Key Benefits:
(Adopted by Decree No. 216 of 12 May 2003 of the Government of the South Kyoto Republic, which was published as of 1 July 2003) Chapter I General In order to promote the healthy development of the private individual economy under the socialist market economic system, the legitimate rights and interests of private enterprises and individual businessmen are guaranteed, in accordance with the relevant legal, regulatory provisions, to develop this approach in conjunction with the current market. Article 2 applies to private enterprises and individual businessmen registered under the law in this city's administration area. This approach states that private enterprises include private enterprises in the form of individual sole-source enterprises, partnerships, corporate-based private enterprises and other organizations such as civil-technical enterprises. Article 3 is an important part of the socialist market economy, which is a major force for the realization of the richer city, leading to modernization. Private enterprises and individual businessmen have equal treatment with other market actors, their legitimate rights are protected by law and no organization or individual may be violated. Private businesses and individual businessmakers should adhere to the commercial ethics of good faith, operate under the law, tax, fair competition and receive the supervision of the executive branch in accordance with the law. Article IV. Governments at all levels should incorporate the promotion of private individual economic development into their national economic and social development plans, strengthen industrial orientation, create equitable market access conditions and a fair market competition environment. People's Governments and the media at all levels should strengthen public awareness of the private individual economy and create a good social opinion environment conducive to the private self-economic development. Article 5 establishes a private economic leadership group for the development of the private sector, with the harmonization of leadership and integrated coordination of private economic work in the city. Relevant sectors such as business, tax, science and technology, personnel, labour, economy and construction are guided, service and oversight of the development of the private individual economy, in accordance with their respective responsibilities. Article 6 provides recognition and incentives to private enterprises and individual businesses that have made a prominent contribution in the building of physical civilization and spiritual civilization. Article 7 Chapter II Supports and encourages Article 8 citizens who have full civil behaviour capacity, with the exception of laws, regulations and regulations, can choose to operate autonomously to apply directly to the business administration for the establishment of private enterprises and individual businesses. The business administration should authorize registration within 15 working days of the date of receipt and be granted a licence for business; the non-registration should explain the reasons for the written notification of the applicant. In accordance with the law, regulations require specific approval, a certificate of qualifications or a licence, the relevant sector shall be processed within 15 working days of the date of receipt; and, if not, the applicant shall be informed in writing. The relevant sectors commit to the process of the process to society for a short period of 15 working days, which is due to the commitment period. Article 9. The Government of the people at all levels and its relevant departments shall not establish pre-removal clearances for registration by private enterprises and individual businesses outside the provisions of the law, administrative regulations. Article 10 Governments at all levels and their relevant sectors should be publicized to streamline the process of doing business, improve efficiency, facilitate the provision of services to private enterprises and individual businesses in the areas of legal advice, industrial policy, investment orientation, scientific and technical information, social insurance, security production, quality certification, environmental protection, labour personnel. Article 11. Private enterprises and individual businessmen may benefit from the following preferential policies, in accordance with the relevant provisions of the State and the provinces and municipalities: (i) Private industrial enterprises in line with industrial orientations and conditions that may declare and arrange national, provincial, municipal, priority technology adaptation projects, priority technology innovation projects, major equipment national production innovation development projects, science-policy projects and high-technical industrialization projects, and enjoy the same preferential policy with other enterprises; (ii) Private enterprise investment projects consistent with prescribed conditions, as well as domestic investment projects that are included in the current National Focus To encourage the development of industries, products and technology catalogues, which enjoy the policy of preference, as prescribed; (iii) The development of new products by private enterprises, which belong to national, provincial and provincial new products, enjoys financial support from the date of the identification of production, in accordance with the prescribed fiscal subsidy policy; (iv) The costs of private enterprises for researching the development of new products, new technologies, new processes and the acquisition of testing instruments and key equipment for research on the development of new products, new technologies, new processes, within the prescribed amount, may be deducted at the cost prior to the taxation; (v) Civil-technical enterprises, as determined by the scientific and technological authorities, which have incurred technical development costs as compared to the previous year, with the approval of the tax authorities, may be offset in proportion to the amount of annual tax revenues. The National Science and Technology Enterprise, which is determined by the scientific and technological authorities as a high-technical enterprise and software enterprise, receives the relevant national policies for income taxation and value-added tax relief, respectively; (vi) Private enterprises with independent accounting for consultancy, information and