1. Industry and handicrafts refer to the exploitation of natural resources and the production, manufacture and processing of commodities, the exploitation of minerals and the repair of production equipment and tools.
2, the construction industry, refers to the civil construction, equipment installation and architectural design, housing repair, etc.
3, transportation, refers to the highway, water passenger and cargo transportation, loading and unloading, etc.
4. Commerce refers to the purchase, sale, trafficking and storage of commodities.
5. Catering industry refers to restaurants, restaurants, restaurants, cold drinks shops, pubs, teahouses and noodle shops.
6. Service industry refers to hairdressing, photography, bathing, dyeing, hotels, lettering, sports and entertainment, information dissemination, scientific and technological exchanges and consulting services.
7. The repair industry refers to the repair of watches, bicycles, sewing machines, radios, televisions, black and white iron and other miscellaneous products.
8. Other industries refer to other industries that national laws and policies allow individual industrial and commercial households to operate.
Legal characteristics
Individual industrial and commercial households are the legal expression of individual industrial and commercial economy.
self-employed households
1. Individual industrial and commercial households are natural persons or families engaged in industrial and commercial operations. Natural persons who engage in industrial and commercial operations by individuals or families are all individual industrial and commercial households. According to the relevant policies of the law, those who can apply for individual industrial and commercial households are mainly unemployed young people in cities and towns, social idlers and rural villagers. In addition, cadres of state organs and employees of enterprises and institutions cannot apply to engage in individual industrial and commercial operations.
2. Natural persons engaged in individual industrial and commercial operations must be approved and registered according to law. The registration authority of individual industrial and commercial households is the administrative department for industry and commerce at or above the county level. Individual industrial and commercial households can only start business after being approved and registered and obtaining a business license. When individual industrial and commercial households change jobs, merge, change registered items or go out of business, they should also go through the registration procedures.
3. Individual industrial and commercial households can only engage in industries where laws and policies allow individual businesses.
legal status
Within the scope of approval and registration according to law, individual industrial and commercial households enjoy the capacity for civil rights and capacity for civil conduct in their operations. The legitimate business activities of individual industrial and commercial households are protected by law, and individual industrial and commercial households enjoy ownership of their business assets and legitimate income. Individual industrial and commercial households can open an account in a bank, apply for a loan from the bank, have the right to apply for the exclusive right to use a trademark, have the right to sign a labor contract, have the right to hire a helper to take an apprentice, and also have the right to name and seal.
Individual industrial and commercial households engaged in production and business activities must abide by state laws, pay taxes according to regulations, and obey industrial and commercial administration. Individual industrial and commercial households engaged in illegal business operations must bear civil liability and other legal liabilities.
Steps for the establishment of individual industrial and commercial households
The establishment of individual industrial and commercial households generally goes through the following steps:
Step 1: Individual contractors or vendors who need names should register their names in advance.
1. After consulting, receive and fill in the Application for Pre-approval (Change) of Name, and prepare relevant materials at the same time; China citizens who are permanent residents of Hongkong and Macao shall submit their identity documents and identity verification documents when setting up individual industrial and commercial households. Among them, Hong Kong residents are required to submit:
(1) Copy of Hong Kong permanent identity card;
(2) A Home Visit Permit for Hong Kong and Macao Compatriots or a Pass for Hong Kong and Macao Residents to and from the Mainland or a copy of the passports of People's Republic of China (PRC) and China Hong Kong Special Administrative Region;
(3) Identity certificate (identity verification document) issued by a Hong Kong lawyer (a notary public entrusted by China) confirmed by China Legal Service (Hong Kong) Co., Ltd. approved by the Ministry of Justice.
Macao residents are required to submit:
(1) Copy of Macao permanent identity card or Macao identity card;
(2) Copies of passports of People's Republic of China (PRC) and Macao Special Administrative Regions or identity certificates issued by the Identity Certification Bureau of the Macao Special Administrative Region Government.
2. Submit the name pre-approval (change) application and wait for the name approval result.
According to the provisions of the Application for Pre-approval of Name (Change), the name of individual industrial and commercial households should be composed of administrative division, brand name, industry and organizational form in turn. The administrative divisions in the name refer to the names of counties (cities) and municipal districts where individual industrial and commercial households are located. After administrative division, the names of towns, streets, administrative villages, communities and markets where individual industrial and commercial households operate may be affixed. The name of the operator can be used as the font size in the name of individual industrial and commercial households. The industry in the name of individual industrial and commercial households shall reflect its main business activities or characteristics. The names of individual industrial and commercial households can be organized in the form of factory, store, museum, department, bank and center, but the words "enterprise", "company" and "farmers' professional cooperative" are not allowed. In the name of individual industrial and commercial households registered in Chengdu, there can no longer be the administrative division name of "Chengdu", but only the administrative division name of the district (city) county where it is located.
