If the operator changes, he may directly apply to the market entity registration authority for registration of change. Where the relevant administrative license is involved, the administrative licensing department shall simplify the procedures according to law and provide convenience for individual industrial and commercial households.
If individual industrial and commercial households change their operators or transform into enterprises, they shall settle the tax payable according to law, properly handle the original creditor's rights and debts, and shall not harm the legitimate rights and interests of others.
Article 14 The state strengthens the construction of public service platform system for individual industrial and commercial households, and provides information services such as legal policies, market supply and demand, employment recruitment, entrepreneurship training and financial support for individual industrial and commercial households.
Article 15 Under the guidance of the market supervision and management department, the self-employed workers' association established according to law will give full play to the role of a bridge, promote the party building work of individual industrial and commercial households, provide services for individual industrial and commercial households, safeguard their legitimate rights and interests, and guide individual industrial and commercial households to be honest and self-disciplined.
Individual industrial and commercial households voluntarily join the association of individual workers.
Article 16 When formulating relevant policies and measures, the government and its relevant departments shall fully listen to the opinions of individual industrial and commercial households and relevant industry organizations, and shall not, in violation of regulations, formulate or implement policies and measures that discriminate against individual industrial and commercial households in terms of qualification licensing, project declaration, government procurement and bidding.
Seventeenth local people's governments at or above the county level shall, according to the actual situation of their respective administrative areas, carry out classified cultivation and precise assistance to individual industrial and commercial households according to their industry types, business scale and business characteristics.
Eighteenth local people's governments at or above the county level shall take effective measures to increase the supply of business premises for individual industrial and commercial households and reduce the use cost of business premises.
Article 19 The State encourages and guides venture capital institutions and social funds to support the development of individual industrial and commercial households.
The local people's governments at or above the county level shall give full play to the role of various funds to provide financial support for individual industrial and commercial households' entrepreneurial innovation, loan financing and vocational skills training.
Article 20 The state implements fiscal and tax policies that are conducive to the development of individual industrial and commercial households.
Local people's governments at or above the county level and their relevant departments shall strictly implement relevant fiscal and taxation support policies to ensure that individual industrial and commercial households benefit accurately and timely.
Article 21 The state promotes the establishment and improvement of the credit evaluation system for individual industrial and commercial households, encourages financial institutions to develop and provide financial products and services suitable for the development characteristics of individual industrial and commercial households, expands the scale and coverage of loans for individual industrial and commercial households, and improves the accuracy and convenience of loans.
Twenty-second local people's governments at or above the county level shall support individual industrial and commercial households to participate in social insurance, and give corresponding support to eligible individual industrial and commercial households.
Twenty-third local people's governments at or above the county level should improve entrepreneurship support policies, support individual industrial and commercial households to participate in vocational skills training, and encourage various public employment service institutions to provide employment services for individual industrial and commercial households.
Twenty-fourth local people's governments at or above the county level shall, in combination with the construction of urban and rural community service system, support individual industrial and commercial households to engage in business activities closely related to residents' daily life in the community to meet residents' daily consumption needs.
Article 25 The State guides and supports individual industrial and commercial households to speed up digital development and realize integrated online and offline operation.
Platform operators shall provide support for the online operation of individual industrial and commercial households in terms of access conditions, service rules and charging standards, and shall not unreasonably restrict, attach unreasonable conditions or charge unreasonable fees to individual industrial and commercial households in the platform by means of service agreements, platform rules, data algorithms and technologies.
Article 26 The State strengthens the protection of the rights of individual industrial and commercial households such as trade names, trademarks, patents and trade secrets.
The state encourages and supports individual industrial and commercial households to improve the level of creation and application of intellectual property rights and enhance market competitiveness.
Article 27 Local people's governments at or above the county level shall give full consideration to the business needs and practical difficulties of individual industrial and commercial households and provide guidance and assistance when formulating and implementing relevant policies and measures such as urban and rural construction planning, urban and traffic management, city appearance and environmental management, and industrial upgrading.
Twenty-eighth people's governments at all levels shall, according to the actual situation, take timely rescue measures for individual industrial and commercial households that have operational difficulties due to natural disasters, accidents, public health incidents and social security incidents.
Twenty-ninth the government and its relevant departments shall, in accordance with the relevant provisions of the state, commend and reward the advanced models of individual industrial and commercial households, and constantly enhance the sense of honor of individual industrial and commercial households.
Article 30 No unit or individual may charge individual industrial and commercial households or charge them in disguised form in violation of laws, regulations and relevant provisions of the state, expand the charging scope or raise the charging standard without authorization, raise funds or apportion funds from individual industrial and commercial households, or force individual industrial and commercial households to provide sponsorship or accept paid services.
No unit or individual may induce or force workers to register as individual industrial and commercial households.
Article 31 State organs, enterprises and institutions shall not require individual industrial and commercial households to accept unreasonable payment terms, methods, conditions and liabilities for breach of contract, shall not default on accounts of individual industrial and commercial households, and shall not default on accounts in disguised form by forcing individual industrial and commercial households to accept commercial bills and other non-cash payment methods.
Thirty-second local people's governments at or above the county level shall improve the development quality of individual industrial and commercial households, and shall not take the growth rate of the number of individual industrial and commercial households and the annual reporting rate as performance appraisal indicators.
Thirty-third individual industrial and commercial households have the right to complain and report to the relevant departments for violations of the provisions of these regulations and violations of their legitimate rights and interests.
The local people's governments at or above the county level and their relevant departments shall smooth the channels of complaints and reports and deal with them in a timely manner according to law.
Thirty-fourth individual industrial and commercial households should operate according to law, be honest and trustworthy, and consciously fulfill their legal obligations in employment, production safety, food safety, occupational health, environmental protection and fair competition.
The relevant administrative departments should strengthen supervision and management in key areas involving public safety and people's lives and health, and maintain a good market order.
Thirty-fifth individual industrial and commercial households to carry out business activities in violation of relevant laws and regulations, the relevant administrative departments shall, in accordance with the principle of combining education with punishment and excessive punishment, be dealt with according to law.
Thirty-sixth government and its relevant departments staff in promoting the development of individual industrial and commercial households do not perform or do not perform their duties correctly, damage the legitimate rights and interests of individual industrial and commercial households and cause serious consequences, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 37 China citizens and residents of Taiwan Province Province who are permanent residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region may apply for registration as individual industrial and commercial households in accordance with relevant state regulations.
Thirty-eighth provinces, autonomous regions and municipalities directly under the central government may formulate specific measures to promote the development of individual industrial and commercial households in light of the actual conditions of their respective administrative regions.
Article 39 These Regulations shall come into force on June 2022 1 1. The Regulations on Individual Industrial and Commercial Households shall be abolished at the same time.