technology services, with the approval of the tax authorities, and with respect to policies relating to the payment of corporate income tax relief; (vii) Individual income tax revenues for personal sole-source businesses and partner enterprises to end the collection of corporate incomes, and the income earned by investors on their production is taxed on the basis of personal income tax revenues arising from the production of their individual business and industrial owners; (viii) Relocation of towns, unemployed persons, lay-offs and persons with disabilities to the proportion of State-specific provisions, with corresponding preferential policies as provided by the State; (ix) Other preferential policies that can be enjoyed in accordance with national and provincial and municipal provisions. Article 12 funds established by the people's governments at all levels enjoy the same rights as those of private enterprises in terms of application and use. Article 13 encourages commercial banks to adapt their credit structures, work to improve financial services, create a fair financing environment and support private individual economic development. Article 14. Governments at all levels should coordinate the relevant sectors, establish a social credit service system and provide credit information for private businesses and individual business-owner financing. The municipal, district, district and district commercial federations and private self-government associations can organize services that provide financing security to private enterprises and individual businessmen, and the governments of all levels should be given support. Private enterprises, individual business and other enterprises or organizations may jointly finance the establishment of security institutions that provide security services to eligible private enterprises and individual businessmen. Article 15 encourages private enterprises to establish a modern enterprise system that supports conditional private enterprises to introduce stock-based transformations that finance or distribute corporate bonds through capital markets. Various sectors of government should support the participation of private businesses and individual businessmakers in various forms, such as the Parti, the Control Unit, merger and acquisition, in other forms, and the provision of relevant preferential treatment to private enterprises and individual businessmakers. Article 16 encourages private enterprises to produce export-oriented products from abroad, to introduce funds, advanced technology and advanced management approaches and to undertake international exchange and cooperation. Private enterprises are encouraged to start processing trade and production-oriented enterprises outside the country, with domestic product exports. Private enterprises that meet the requirements of the State are encouraged to carry out import and export operations. Article 17 encourages private enterprises to carry out technical cooperation, development and communication with research institutions, colleges and colleges to promote the industrialization of scientific and technological outcomes and to actively develop scientific and technological private enterprises. Article 18 encourages other enterprises to develop collaborative relationships with private enterprises based on market resource allocation, stable raw materials supply, production, marketing, technology development and technological adaptation, and to stimulate private enterprise development. Article 19 encourages and fosters the creation of intellectual property and branding awareness by private enterprises and individual businessmakers, actively declares domestic and foreign patents, possesses and protects intellectual property, create, nurture and develop brand products, and rejects credit-based businesses, well-known trademarks and heavy contracts. Article 20, where field personnel operate private businesses in this city, investors themselves, spouses, minor children, and employed field professionals, business managers may apply for the processing of the regular home at this city in accordance with the provisions. Article 21, Individuals in the field and private business owners and their practitioners have already been certified, and secondary schools (previously), primary and kindergartens should receive their children's admission, access and receive fees according to government standards. The departments and units concerned should not be allowed to raise the fee rate. Chapter III Protection of rights Article 22 Private enterprises have equal treatment with other enterprises in the areas of market access, land use, credit, taxation, market financing, import and export, use of foreign exchange, participation in government procurement and tendering, identification of high-new technology enterprises and software enterprise products, declaration of government plans, scientific incentives, access to licences and qualifications certificates and the introduction of talents. Article 23. Private enterprise personnel, in terms of evaluation, skills identification, selection, advanced selection, and the granting of honorarys, apply uniform standards with other corporate employees of a different nature and enjoy equal rights. Article 24 protects the right to property, intellectual property, commercial secrets and other legitimate rights of private enterprises and individual businessowners under the law. In cases where the legitimate rights and interests of private enterprises and individual businessmen are violated, the relevant executive bodies should be checked in a timely manner. Article 25 Governments at all levels and their relevant sectors should be consulted with private businesses and individual business owners when developing normative documents, decisions or measures related to the rights of private enterprises and individual businessmen. Nor shall the normative documents, decisions or measures developed contain elements that discriminate against private enterprises and individual businesses and undermine their legitimate rights and interests. Article 26 Licences obtained by private enterprises and individual businessmen under the law are legal vouchers for the production of business activities, and no units and individuals shall be seized and cancelled except if the business administration is legally seized or cancelled. Article 27 provides that private enterprises and individual