Order of the State Administration for Industry and Commerce
No.56
Measures for the administration of registration of individual industrial and commercial households
(20 1 1 promulgated by Decree No.56 of the State Administration for Industry and Commerce)
Chapter I General Principles
Article 1 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, and standardize the registration management behavior of individual industrial and commercial households, these Measures are formulated in accordance with the Regulations on Individual Industrial and Commercial Households.
Article 2 A citizen who has the ability to operate shall be registered by the administrative department for industry and commerce, obtain a business license for individual industrial and commercial households, and carry out business activities according to law.
Article 3 The opening, alteration and cancellation of registration of individual industrial and commercial households shall be handled in accordance with the Regulations on Individual Industrial and Commercial Households and these Measures.
When applying for registration of individual industrial and commercial households, the applicant shall be responsible for the authenticity of the application materials.
Article 4 The administrative department for industry and commerce is the registration authority of individual industrial and commercial households.
The State Administration for Industry and Commerce is in charge of the registration administration of individual industrial and commercial households throughout the country.
The administrations for industry and commerce of provinces, autonomous regions and municipalities directly under the Central Government and the administrations for industry and commerce of cities (regions) divided into districts shall be responsible for the registration and administration of individual industrial and commercial households within their respective jurisdictions.
Counties, autonomous counties, municipal administrations for industry and commerce not divided into districts and municipal industrial and commercial sub-bureaus are the registration authorities of individual industrial and commercial households (hereinafter referred to as the registration authorities), and are responsible for the registration of individual industrial and commercial households within their respective jurisdictions.
Article 5 The registration authority may entrust its affiliated administration for industry and commerce (hereinafter referred to as the industrial and commercial office) to handle the registration of individual industrial and commercial households.
Chapter II Registration Items
Article 6 The registered items of individual industrial and commercial households include:
(a) the name and domicile of the operator;
(2) Composition form;
(3) Business scope;
(4) business premises.
Individual industrial and commercial households use the name, with the name as a registered item.
Article 7 The name and domicile of an operator refers to the name and detailed address of a citizen who applies for registration as an individual industrial and commercial household.
Article 8 The organizational forms of enterprises include individual enterprises and family enterprises.
In the case of a family business, the names of the family members involved in the business operation shall be filed at the same time.
Article 9 The business scope refers to the industry category in which individual industrial and commercial households carry out business activities.
The registration authority shall register the business scope of individual industrial and commercial households according to the application of the applicant and referring to the classification standard in the National Economic Industry Classification.
Tenth business premises refers to the detailed address of the business premises of individual industrial and commercial households.
Individual industrial and commercial households can only have one business place registered by the registration authority.
Eleventh individual industrial and commercial households to apply for the use of the name, should be handled in accordance with the "individual industrial and commercial households name registration management measures".
Chapter III Application for Registration
Twelfth individuals and business operators themselves are applicants; For a family business, the host operator among the family members is the applicant.
Where an agent is entrusted to apply for business opening, change or cancellation of registration, the power of attorney of the applicant and the identity certificate or qualification certificate of the agent shall be submitted.
Thirteenth to apply for registration of individual industrial and commercial households, the applicant or his entrusted agent may directly apply for registration to the registration authority where the business premises are located; Where the registration authority entrusts a subordinate industrial and commercial office to handle the registration of individual industrial and commercial households, it shall handle the registration at the industrial and commercial office where the business premises are located.
The applicant or his entrusted agent may submit an application to the registration authority where the business premises are located by mail, fax, electronic data interchange or e-mail. If the application is submitted by fax, EDI or e-mail, the contact information and mailing address of the applicant or his agent shall be provided. For an application accepted by the registration authority, the applicant shall, within 5 days from the date of receiving the acceptance notice, submit the original application materials consistent with the contents of fax, electronic data exchange and e-mail.
Article 14 To apply for industrial and commercial registration of individual industrial and commercial households, the following documents shall be submitted:
(a) the application for industrial and commercial registration of individual industrial and commercial households signed by the applicant;
(2) the identity certificate of the applicant;
(3) Proof of business place;
(4) Other documents required by the State Administration for Industry and Commerce.
Fifteenth to apply for registration of change of individual industrial and commercial households, the following documents shall be submitted:
(1) An application for change of registration of individual industrial and commercial households signed by the applicant;
(two) to apply for a change of business premises, it shall submit the certificate of the new business premises;
(3) Other documents required by the State Administration for Industry and Commerce.
Article 16 To apply for cancellation of registration of individual industrial and commercial households, the following documents shall be submitted:
(a) the application for cancellation of registration of individual industrial and commercial households signed by the applicant;
(two) the original and all copies of the business license of individual industrial and commercial households;
(3) Other documents required by the State Administration for Industry and Commerce.
Article 17 Where the business scope of application for business commencement or change of registration involves items that need to be approved before registration as stipulated by national laws, administrative regulations or the State Council decisions, it shall be reported to the relevant state departments for approval before applying for registration, and relevant approval documents shall be submitted to the registration authority.
Chapter IV Acceptance, Examination and Decision
Article 18 After receiving the application for registration submitted by the applicant, the registration authority shall accept it if the application materials are complete and conform to the statutory form.
If the application materials are incomplete or do not conform to the statutory form, the registration authority shall inform the applicant of all the contents that need to be corrected on the spot. If the applicant submits all the corrected application materials as required, the registration authority shall accept it.
If there are errors in the application materials that can be corrected on the spot, the registration authority shall allow the applicant to correct them on the spot.
Article 19 When accepting an application for registration, the registration authority shall, in addition to registering on the spot, issue a Notice of Acceptance to the applicant.
The registration authority shall not accept the application for registration that does not meet the acceptance conditions, and issue a notice of rejection to the applicant.
