The main revised contents of the new regulations compared with the old regulations:
(1) Name.
The "Interim Regulations on the Management of Urban and Rural Individual Industrial and Commercial Households" (hereinafter referred to as the old regulations) were revised to the "Regulations on Individual Industrial and Commercial Households" (hereinafter referred to as the new regulations).
In the early days of reform and opening up, my country Different management policies have been implemented for individual industrial and commercial households in urban and rural areas.
In urban areas, the large number of educated youth returning to the city and the newly added people seeking employment have brought huge pressure to urban management. In order to solve this problem, in March 1979, the Administration for Industry and Commerce submitted a report to the State Council, which proposed that some idle laborers with formal household registration could be approved to engage in individual labor in repairs, services and handicrafts according to the needs of the local market. "Quasi-employed workers."
In April 1979, the State Council approved this report, thus opening the door for the recovery of individual industry and commerce in our country.
From 1981 to 1983, the State Council successively issued The "State Council's Several Policy Provisions on Urban Non-Agricultural Individual Economy" and the "State Council's Supplementary Provisions on Several Policy Provisions on Urban Non-Agricultural Individual Economy" drafted or participated in the drafting by the State Administration for Industry and Commerce were issued.
In rural areas, with the implementation of the household responsibility system, agriculture has achieved successive bumper harvests, and problems have arisen such as difficulty in selling grain and surplus rural labor.
In 1984, the State Council issued the "About Rural Areas". "Several Provisions on Individual Industry and Commerce"
Several documents of the State Council have made policy provisions on the main aspects of the development and management of the individual economy in urban and rural areas across the country, and established a policy framework for the development of the individual economy in the early stages of reform and opening up. .
After the promulgation of the "General Principles of Civil Law" in 1986, the State Council decided to unify urban and rural individual economic policies and formulate regulations on individual industrial and commercial households for integrated urban and rural management.
In August 1987, the State Council promulgated. "Interim Regulations on the Management of Urban and Rural Individual Industrial and Commercial Households"
After more than 20 years of development, my country's social environment, legal environment and people's ideological concepts have undergone tremendous changes. The "urban and rural" and "urban and rural" in the name of the regulations have been retained. The word "interim" is no longer necessary.
In order to further highlight the concept of development and support, and to highlight the legal status of this administrative regulation as the main law for individual industrial and commercial households, after careful study with the Legislative Affairs Office, it is no longer included in the regulations. The word "management" was used in the name, and it was finally named the "Individual Industrial and Commercial Household Regulations"
(2) The purpose of the old regulations: to guide and help individual urban and rural workers. Economic development, strengthen the supervision and management of individual industrial and commercial households, and protect their legitimate rights and interests.
The new regulations are formulated based on the "36 Non-public Articles" issued by the State Council.
In order to protect the legitimate rights and interests of individual industrial and commercial households, encourage, support and guide the healthy development of individual industrial and commercial households, strengthen the supervision and management of individual industrial and commercial households, and play their important role in economic and social development and expansion of employment.
(3) Personnel.
Old Regulations: Urban unemployed persons, rural villagers and other persons permitted by national policies are expanded to citizens with business capabilities.
New Regulations: Citizens with business capabilities.
(4) The principle of “come in if you are not allowed” has been added.
The state implements the principles of equal market access and fair treatment for individual industrial and commercial households.
(5) Registration authority.
The industrial and commercial administrative departments of counties, autonomous counties, cities without districts, and municipal districts are the registration authorities for individual industrial and commercial households (hereinafter referred to as the registration authorities).
In accordance with the regulations of the industrial and commercial administration department of the State Council, the registration authority may entrust its subordinate industrial and commercial offices to handle the registration of individual industrial and commercial households (but there must be a written authorization, otherwise it will be invalid).
Such regulations confirm from the regulatory level the results of the national industrial and commercial system’s implementation of the hierarchical and classified registration management reform for individual industrial and commercial households since 2005.