3. Receive the Notice of Pre-approval of Enterprise Name and the Application for Industrial and Commercial Registration of Individual Industrial and Commercial Households; If the business scope involves pre-licensing (see the Catalogue of Pre-licensing Projects for Enterprise Registration in Beijing printed by Beijing Administration for Industry and Commerce for specific projects), relevant examination and approval procedures shall be handled;
Step 2: Submit the application materials. The materials are complete and conform to the statutory form, waiting for the notice of approval of establishment registration;
Step 3: After receiving the Notice of Approval of Establishment Registration, pay the fee at the Industrial and Commercial Bureau according to the date specified in the Notice of Approval of Establishment Registration and obtain the business license.
note:
If China citizens who are permanent residents of Hongkong and Macao set up individual industrial and commercial households, please read the Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households, the Detailed Rules for the Implementation of the Provisional Regulations on the Administration of Urban and Rural Individual Industrial and Commercial Households, the Provisions on the Registration Procedures of Individual Industrial and Commercial Households, the Provisions on the Administration of Enterprise Name Registration and this notice before applying for the registration of individual industrial and commercial households, and please go to the county branch for registration.
China citizens who are permanent residents of Hongkong and Macao set up individual industrial and commercial households, and their business scope includes retail (excluding tobacco retail), catering, residential services and other services such as hairdressing and beauty services, bathing services, household appliances and other daily necessities repair, but does not include franchising. Its composition is limited to individual business, with no more than 8 employees and a business area of no more than 300 square meters.
Related content:
1. Urban and rural individual industrial and commercial households and other industries operated by individuals within the scope of state policies and laws are necessary and beneficial supplements to the socialist public ownership economy, and their legitimate rights and interests are protected by state laws, and no unit or individual may infringe upon them.
2. Individual operators must abide by national laws and policies, pay taxes and fees according to law, observe price discipline and professional ethics, ensure product quality, improve service quality and safeguard consumers' interests.
3. All property and lawful income owned by individual operators shall enjoy the right to possess, use and dispose of according to law, and no unit or individual may transfer or possess it without compensation. Factories, shops, venues and other business facilities that have been approved for use shall be handled in accordance with relevant regulations, except those that must be demolished according to urban construction planning. No unit or individual may occupy, dismantle or destroy them without authorization.
4, individual operators according to the provisions of national policies, after registration and approval of the business scope, mode of operation, as well as normal production and business activities. No unit or individual may interfere or restrict.
5, the raw materials and supply sources needed by individual operators, where the market has been liberalized, mainly through market regulation; Belonging to the planned supply part, local businesses, materials and other relevant departments should be based on the principle of overall planning, rational layout and active arrangement.
6, individual operators in addition to pay taxes and fees in accordance with the provisions of the state and the provincial people's government, any unit or individual is not allowed to expand the scope of taxation and raise the tax rate, are not allowed to set up fees and charges without authorization.
Where an enterprise changes its business scope, it shall apply to the enterprise registration authority for registration of change within 30 days from the date when the enterprise makes a resolution or decision on the change. Involving licensed business projects, it shall, within 30 days from the date of approval by the examination and approval authority, apply to the enterprise registration authority for registration of change with the approval documents and certificates. If the business scope applied by an enterprise is under any of the following circumstances, the enterprise registration authority shall not register it: laws, administrative regulations and the State Council have decided to prohibit the enterprise from operating; If it is a licensed project, the approval documents and certificates of the examination and approval authority cannot be submitted; Laws, administrative regulations and the State Council stipulate that enterprises in specific industries can only engage in approved projects, and enterprises apply for other projects; Other circumstances stipulated by laws, administrative regulations and the State Council.
legal ground
Regulations on promoting the development of individual industrial and commercial households
Article 2 These Regulations shall apply to citizens who have the ability to engage in industrial and commercial operations in People's Republic of China (PRC) and are registered as individual industrial and commercial households according to law.
Thirteenth individual industrial and commercial households can voluntarily change their operators or transform into enterprises. Where an operator changes, he may directly apply to the market entity registration authority for registration of change. Where the relevant administrative license is involved, the administrative licensing department shall simplify the procedures according to law and provide convenience for individual industrial and commercial households.
Article 37 China citizens and residents of Taiwan Province Province 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 relevant state regulations.