Legal Interpretation of the Measures for the Administration of Name Registration of Individual Industrial and Commercial Households

The main contents of the new regulations compared with the old regulations are as follows:

(1) Name.

From the "Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households" (hereinafter referred to as the old regulations) to the "Regulations on the Administration of Individual Industrial and Commercial Households" (hereinafter referred to as the new regulations).

In the early days of reform and opening up, China implemented different management policies for individual industrial and commercial households in urban and rural areas.

In cities and towns, a large number of educated youth return to cities, and the increase of unemployed people brings great pressure to urban management. In order to solve this problem, in March 1979, the report submitted by the State Administration for Industry and Commerce to the State Council suggested that according to the needs of the local market, some idle laborers with official accounts could be approved to engage in individual labor such as repair, service and handicrafts, but employees were not allowed. "

1in April, 979, the State Council approved this report, which opened a hole for the recovery of individual industry and commerce in China.

From 198 1 to 1983, the State Council successively issued "Several Policies and Provisions of the State Council on Urban Non-agricultural Individual Economy" and "Supplementary Provisions of the State Council on Several Policies and Provisions on Urban Non-agricultural Individual Economy" drafted or participated in by the State Administration for Industry and Commerce.

In rural areas, with the implementation of the household contract responsibility system, agriculture has been harvested year after year, and there have been problems such as difficulty in selling grain and rural surplus labor.

1984, the State Council promulgated Several Provisions on Rural Individual Industrial and Commercial Households.

Several documents in the State Council made policy provisions on the main aspects of the development and management of urban and rural individual economy, and established the policy framework for the development of individual economy in the early stage of reform and opening up.

After the promulgation of "General Principles of Civil Law" 65438-0986, the State Council decided to unify urban and rural individual economic policies and formulate regulations for individual industrial and commercial households operating in urban and rural integration.

1987 In August, the State Council promulgated the Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households.

After more than 20 years of development, great changes have taken place in China's social environment, legal environment and people's ideas. The words "urban and rural areas" and "temporary" are no longer retained in the name of the regulations.

In order to further highlight the concept of development and support, and highlight the legal status of this administrative regulation as the main law of individual industrial and commercial households, after careful study with the Legislative Affairs Office, the word "management" was not used in the name of the regulation, and it was finally named "Regulations on Individual Industrial and Commercial Households".

(2) the purpose of formulation.

Old regulations: In order to guide and help the development of individual economy of urban and rural workers, strengthen the supervision and management of individual industrial and commercial households and protect their legitimate rights and interests.

The new regulations are based on the "Non-public Article 36" document 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 supervision and management of individual industrial and commercial households, and give play to the important role of individual industrial and commercial households in economic and social development and employment expansion.

(3) personnel.

Old regulations: Unemployed people in cities and towns, villagers in rural areas and other people allowed by state policies are expanded to citizens with operational ability.

New rules: citizens with business ability.

(4) The principle of "no entry" has been added.

The state implements the principle of equal market access and fair treatment for individual industrial and commercial households.

(5) the registration authority.

The administrative authorities for industry and commerce of counties, autonomous counties, cities not divided into districts and municipal districts are the registration authorities for individual industrial and commercial households (hereinafter referred to as the registration authorities).

The registration authority may, in accordance with the provisions of the administrative department for industry and commerce of the State Council, entrust its subordinate industrial and commercial offices to handle the registration of individual industrial and commercial households (but it must be entrusted in writing, otherwise it will be invalid).

Such regulations have affirmed the achievements made in the reform of individual industrial and commercial households' hierarchical registration management in the national industrial and commercial system since 2005 from the legal level.

(6) On the issue of "one person taking more photos".

Due to the particularity of individual industrial and commercial households, branches cannot be set up, only independent entities can be set up.

After the implementation of the Administrative Licensing Law, the concept of operating in different places no longer exists. The parties only need to hold their valid identity documents and proof of business premises to apply for registration directly at the industrial and commercial department where they operate.

In addition, at present, there is no perfect online information inquiry system in China, so it is impossible to understand the specific situation of registration in various places. Therefore, the problem of "one person taking more photos" is not encouraged or prohibited now.

(7) On the issue of "one photo with multiple booths".

The General Principles of Civil Law defines individual industrial and commercial households as "natural persons", which is different from enterprises.

Paragraph 2 of Article 10 of the Measures for the Administration of Registration of Individual Industrial and Commercial Households stipulates that individual industrial and commercial households can only have one business place registered with the registration authority.

The purpose of this regulation is to limit the phenomenon that an individual industrial and commercial household sets up multiple branches, that is, "one photo and more stalls". Individual industrial and commercial households can't set up branches, people can't be "sub-persons", individual industrial and commercial households are independent civil subjects, they can't set up branches themselves, and they can't become branches of other market subjects.

As for whether individual industrial and commercial households can participate in "chain operation" or "franchise operation", individual industrial and commercial households can conduct "chain operation" or "franchise operation" with other subjects through agreements, but such agreements shall not be against third parties.