businessmen are lawfully operating places, and no units and individuals shall be unlawfully seized. The construction units should be accommodated and compensated in accordance with the law, as a result of the State's construction of land or the dismantling of the place of operation. Article 28, in addition to administrative expenses approved by the law, legislation or by the State Department, the provincial government and its financial, price administration sector, may not establish administrative fees charged to private businesses and individual businesses. In the case of the charges imposed on private enterprises and individual businessmen, staff should present a fee-based, fee-for-feasing documents and price authorities and open the basis for the collection prepared by provincial financial authorities. Article 33 is one of the following acts by the executive branch, and private enterprises and individual businessmakers have the right to refuse and may lodge complaints, reports to the relevant authorities: (i) Non-legal taxes, fines; (ii) The criminal assessment of human, material and financial resources; (iii) Forcible or transcendant requests for sponsorship, contributions and pooling; (iv) Limit the purchase of the goods or services of the designated operators; (v) mandatory purchase of price securities, purchase of books; (vi) In violation of voluntary principles, forced accession to various industrial associations, social groups; (vii) Other violations, violations. Article 31, the legitimate rights and interests of private enterprises and individual businessholders are infringed by executive organs, which can be addressed through the following means: (i) Complaints to private independent economic counselling centres, civil and scientific enterprise complaints centres (hereinafter referred to as complaints centres); (ii) Complaints to the Business Federation or the private Association of Individual Economy, the Association of Civil and Technological Enterprises, the Business Federation, the Entrepreneurship Association; (iii) To reflect the inspection authority; (iv) Complaints to the relevant administrative authorities or superior administrative organs; (v) Applications for administrative review in accordance with the law; (vi) To initiate administrative proceedings in accordance with the law. Complaints by the Complaints Centre for private enterprises and individual businessmen should be transferred to the responsible sectors and units within two working days of the date of receipt of the complaint. The Government's relevant departments and units should be dealt with within 10 working days and informed of complaints and complaints centres. Article 33, Private enterprises and individual businesses should effectively protect the legitimate rights and interests of workers and fulfil the following obligations: (i) A labour contract with a worker under the law, paying a housing bond for social insurance such as old-age, unemployment, medical, work injury and maternity; (ii) Guarantee the right to rest, leave and the legal rights of female workers and minor workers; (iii) Few child labour; (iv) Strengthen job training for workers, establish a system for the protection of the labour force and guarantee the safety of production; (v) The payment of wages for workers under the law and the payment of wages for workers shall not be lower than the minimum wage for this city; (vi) Other obligations to be performed in accordance with the law, regulations. Chapter IV Legal responsibility Article 34, in violation of this approach, should be held accountable for legal responsibility, as prescribed by law, legislation and regulations, and enforced in accordance with the provisions of this approach. Article 33XV, in violation of this approach, provides for the establishment of pre-registration clearances for private enterprises and individual businessmen, whose administrative conduct is null and void and are subject to the accountability of the superior administrative organs; and, in serious circumstances, the administrative responsibility of the supervisory authority or the superior administrative authority to hold the direct responsibilities and the principals. Article XVI, in violation of this approach, provides that private enterprises and individual businessmen are charged with the offence, fines, assessed contributions and are responsibly transferred by the parent administration or the staff's unit responsible for the return of the collected money; in serious circumstances, administrative responsibility of the inspectorate or the superior administration is held accountable for the direct responsibilities and principals. Article 337, in violation of this approach, does not perform statutory responsibilities that undermine the legitimate rights and interests of private enterprises and individual businessmen or fail to enjoy legitimate rights and are subject to a deadline for accountability by the superior administrative organs; in serious circumstances, the administrative responsibility of the inspectorate or the superior administrative body for the direct responsibilities and the principals. The executive branch exercises its duties in violation of the law and does not perform its statutory duties, which undermines the legitimate rights and interests of private enterprises and individual businessmen, and assumes liability in accordance with the provisions of the National Compensation Act of the People's Republic of China. In violation of this approach by the relevant branches and units of the Government, complaints transferred by the Complaints Centre are not justified and are not dealt with and answered within 10 working days, and the time limit is being changed by the Complaints Centre; the refusal is not rectified to hold administrative responsibilities of direct responsibilities and principals by the Inspector-General or the superior administration. Article 39, Civil, legal or other organizations violate the legitimate rights and interests of private enterprises and individual businessmakers, assume civil responsibility under the law, constitute crimes and hold criminal responsibility under the law. Chapter V Article 40 Prior to the implementation of this approach, the normative documents, decisions or measures developed by the municipalities, district, district and territorial governments and relevant departments are not in line with this approach. |