(6) Regarding the issue of “one person taking multiple photos”.
Due to the special nature of individual industrial and commercial households, they cannot set up branches and can only be independent entities.
After the implementation of the "Administrative Licensing Law", the concept of operating in a different place will no longer exist. The parties only need to present their valid identity certificate and business place certificate to directly apply for registration at the industrial and commercial department where the business is located.
In addition, at present, there is no comprehensive online information query system across the country, and it is impossible to understand the specific registration situation in various places. Therefore, the issue of "one person taking multiple photos" is not encouraged or prohibited.
(7) Regarding the issue of “one photo for multiple shares”.
The "General Principles of the Civil Law" defines individual industrial and commercial households as "natural persons", which is different from enterprises.
Article 10, paragraph 2, of the "Measures for the Registration and Management of Individual Industrial and Commercial Households" stipulates that an individual industrial and commercial household can only have one business location registered with the registration authority.
This regulation aims to restrict an individual industrial and commercial household from setting up multiple branches, that is, the phenomenon of "one business operating multiple businesses". Individual industrial and commercial households cannot set up branches, and people cannot become "sub-persons". Individual industrial and commercial households are independent civil entities and cannot set up branches on their own, nor can they become branches of other market entities.
As for whether individual industrial and commercial households can participate in "chain" and "franchise operations", individual industrial and commercial households can "chain" and "franchise" operations with other entities by agreement. However, such agreements No confrontation with third persons.
In other words, individual industrial and commercial households must be responsible for the goods and services they provide to society and bear independent responsibilities. In addition to the relevant provisions of "checking for non-existence", the behavior of "taking one photo for multiple shares" is not allowed and is prohibited.
(8) Registration matters.
The old regulations stipulate that there are 8 main items that individual industrial and commercial households should register: trade name, name and address of the operator, number of employees, amount of capital, form of composition, business scope, business method, and business location.
The new regulations stipulate that the registration matters for individual industrial and commercial households include the name and residence of the operator, the form of composition, the scope of business, and the place of business.
If an individual industrial and commercial household uses a name, the name shall be used as a registration matter. The number of employees, the amount of capital, and the mode of operation are no longer registration matters.
The number of employees and the amount of capital must be filled in when applying for business registration for national statistics and understanding.
Relaxing the restrictions on the number of apprentices hired by individual industrial and commercial households is a major feature of the Regulations, which is conducive to promoting the development of the individual economy, alleviating the current severe employment pressure, and maintaining growth. , ensure stability and protect people's livelihood. Without liberalization, it will be difficult for the industrial and commercial departments to supervise.
At present, there are actually so-called "large individual households", which should be guided by policies rather than mandatory regulations.
For example, the state supports micro and small enterprises and actively provides guidance in taxation, industrial policy, industry access and other aspects.
(9) Family business.
Since our country’s laws currently do not define the concept of family, if it is a family business at the time of registration, the names of the family members participating in the business must be registered at the same time, so as to protect the rights and interests of the family members participating in the business through registration.
You can determine whether you are a family member by providing your household registration book, marriage certificate, etc.
(10) Opening registration.
The formulation of registration for the establishment of individual industrial and commercial households is inappropriate. Individuals cannot establish. The registration procedures promulgated by the State Administration of Industry and Commerce in 2004 proposed establishment registration. The current regulations have changed it to business registration.
(11) Name used by individual industrial and commercial households.
The "Measures for the Registration and Management of Names of Individual Industrial and Commercial Households" shall apply.
The registration authority may entrust the industrial and commercial administration office to handle the name registration of individual industrial and commercial households in the name of the registration authority.
(12) License verification for individual industrial and commercial households. (License verification has been changed to annual report)
(13) Cancellation of registration.
1. The individual industrial and commercial household must cancel its registration due to its own reasons.
Articles 21 and 24 of the Regulations stipulate the circumstances for cancellation of registration:
First, individual industrial and commercial households submit false materials to defraud registration, or forge, alter, rent, lend, or transfer their business If the license is serious, the registration will be revoked.
