Individual Industrial And Commercial Household Registration Management 2014 (Revised)

Original Language Title: 个体工商户登记管理办法(2014年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398663.shtml

Individual industrial and commercial household registration management 2014 (revised)

    (September 30, 2011, State administration for industry and commerce, the 56th released February 20, 2014, State administration for industry and Commerce announced 63rd since March 1, 2014, the State administration for industry and commerce on changes of People's Republic of China regulations on registration regulations, and the provisions on administration of foreign-invested partnership enterprise registration, registration of individual-owned enterprises approach, decisions of individual industrial and commercial household registration management regulations amendments)

    Chapter I General provisions

    First to protect individual interests, encourage, support and guide the healthy development of individual industrial and commercial households, and standardize the administration of registration of individual behavior, based on the individual business Ordinance, these measures are formulated.

    Article has a capacity of citizens registered with the industrial and commercial Administrative Department, receiving individual license to carry out business activities.

Article individually register, change and cancellation of registration shall be in accordance with the regulations of the individual industrial and commercial households and these measures.

    Apply for individual registration, the applicant shall be responsible for the authenticity of the application materials.

Article fourth Administration for industry and commerce is the individual's registration authority.

State administration for industry and commerce administration of registration of individual industrial and commercial households across the country.

Provinces, autonomous regions and municipalities directly under the administration of industry and Commerce and the city (region) Administration for industry and commerce are responsible for individual business registration and administration of their respective jurisdictions.

    County, autonomous county, city not divided into districts of the city administration of industry and Commerce and the District Administration for industry and commerce registration authority of the branch of individual business (hereinafter referred to as registration authority), is responsible for the registration of individual businesses within their respective jurisdictions.

    Fifth registration authorities can delegate its administration for industry and Commerce (hereinafter referred to as Commerce) go through the individual registration.

    Chapter II registration

Sixth individual registration includes:

(A) the operator name and domicile;

(B) form;

(C) business scope;

(D) the place of business.

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

    Article seventh name and domicile refers to registration for the individual citizen's name and domicile address in detail.

Article eighth form, including personal and family-run.

    Family-owned business, names of family members participating in the operation shall also record.

Nineth scope refers to individual industrial and commercial households and activities by trade category.

    Registration authority according to the applicant, reference category in the national industrial classification standard, registered self-employed business.

Article tenth place, refers to the individual address of place of business.

    Individual industrial and commercial households registered by the registration authority of the place of business can only be in one place.

    11th individually to the application using the name, and should be handled according to the individual business name registration management.

    Chapter III registration application

Article 12th operation, operator I for applicant; family-owned business, with family members in the host operator for the applicant.

    Entrusts an agent to apply for registration, change or cancellation of registration, it shall submit a power of Attorney of the applicant and the agent's identity or qualifications.

Section 13th individually registered, the applicant or their authorized agents can go directly to the establishments of local registration authorities; registration of individual industrial and commercial household registration entrusted its subordinate business, place of business where trade and industry register. The applicant or their authorized agents can be sent by mail, fax, electronic data interchange, electronic mail, to the place of business submit applications to the local registration authority. By fax, electronic data interchange, e-mail submission, it shall provide the applicant or the agent's contact information and mailing address.

    Application for registration authority be admissible, the applicant shall, from the date of receipt of the notice of acceptance within the 5th, submitted by fax, electronic data interchange, e-mail content consistent application for original material.

Apply for individual registration article 14th, shall submit the following documents:

(A) sign the individual applications for registration;

(B) identification of the applicant;

(C) management place certificate;

    (D) other documents submitted by the provisions of the State administration for industry and commerce.

15th to apply for individual registration, shall submit the following documents:

(A) the applicant's application for registration of change of individual industrial and commercial households;

(B) apply for a change of business location, shall submit the certificate of new business premises;

    (C) the other documents submitted by the provisions of the State administration for industry and commerce.

Article 16th individual cancellation of registration shall submit the following documents:

(A) individual application for deregistration signed by the applicant;

(B) individual originals and all copies of business license;

    (C) the other documents submitted by the provisions of the State administration for industry and commerce.

    17th registered, registration of changes covering the operation of national laws, administrative regulations or the State Council decided that the pre-registration subject to the approval of the project, before applying for registration should be submitted to the approval of the relevant departments of the State and related approval documents submitted to the registration authorities.

    The fourth chapter, examine and decide

18th the registration authority upon receipt of the registration application submitted by the applicant, application materials are complete and comply with the statutory format, should be inadmissible.

Application materials are incomplete or not in compliance with the statutory form, the registration organ shall immediately inform all applicants need to supplement the content, all corrected application materials in accordance with requirements of the applicant, the registration authority shall be accepted.

    Application errors that can be corrected on the spot, the registration organ shall permit the applicant to be corrected on the spot.

Article 19th registration authority to accept an application for registration, apart from registration on the spot, shall be issued to the applicant notice of acceptance.

The registration application is not admissible, registration authority not to accept, send to the applicant a rejection notice.

