Individual Regulations

Original Language Title: 个体工商户条例

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People's Republic of China promulgated by Decree No. 596

                         Of the individual regulations of the Executive meeting of the State Council on March 30, 2011 the 149th passed, are hereby promulgated and, as of November 1, 2011.

                        Prime Minister Wen Jiabao
  April 16, 2011 individual regulations

First in order to protect the legitimate rights and interests of individual industrial and commercial households, encourage, support and guide the healthy development of the individual, strengthen the supervision, management of individual industrial and commercial households, play in important role in the economic and social development and employment, this Ordinance is enacted.

Article has a capacity of citizens, in accordance with the provisions of this Ordinance by the Administrative Department for industry and commerce registration, engaged in commercial operation, for individual businesses.

Owned businesses run by individuals or family business.

Individual's legitimate rights and interests are protected by law, and no unit or individuals may infringe. Third County, autonomous county, city not divided into districts, municipal district administration for industry and Commerce for individual industrial and commercial household registration office (hereinafter referred to as registration authority).

Registration authority in accordance with the Administrative Department for industry and commerce under the State Council can delegate administration for industry and commerce under their individual registration.

Fourth national market equal access and fair treatment for individual principles.

Apply for individual registration, applications for registration do not belong to the scope of business laws and administrative regulations to prohibit industry, the registration organ shall be registered.

Fifth industrial and commercial Administrative Department and other relevant departments of the people's Governments above the county level shall be in accordance with oversight and management of individual businesses.

Individual businesses engaged in business activities shall comply with laws, regulations, social morality, business ethics, honesty and trustworthiness, and accept supervision by the Government and the relevant departments according to law.

Article sixth local people's Governments at all levels and relevant departments of the people's Governments above the county level shall take measures, in place of business, entrepreneurship and job skills training, vocational skills, technological innovation, social security and so on, provide support for individual businesses, convenience and information consulting services.

Article seventh established by law under the guidance of the Association of self-employed workers in industry and commerce administration departments, provide services for individual businesses, protect legal rights individually, guided individual honesty and self-discipline.

Individual voluntary individual laborers Association. Eighth article applies to be registered as self-employed, shall apply to the undertakings local registration authorities to register.

The applicant shall submit a registration application, proof of identity, and locations. Individual registered items including managers names and addresses, forms, business scope, operating sites.

Individual industrial and commercial household use names, names as registered items.

Nineth registration authority according to law review the application materials in accordance with the following provisions:

(A) the application materials are complete and comply with the statutory format, registration on the spot; the application materials are incomplete or not in compliance with the statutory form requirements, inform the applicant of the need on the spot corrections in its entirety;

(B) the need to verify the substantive content of the application materials, according to the verification, and from the date of acceptance of the application in the 15th to make decision whether to be registered;

(C) does not meet the conditions for registration of individual industrial and commercial households, registration and inform the applicant in writing, giving reasons, inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

To be registered, the registration authority shall from the date of registration in the 10th issue business licenses.

Article tenth of individual industrial and commercial household registration changes shall be made to the registration organ for change registration. Individually change the operator, it should be after the cancellation of registration, by the new operators to re-apply for registration.

Individual family members of family-run change operator, in accordance with the provisions of the preceding paragraph change procedures.

11th to apply for registration or change of registration of items belonging to the administrative license shall be obtained according to law, shall be submitted to the registration authority permits.

12th individual industrial and commercial households are no longer engaged in business activities shall be cancellation of registration with the registration authority.

13th individually register registration fee shall be paid in accordance with the relevant provisions of the State.

Article 14th individual shall, annually, within the stipulated time registration authority for annual inspection, and registered by the registration authority in accordance with the individual industrial and commercial households and business to examine the situation the previous year.

Registration authority according to inspection shall not charge any fee for the year.

15th the registration authority and relevant administrative organs shall, in its official website and office space, so that the public knows manner individual applications for registration and administrative license conditions, procedures, deadlines, need to submit all materials catalog and standards issues.

Registration and relevant administrative organs shall provide the applicant applying for an administrative license and registered to provide guidance and referral services.

After 16th individual businesses have received business certificate, it shall register with the tax.

Individual tax registration content changes, it shall change or cancellation of tax registration.

17th no Department or unit may not be assessed on individual funds, shall not force individual sponsor or accept paid service.

Article 18th local people's Governments at various levels will be required for individual production sites into urban and rural construction planning, make overall arrangements.

Individually-approved operation of the venue, no unit or individual may seize.

Article 19th-owned businesses the business license and tax registration certificate, according to law in a bank or other financial institution to open an account, apply for a loan.

Financial institutions should improve and perfect the financial service, to facilitate the individual businesses to apply for loans.

20th-owned businesses based on business need to hire employees.

Individual businesses according to law in China and recruit the conclusion of labour contracts, compliance with laws, administrative regulations, and contractual obligations, shall not be infringed upon the legitimate rights and interests of employees.

Article 21st individually submitted false materials in obtaining registration, or forge, alter, lease, lend or assign the business license, the registration office ordered corrective action, fined not more than 4000 Yuan and in serious cases, revocation of registration or revoke its business license.

22nd individual registration change, without change of registration by the registration office ordered corrective action, fined not more than 1500 Yuan and in serious cases, revoke their business licenses.

Individual businesses are not registered with the tax, the taxation authorities shall order correction within; it fails to mend, attention by the tax authority, the registration authority shall revoke business licenses.

Article 23rd individual businesses within the deadlines to apply for annual inspection, according to the, the registration authority shall order correction within; it fails to mend, revoke their business licenses.

24th in the individual license validity period, relevant administrative organs in accordance with the administrative license revocation, revocation of individual industrial and commercial households, or the expiry date of the permit should be revoked, the revocation of the administrative license or an administrative license notification within 5 working days from the date of expiry of registration authorities, revocation of registration by the registration authority or revoke its business license, or order the party to register such changes in accordance with law.

25th industrial and commercial Administrative Department and other relevant departments should strengthen the management of individual information exchanges, develop individual management information system.

Article 26th Administration for industry and Commerce and other relevant staff, abuse of power, favoritism, bribery or violate the legal rights of the individual shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated according to law.

27th Hong Kong S.A.R., and Macau S.A.R. Chinese citizens among the permanent residents and Taiwan residents are made in accordance with the relevant provisions of the State, apply for registration for individual businesses.

28th individual to the application into a business organization, meets the statutory requirements, registration and relevant administrative organs which should be facilitated.

Article 29th without a fixed place of business vendor management approach, the people's Governments of provinces, autonomous regions and municipalities directly under the provisions according to the situation on the ground. 30th article of the regulations come into force on November 1, 2011. Issued by the State Council on August 5, 1987, abrogated the provisional regulations on the management of urban and rural individual industrial and commercial households.

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