Second, during the validity period of the business license of an individual industrial and commercial household, if the relevant administrative agencies revoke or revoke the administrative license of an individual industrial and commercial household in accordance with the law, or the administrative license expires, the administrative license or the validity period of the administrative license shall be revoked or revoked. The registration authority shall be notified within 5 working days from the expiration date, and the registration authority shall cancel the registration or revoke the business license, or order the party concerned to handle the change of registration in accordance with the law.
2. Article 28 of the "Measures for the Registration and Management of Individual Industrial and Commercial Households" stipulates that registration must be revoked due to the behavior of staff of the registration authority.
In any of the following circumstances, the registration authority or its superior authority may cancel the registration of an individual industrial and commercial household at the request of an interested party or based on its authority:
(1) Work of the registration authority Personnel abuses their power or neglects their duties to make a decision to approve registration;
(2) Make a decision to approve registration beyond the legal authority;
(3) Make a decision to approve registration in violation of legal procedures;
(4) Approval of registration to applicants who are not qualified to apply or do not meet statutory conditions;
(5) Other circumstances under which registration can be revoked in accordance with the law.
If an applicant obtains individual industrial and commercial household registration through improper means such as deception or bribery, it shall be revoked.
If the cancellation of the registration of an individual industrial and commercial household in accordance with the provisions of the previous two paragraphs may cause significant damage to the interests of the public, it shall not be cancelled.
If the registration of an individual industrial and commercial household is canceled in accordance with the provisions of paragraph 1 of this article and the legitimate rights and interests of the operator are harmed, the administrative agency shall provide compensation in accordance with the law.
If the registration authority makes a decision to cancel registration, it shall issue a letter of decision to cancel registration to the original applicant.
(14) Revocation of business license.
Articles 21, 22, 23 and 24 of the regulations stipulate the circumstances for revocation of business licenses:
First, individual industrial and commercial households submit false materials to defraud registration, or forge, alter, rent, If the circumstances of lending or transferring a business license are serious, the business license shall be revoked.
The second is the change of registration items of individual industrial and commercial households. If the change registration is not completed, if the circumstances are serious, the business license will be revoked.
Third, if an individual industrial and commercial household fails to register for taxation, the tax authorities will order it to make corrections within a time limit; if it fails to make corrections within the time limit, the registration authority will revoke its business license upon request from the tax authorities.
Fourthly, if an individual industrial and commercial household fails to apply for annual license verification within the prescribed time limit, the registration authority will order it to make corrections within a time limit; if it fails to make corrections within the time limit, its business license will be revoked.
Fifth, during the validity period of the business license of an individual industrial and commercial household, if the relevant administrative agency revokes or revokes the administrative license of an individual industrial and commercial household in accordance with the law, or the administrative license expires, the administrative license or the validity period of the administrative license shall be revoked or revoked. The registration authority shall be notified within 5 working days from the expiration date, and the registration authority shall cancel the registration or revoke the business license, or order the party concerned to handle the change of registration in accordance with the law.
On the issue of whether to cancel the registration after revoking the business license. After the business license of an individual industrial and commercial household is revoked, in accordance with the "Administrative Licensing Law" and other relevant regulations, theoretically it should be deregistered, but in practice this is not possible. The State Administration of China has not made compulsory deregistration requirements this time.
(15) Regarding charging issues.
According to the "Regulations": Individual industrial and commercial households must pay registration fees in accordance with relevant national regulations when registering.
The "Regulations" further clarifies: "The registration authority shall not charge any fees for handling annual license verification."
According to the "Measures for the Administration of Name Registration of Individual Industrial and Commercial Households": "The registration authority shall handle name registration No fees may be charged if approved in advance.”
(16) There is no problem with vendors in fixed business premises.