    Application according to law does not belong to the category of individual industrial and commercial household registration, the registration authority shall decide not to accept immediately, and indicate to the applicant the reasons.

20th complete application materials submitted by the applicant, in compliance with the statutory form, the registration authority shall be registered on the spot, grant registration to the applicant a notice. In accordance with the statutory conditions and procedures, need to be verified by the substantive content of the application materials, the registration authority shall be assigned more staff to verify and submit application materials verification report.

    Registration authority shall, from the date of accepting an application for registration in the 15th the decision whether or not to grant registration.

    Article 21st by post, fax, electronic data interchange, e-mail and submitted to and accepted by the registration authority, registration authority shall, from the date of accepting an application for registration in the 15th the decision whether or not to grant registration. 22nd the registration authority decided to grant registration shall be issued to the applicant granting individual notice of registration and issue to the applicant in the 10th individual license.

    Registration shall be issued to the applicant individually registered written notice of such dismissal.

    Supervision and administration of the fifth chapter

Article 23rd individually sent to the registration organ shall be from January 1 to June 30 of each year an annual report on, and be responsible for the authenticity and legality of its annual report.

    Individual annual reports, publicity measures shall be formulated separately by the State administration for industry and commerce.

    Article 24th individual license (hereinafter referred to as the business license) includes the original and a copy containing the name of an individual industrial and commercial households, operator name, form, business location, business scope, the date of registration and registration number, licensing authorities and time information, and duplicate copies of the same legal effect.

    25th the original business license should be placed in striking position of individual undertakings.

    26th individually change registration related license matters set forth, the registration authority shall issue a license.

27th business license is lost or damaged, the individual businesses shall be filed with the registration authority to apply for a replacement or replacement.

    Business license is lost, individual businesses also declared void shall be published in the press.

Article 28th of the following circumstances, registration office or the higher authority according to the request of the interested party or ex officio, may revoke the registration of individual industrial and commercial households:

(I) registration authorities of personnel who abuse their powers, neglect their duties decided to grant registration;

(B) beyond the statutory authority decided to grant registration;

(C) the violation of legal procedures to approve the registration decision;

(D) is not eligible or an applicant who does not meet the statutory requirements to grant registration;

(E) the registration may be revoked according to law in other circumstances.

Applicant fraud, bribery or other improper means to obtain registration of individual industrial and commercial households, shall be revoked.

Registration in accordance with the provisions of the preceding two paragraphs to withdraw individual industrial and commercial households, may cause significant harm to the public interest, it shall not be annulled.

    In accordance with the provisions of the first paragraph of this article to withdraw registration of individual industrial and commercial households, operators ' legitimate rights and interests of injured, the administrative organ shall give compensation.

    29th to repeal the registration decision by the registration authority shall be issued to an applicant the registration decision.

    Article 30th article 24th of the administrative authorities in accordance with the regulations of the individual industrial and commercial households, notify the registration authority to individual administrative license revocation, revocation or expiry of the administrative licensing, registration organ should deregister or revoke its business license, or order the party to register such changes in accordance with law.

    31st the registration authority shall, in accordance with relevant regulations of the State administration for industry and commerce, relying on individual industrial and commercial household registration database, using information technology, individual credit supervision, promote the construction of social credit system.

    Sixth chapter registration information publicity, public

Article 32nd registration authority shall, at the place of registration and website publicity individual registration of the following:

(A) registration;

(B) registration basis;

(C) the conditions for registration;

(D) registration procedures and deadlines;

(E) submit application materials catalog and application model;

(F) registration fees and basis.
Registration authorities upon the request of the applicant should be publicized description, explain.

    Article 33rd public inspection the following information for individual industrial and commercial households, the registration organ shall provide:

(A) the information about the registration, modification and cancellation of the registration;

    (B) the provisions of the State administration for industry and commerce to disclose other information.

    Article 34th individual registration materials relating to State secrets, business secrets and personal privacy, the registration authority shall not be open to the public.

    The seventh chapter legal liability

    35th individual obtaining registration submitted false materials, 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.

    Article 36th individual industrial and commercial household registration changes, 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.

    37th individual violations of the provisions of article 25th, the registration authority shall order correction within; it fails to mend, fined not more than RMB 500 Yuan.

    The eighth chapter by-laws

    Article 38th 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.

    39th individual application into a business organization, the registration organ shall provide to continue to use the original name of font sizes, maintain business continuity market forms such as registration files changes in facilities, and relevant policy, regulatory and information consulting services.

40th individual registration or alternation shall pay the registration fee.

    Individual registration fees, in accordance with the relevant provisions of the State.

    41st individual industrial and commercial household registration document formats as well as the original and copy of the business license of style, formulated by the State administration for industry and commerce. 42nd these measures come into force on November 1, 2011. September 5, 1987 industry and Commerce announced on December 3, 1998, State administration for industry and the 86th Amendment to the implementing rules for the interim regulations on the management of urban and rural individual industrial and commercial households, of July 23, 2004 13th the State administration for industry and Commerce announced the abolition of the individual industrial and commercial household registration procedures at the same time.