In other words, individual industrial and commercial households should be responsible for the goods and services they provide to the society and bear the responsibility independently. Coupled with the relevant provisions of "checking nothing", the behavior of "taking more photos" is not allowed or prohibited.

(8) registered items.

According to the old regulations, there are eight main items that individual industrial and commercial households should register: shop name, operator's name and domicile, number of employees, amount of funds, form of composition, business scope, mode of operation and business premises.

The new regulations stipulate that the registered items of individual industrial and commercial households include the name and domicile, composition, business scope and business premises of the operators.

Individual industrial and commercial households use the name, with the name as a registered item. The number of employees, the amount of funds and the mode of operation are no longer registered items.

For the purpose of national statistics and mastering the situation, the number of employees and the amount of funds must also be filled in when handling industrial and commercial registration.

Relaxing the restriction on the number of apprentices recruited by individual industrial and commercial households is a major feature of the regulations, which is conducive to promoting the development of individual economy, alleviating the current severe employment pressure, and ensuring growth, stability and people's livelihood. If it is not liberalized, it will be difficult for the industrial and commercial departments to supervise.

In fact, there are so-called "self-employed" now, which should be policy guidance, not mandatory norms.

For example, the state supports and supports small and micro enterprises, and actively guides them in taxation, industrial policies, and industry access.

(9) Family management.

Because the concept of family is not defined in our country's laws at present, the names of family members who participate in the business should be recorded at the same time when registering, so as to protect the rights and interests of family members who participate in the business.

You can determine whether you are a family member by providing your household registration book and marriage certificate.

(10) industrial and commercial registration.

The formulation of establishment registration of individual industrial and commercial households is inappropriate, and individuals cannot be established. The establishment registration proposed in the "Registration Measures" promulgated by the State Administration in 2004 is now changed to industrial and commercial registration.

(1 1) Name of individual industrial and commercial households.

Measures for the Administration of Name Registration of Individual Industrial and Commercial Households shall apply.

The registration authority may entrust the Administration for Industry and Commerce to register the names of individual industrial and commercial households in the name of the registration authority.

(12) Inspection of individual industrial and commercial households. (Inspection photos have been changed to annual reports)

(13) deregister.

1. Individual industrial and commercial households need to cancel their registration for their own reasons.

Article 2 1 and Article 24 of the Regulations stipulate cancellation of registration:

First, individual industrial and commercial households submit false materials to defraud registration, or forge, alter, lease, lend or transfer their business licenses. If the circumstances are serious, its registration shall be revoked.

Second, within the validity period of the business license of individual industrial and commercial households, if the relevant administrative organ cancels or cancels the administrative license of individual industrial and commercial households according to law, or if the validity period of the administrative license expires, it shall notify the registration authority within five working days from the date of cancellation or cancellation of the administrative license or the expiration of the validity period of the administrative license, and the registration authority shall cancel the registration or revoke the business license, or order the parties concerned to handle the change registration according to law.

2. Article 28 of the Measures for the Administration of Registration of Individual Industrial and Commercial Households stipulates that the registration shall be cancelled due to the behavior of the staff of the registration authority.

Under any of the following circumstances, the registration authority or its superior authority may cancel the registration of individual industrial and commercial households at the request of interested parties or ex officio:

(a) the registration authority staff abuse their powers, neglect their duties, and make a decision to approve the registration;

(two) beyond the statutory authority to make a decision to approve the registration;

(3) Making a decision to approve the registration in violation of legal procedures;

(4) granting registration to applicants who do not have the qualification to apply or meet the statutory requirements;

(5) Other circumstances under which registration can be revoked according to law.

If the applicant obtains the registration of individual industrial and commercial households by cheating, bribery or other improper means, it shall be revoked.

If the cancellation of the registration of individual industrial and commercial households in accordance with the provisions of the preceding two paragraphs may cause great harm to the public interest, it shall not be revoked.

If the registration of individual industrial and commercial households is cancelled in accordance with the provisions of the first paragraph of this article, and the legitimate rights and interests of operators are damaged, the administrative organ shall make compensation according to law.

If the registration authority makes a decision on cancellation of registration, it shall issue a written decision on cancellation of registration to the original applicant.

(14) Revocation of business license.

Revocation of business license as stipulated in Articles 2 1, 22, 23 and 24 of the Regulations:

First, individual industrial and commercial households submit false materials to defraud registration, or forge, alter, lease, lend or transfer their business licenses. If the circumstances are serious, their business licenses will be revoked.

Second, the registered items of individual industrial and commercial households have changed, and the business license has been revoked if the circumstances are serious.

Third, if individual industrial and commercial households fail to apply for tax registration, the tax authorities shall order them to make corrections within a time limit; If no correction is made within the time limit, the registration authority shall request the tax authority to revoke its business license.

