The term "individual industrial and commercial households" as mentioned in these Regulations refers to citizens whose production and operation capital is privately owned, mainly engaged in individual, partnership or family labor, and who have been approved and registered according to law and engaged in production and operation activities of industry and commerce and other industries permitted by laws and regulations.
The term "private enterprise" as mentioned in these Regulations refers to a profit-making economic organization that is invested by citizens individually or in partnership, the assets of which are privately owned, and employs labor force for production and business activities, and has been approved and registered according to law. Article 4 People's governments at all levels (including regional administrative offices, the same below) shall incorporate the development of individual industrial and commercial households and private enterprises into the national economic and social development plan, take effective measures to encourage, guide and support their development, and strengthen management and supervision according to law. Fifth individual industrial and commercial households and private enterprises engaged in production and operation must abide by the Constitution, laws and regulations.
The legitimate rights and interests of individual industrial and commercial households and private business owners and their employees (including employed managers and employees, apprentices, etc., the same below) are protected by law. Article 6 Private enterprises shall support workers to establish trade unions according to law, safeguard their legitimate rights and interests, and provide necessary conditions for trade unions to carry out their activities. Seventh individual industrial and commercial households, private entrepreneurs and their employees are members of the individual and private economic association. Individual industrial and commercial households and private business owners may voluntarily apply to join the Federation of Industry and Commerce.
The Federation of Industry and Commerce and the individual and private economic associations shall educate their members on patriotism, dedication and law-abiding, provide services for the production and operation of individual industrial and commercial households and private enterprises in accordance with relevant state regulations, and safeguard the legitimate rights and interests of their members.
Individual and private economic associations shall accept the guidance of the administrative authorities for industry and commerce at the same level. Chapter II Registration Article 8 The administrative departments for industry and commerce of the people's governments at or above the county level are the competent registration authorities for individual industrial and commercial households and private enterprises.
Individual industrial and commercial households shall be registered by the administrative department for industry and commerce of the people's government at the county level. Private enterprises shall be registered at different levels by the administrative departments for industry and commerce of the people's governments at or above the county level, and the specific measures shall be formulated separately by the provincial people's government. Article 9 The following citizens with full capacity for civil conduct may apply to engage in individual industry and commerce or to start private enterprises:
(1) Villagers in rural areas;
(2) Unemployed people in cities and towns;
(3) Persons who have resigned, resigned or approved to leave their posts without pay, and those who have been allowed to leave their posts by their own units in the enterprise;
(4) Retired personnel;
(5) Other personnel permitted by laws and regulations. Tenth industries and projects prohibited by laws, regulations and administrative rules, individual industrial and commercial households and private enterprises can choose their own industries and projects engaged in production and operation. Article 11 To apply for engaging in individual industry and commerce and setting up private enterprises, one must apply for registration with the local registration authority with written application and ID card, and only after the registration is approved and a business license is issued can production and business activities be carried out.
Industries and projects that are subject to special examination and approval or licenses as stipulated by laws, regulations and administrative rules shall submit relevant approval documents or licenses when applying. Article 12 The registration authority, the department responsible for special examination and approval or licensing, must complete the application for engaging in individual industrial and commercial operation and starting private enterprises within 15 days after receiving it; If it does not meet the requirements, it shall explain the reasons and notify the applicant in writing. However, unless laws and regulations provide otherwise for the processing time limit.
The application for registration of a private enterprise with legal person status shall be handled in accordance with the Company Law of the People's Republic of China and the Regulations on the Administration of Registration of Enterprises as Legal Persons of the People's Republic of China. Thirteenth enterprises with a private capital ratio of more than 50% shall be registered and managed as private enterprises, except that collective enterprises are reorganized into joint-stock cooperative enterprises and laws and regulations provide otherwise.
A private enterprise with legal person status shall not reduce its registered capital without authorization, and shall not evade its debts.
Individual industrial and commercial households and private enterprises may not register in the name of state-owned enterprises or collective enterprises. Fourteenth individual industrial and commercial households and private enterprises shall, within 30 days after receiving the business license, go through the tax registration with the tax authorities with the business license. Fifteenth individual industrial and commercial households need to change the approved production and business registration items, should go through the registration of change; If it can't produce and operate for more than 1 month after opening, it shall go through the business suspension registration, but the business suspension time shall not exceed 6 months.
Individual industrial and commercial households shall go through the cancellation of registration in any of the following circumstances:
(a) after the suspension of business registration, the suspension of business for more than 6 months;
(2) Termination of production and operation due to merger;
(3) Transferring or selling assets engaged in production and operation. Sixteenth private enterprises in the event of division, merger, transfer, relocation and change of registered items, it shall go through the registration of change or re-registration; If it goes out of business, it shall cancel its registration.