Since the "Regulations" have clarified that the management of "vendors without fixed business premises" shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government based on local actual conditions, the "Measures" do not involve the management of vendors without fixed business premises. .
(17) The regulations further clarify the support and service measures provided by the government and its relevant departments to promote the development of individual industrial and commercial households. Mainly include:
1. Local people's governments at all levels and relevant departments of the people's governments at or above the county level should take measures to provide services in business premises, entrepreneurship and vocational skills training, vocational skills appraisal, technological innovation, participation in social insurance, etc. In terms of business, it provides support, convenience, information consultation and other services to individual industrial and commercial households.
2. The registration authorities and relevant administrative agencies shall publish the conditions, procedures, deadlines, and all required submissions for individual industrial and commercial households to apply for registration and administrative licensing on their government websites and office premises in a manner that is easily accessible to the public. Material catalogs, charging standards and other matters, and provide guidance and inquiry services to applicants; at the same time, in accordance with the principles of openness, fairness, impartiality and convenience, the procedures for registration of individual industrial and commercial households by the registration authority are clearly stipulated.
3. It is clearly stipulated that the registration authority shall not charge any fees for the annual license verification of individual industrial and commercial households.
4. It is stipulated that individual industrial and commercial households can open accounts in banks or other financial institutions and apply for loans with their business licenses and tax registration certificates in accordance with the law; financial institutions should improve and improve financial services and apply for individual industrial and commercial households. Loans are facilitated.
(18) The main provisions of the regulations in regulating the business activities of individual industrial and commercial households.
First, the industrial and commercial administrative departments and other relevant departments of the people's governments at or above the county level should supervise and manage individual industrial and commercial households in accordance with the law. Individual industrial and commercial households engaged in business activities must abide by laws and regulations, abide by social ethics and business ethics, be honest and trustworthy, and accept supervision implemented by the government and relevant departments in accordance with the law.
Second, in order to protect the rights and interests of employees recruited by individual industrial and commercial households, it is stipulated that individual industrial and commercial households should enter into labor contracts with the employees they recruit in accordance with the law, and perform the obligations stipulated in laws, administrative regulations and contracts, The legitimate rights and interests of employees shall not be infringed upon. Third, corresponding legal responsibilities are stipulated for individual industrial and commercial households that violate the provisions of these regulations.
(19) Issues related to individual workers’ associations.
Article 7 of the "Regulations" stipulates: "Individual workers' associations established in accordance with the law, under the guidance of the industrial and commercial administrative departments, provide services to individual industrial and commercial households, safeguard the legitimate rights and interests of individual industrial and commercial households, and guide individual industrial and commercial households to be honest Self-discipline. Individual industrial and commercial households can voluntarily join self-employed workers' associations. "The Regulations clarify the organizational nature, legal status and relationship between self-employed workers' associations and the industrial and commercial departments for the first time at the level of administrative regulations.
At the same time, further strict discipline is required. It is strictly prohibited to force individual industrial and commercial households to join the association when they are registered; it is strictly prohibited to force individual industrial and commercial households to collect membership fees by using the opportunity of individual industrial and commercial households to verify their licenses.
Extended information:
The "Measures for the Registration and Management of Names of Individual Industrial and Commercial Households" have been reviewed and approved by the executive meeting of the State Administration for Industry and Commerce of the People's Republic of China and are hereby announced. The "Measures for the Registration and Management of Names of Individual Industrial and Commercial Households" came into effect on April 1, 2009.
Mainly in order to better implement the national policy of encouraging the development of the non-public economy and further give full play to the important role of individual industrial and commercial households in serving economic and social development and expanding employment, the interim regulations need to be comprehensively revised to provide Encourage, support, guide and regulate the healthy development of individual industrial and commercial households to provide more complete legal protection.
Reference materials:
Measures for the Registration and Management of Individual Industrial and Commercial Households (Order No. 56 of the State Administration for Industry and Commerce) _China Government Website