Fourth, if individual industrial and commercial households fail to apply for annual inspection photos within the prescribed time limit, the registration authority shall order them to make corrections within a time limit; If no correction is made within the time limit, the business license shall be revoked.

Fifth, within the validity period of the business license of individual industrial and commercial households, if the relevant administrative organs revoke or revoke the administrative license of individual industrial and commercial households according to law, or if the validity period of the administrative license expires, they shall notify the registration authority within five working days from the date of revocation or revocation of the administrative license or the expiration of the administrative license, and the registration authority shall cancel the registration or revoke the business license, or order the parties concerned to handle the change registration according to law.

On whether to cancel the registration after the business license is revoked. After the business license of individual industrial and commercial households is revoked, it should be cancelled in theory according to the relevant provisions of the Administrative Licensing Law, but it cannot be done in practice. The State Administration of Taxation did not ask for compulsory cancellation this time.

(15) About charging.

According to the "Regulations", individual industrial and commercial households shall pay registration fees in accordance with relevant state regulations.

The "Regulations" further clarify: "The registration authority shall not charge any fees for handling the annual inspection."

According to the Measures for the Administration of Name Registration of Individual Industrial and Commercial Households, "the registration authority shall not charge fees for pre-approval of names."

(16) The problem of vendors without fixed business premises.

In view of the fact that the regulations have made it clear 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 according to local actual conditions, the Measures do not involve the management of vendors without fixed business premises.

(17) Regulations further clarify the support and service measures taken by the government and its relevant departments to promote the development of individual industrial and commercial households. Mainly includes:

1, local people's governments at all levels and relevant departments of people's governments at or above the county level shall take measures to provide support, convenience and information consulting services for individual industrial and commercial households in business premises, entrepreneurship and vocational skills training, vocational skills appraisal, technological innovation and participation in social insurance.

2, the registration authority and the relevant administrative organs should be individual industrial and commercial households to apply for registration and administrative licensing conditions, procedures, time limit, all the materials and fees required to be submitted in a way that the public is easy to know in their government websites and offices, and provide guidance and inquiry services for the applicant; At the same time, in accordance with the principles of openness, fairness, justice and convenience, the procedures for the registration of individual industrial and commercial households by the registration authority have been clarified.

3. It is clearly stipulated that the registration authority shall not charge any fees for the annual inspection of individual industrial and commercial households.

4. stipulate that individual industrial and commercial households can open accounts in banks or other financial institutions according to law and apply for loans with business licenses and tax registration certificates; Financial institutions should improve and perfect financial services to facilitate individual industrial and commercial households to apply for loans.

(18) The main provisions of the Regulations on Regulating the Business Conduct of Individual Industrial and Commercial Households.

First, the administrative departments for industry and commerce of the people's governments at or above the county level and other relevant departments shall supervise and manage individual industrial and commercial households according to law. Individual industrial and commercial households engaged in business activities shall abide by laws and regulations, abide by social morality and business ethics, be honest and trustworthy, and accept the supervision implemented by the government and relevant departments according to law.

Second, in order to safeguard the rights and interests of employees employed by individual industrial and commercial households, it is stipulated that individual industrial and commercial households should conclude labor contracts with employees according to law, fulfill the obligations stipulated in laws, administrative regulations and contracts, and shall not infringe upon the legitimate rights and interests of employees. Third, the individual industrial and commercial households in violation of this Ordinance provides the corresponding legal responsibility.

(19) Questions about self-employed associations.

Article 7 of the Regulations stipulates: "Under the guidance of the administrative department for industry and commerce, individual workers' associations established according to law provide services for individual industrial and commercial households, safeguard their legitimate rights and interests, and guide individual industrial and commercial households to be honest and self-disciplined. Individual industrial and commercial households voluntarily join the association of individual workers. "The" Regulations "for the first time clarified the organizational nature, legal status and relationship with the industrial and commercial departments of individual workers' associations at the level of administrative regulations.

At the same time, it is necessary to further enforce discipline and prohibit individual industrial and commercial households from joining the association when registering; It is strictly forbidden to collect membership fees by taking photos of individual industrial and commercial households.

Extended data:

The "measures" for the administration of name registration of individual industrial and commercial households have been deliberated and adopted at the executive meeting of People's Republic of China (PRC) State Administration for Industry and Commerce, and are hereby promulgated. The Measures for the Administration of Name Registration of Individual Industrial and Commercial Households came into force on April 1 2009.

Mainly in order to better implement the state's policies to encourage the development of the non-public sector of the economy, and further play the important role of individual industrial and commercial households in serving economic and social development and expanding employment, it is necessary to comprehensively revise the provisional regulations to provide a more perfect legal guarantee for encouraging, supporting, guiding and regulating the healthy development of individual industrial and commercial households.

References:

Measures for the Administration of Registration of Individual Industrial and Commercial Households (Order No.56 of the State Administration for Industry and Commerce) _ China Government Network