If the application matters do not belong to the registration category of individual industrial and commercial households according to law, the registration authority shall immediately decide not to accept it and explain the reasons to the applicant.
Article 20 If the application materials submitted by the applicant are complete and conform to the statutory form, the registration authority shall register on the spot and issue a notice of approval to the applicant.
According to the legal conditions and procedures, it is necessary to verify the substantive contents of the application materials, and the registration authority shall assign two or more staff members to verify and fill in the verification report of the application materials. The registration authority shall make a decision on whether to approve the registration within 05 days from the date of accepting the application for registration.
Article 21 Where an application is submitted by mail, fax, EDI or e-mail and accepted by the registration authority, the registration authority shall make a decision on whether to approve the registration within 05 days from the date of accepting the application for registration.
Article 22 Where the registration authority makes a decision to approve the registration, it shall issue a notice of approving the registration of individual industrial and commercial households to the applicant, and issue the business license of individual industrial and commercial households to the applicant within 10. If registration is not granted, a notice of non-registration of individual industrial and commercial households shall be issued to the applicant.
Chapter V Supervision and Administration
Twenty-third individual industrial and commercial households shall apply to the registration authority for annual inspection every year, and the registration authority shall verify the registered items of individual industrial and commercial households and the operating conditions of the previous year in accordance with the Measures for Inspection of Individual Industrial and Commercial Households.
Article 24 The business license of individual industrial and commercial households (hereinafter referred to as the business license) is divided into an original and a duplicate, which contain information such as the name of individual industrial and commercial households, the name of operators, the form of composition, business premises, business scope, registration number, issuing authority and issuing time, etc. The original and the duplicate have the same legal effect.
Article 25 The original business license shall be placed in a prominent position in the business premises of individual industrial and commercial households.
Twenty-sixth individual industrial and commercial households to change the registration involves matters specified in the business license, the registration authority shall issue a new business license.
Article 27 If the business license of individual industrial and commercial households is lost or damaged, it shall apply to the registration authority for replacement or replacement.
If the business license of individual industrial and commercial households is lost, it shall also be declared invalid in the publicly issued newspapers and periodicals.
Article 28 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.
Article 29 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.
Article 30 If the relevant administrative organ notifies the registration authority that the administrative license of individual industrial and commercial households has been revoked or revoked or the validity period of the administrative license expires in accordance with the provisions of Article 24 of the Regulations on Individual Industrial and Commercial Households, the registration authority shall cancel the registration or revoke the business license according to law, or order the parties concerned to handle the registration of change according to law.
Article 31 The registration authority shall, in accordance with the relevant provisions of the State Administration for Industry and Commerce, rely on the registration management database of individual industrial and commercial households, use information technology to carry out credit supervision of individual industrial and commercial households, and promote the construction of social credit system.
Chapter VI Publicity and Publicity of Registration Management Information
Article 32 The registration authority shall publicize the following contents of the registration of individual industrial and commercial households at the registration place and its website:
(1) registered items;
(2) registration basis;
(3) Registration conditions;
(4) Registration procedures and time limit;
(5) Submit the catalogue of application materials and the model text of the application;
(six) the standard and basis of registration fee.
The registration authority shall, at the request of the applicant, explain and explain the contents of the publicity.
Thirty-third public access to the following information of individual industrial and commercial households, the registration authority shall provide:
(a) the relevant information about the opening, change and cancellation of registration;
(2) Photo inspection related information.
(3) Other information as stipulated by the State Administration for Industry and Commerce.
Thirty-fourth individual industrial and commercial households registration management materials involving state secrets, commercial secrets and personal privacy, the registration authority shall not disclose.
Chapter VII Legal Liability
Article 35 Where individual industrial and commercial households submit false materials to defraud registration, or forge, alter, lease, lend or transfer their business licenses, the registration authority shall order them to make corrections and impose a fine of less than 4,000 yuan; If the circumstances are serious, the registration or business license shall be revoked.
Thirty-sixth individual industrial and commercial households registered items change, did not apply for change registration, the registration authority shall order it to correct, and impose a fine of 1500 yuan; If the circumstances are serious, the business license shall be revoked.
Thirty-seventh individual industrial and commercial households in violation of the provisions of article twenty-fifth, the registration authority shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 500 yuan shall be imposed.
Thirty-eighth individual industrial and commercial households fail to handle the annual inspection within the prescribed time limit, and 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.
Chapter VIII Supplementary Provisions
Thirty-ninth China citizens and Taiwan Province residents who are permanent residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region may apply for registration as individual industrial and commercial households in accordance with the relevant provisions of the state.
Article 40 Where an individual industrial and commercial household applies to change its organizational form into an enterprise, the registration authority shall provide it with the convenience of changing the organizational form of the market subject, such as continuing to use the original name and font size and maintaining the continuity of industrial and commercial registration files, as well as relevant policies, regulations and information consulting services.
Forty-first individual industrial and commercial households shall pay registration fees for industrial and commercial registration and change registration.
The registration fee standard for individual industrial and commercial households shall be implemented in accordance with the relevant provisions of the state.
Article 42 The format of registration documents and the original and duplicate formats of business licenses of individual industrial and commercial households shall be formulated by the State Administration for Industry and Commerce.
Article 43 These Measures shall be implemented as of 201111. 1998 The Detailed Rules for the Implementation of the Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households issued by the State Administration for Industry and Commerce on September 5, 2004 and revised by Order No.86 of the State Administration for Industry and Commerce on February 3, 2004, and the Regulations on the Registration Procedures of Individual Industrial and Commercial Households issued by Order No.0/3 of the State Administration for Industry and Commerce on July 23, 2004 shall be abolished at the same time.