The term "self-employed households" as mentioned in these Regulations refers to operators who are invested by individuals, mainly engaged in personal or family labor, engaged in business activities, and have been approved and registered according to law and obtained business qualifications.
The term "private enterprises" as mentioned in these Regulations refers to profit-making economic organizations invested by natural persons, mainly engaged in wage labor, and approved and registered according to law. Private enterprises are divided into sole proprietorships, joint ventures and limited liability companies. Article 3 The individual and private economy is an integral part of the socialist market economy.
Self-employed households and private enterprises participate in market competition on an equal footing with state-owned and collective enterprises. Article 4 People's governments at all levels shall incorporate the development of individual and private economy into the national economic and social development plan and take effective measures to encourage, support and guide the development of individual industrial and commercial households and private enterprises. Article 5 Employees of private enterprises shall establish trade unions according to law to safeguard the legitimate rights and interests of employees.
Private enterprises should provide necessary conditions for trade unions to carry out activities. Article 6 Self-employed households and private enterprises may establish associations of self-employed workers, private enterprises or individual and private enterprises according to law, and accept the guidance of the administrative department for industry and commerce at the same level.
The Federation of Industry and Commerce should cooperate with the government to unite, help, guide and educate representatives of individual and private economy. Chapter II Establishment, Change and Termination Article 7 Citizens with full capacity for civil conduct may establish self-employed households or private enterprises according to law.
If a natural person leases a site or facility, conducts business activities and independently bears civil liability, it shall apply for the establishment of a self-employed household or a private enterprise during the lease operation. Eighth the establishment of self-employed households, should have the necessary conditions for production and operation.
The establishment of private enterprises should have funds, employees, fixed business premises and facilities commensurate with the scale of operation. Article 9 Self-employed households shall be registered by the county-level administrative department for industry and commerce; Private enterprises shall register at different levels according to the names of administrative divisions they have crowned.
The establishment of self-employed households and private enterprises shall submit identity certificates, business premises certificates and other relevant documents. Where a partnership enterprise is established, a partnership agreement shall also be submitted.
Self-employed households and private enterprises can choose their own business scope. Where laws and administrative regulations stipulate that the business scope must be approved by the relevant departments, the approval documents shall be submitted when applying for establishment registration. Article 10 Those who apply for the establishment of self-employed households or private enterprises may not apply for registration in the name of state-owned enterprises or collective enterprises.
No unit or individual may issue false certificates in the name of collective or state-owned enterprises to apply for starting self-employed households or private enterprises. Eleventh self-employed households and private enterprises shall, within the prescribed time, go to the registration authority to accept the annual inspection. Twelfth self-employed households and private enterprises to change their domicile, business premises, business scope and other registered items, should go through the registration of change.
Where a private enterprise is divided, merged, transferred or relocated, it shall go through the registration of change, establishment and cancellation respectively. Thirteenth self-employed households and private enterprises, within six months after registration, do not carry out business activities without justifiable reasons, as a voluntary termination. Fourteenth self-employed households and private enterprises shall pay off their debts according to law when they terminate.
Self-employed households shall be liable for paying off debts with all their personal property or family property.
A wholly-owned enterprise shall be liable for its debts with the property of the enterprise, investor or family.
In a partnership, the partners shall bear the liquidation responsibility according to the proportion of capital contribution or the partnership agreement. Fifteenth private enterprises to pay off debts in the following ways:
(1) If a private enterprise is declared bankrupt according to law, the people's court shall organize bankruptcy liquidation.
(2) If a sole proprietorship enterprise disbands itself or is ordered to close down, the investor shall organize a liquidation group to conduct liquidation within 15 days.
(3) If the partnership enterprise is dissolved according to the agreement, dissolved by itself or ordered to close down, it shall be liquidated by all the partners or all the partners * * * together with the designated representatives within 15 days. Article 16 Where an individual industrial and commercial household or private enterprise terminates, it shall, within 30 days after the debt is paid off or liquidated, apply to the registration authority for cancellation of registration and surrender its business license. Article 17 The Company Law of People's Republic of China (PRC) shall apply to the establishment and termination of a private limited liability company. Chapter III Rights, Obligations and Protection Article 18 Individual industrial and commercial households and private enterprises shall enjoy the following rights in their production and business activities according to law:
(a) Exercise the right to possess, use, dispose of and benefit from its own assets;
(2) The registered shop name and name enjoy exclusive rights within the prescribed scope, and can be used to sign business contracts, sue and respond to lawsuits;
(3) Independent production and operation within the scope of approval and registration, and independent determination of after-tax profit distribution;
(four) to set up internal institutions independently, and to decide on the form of employment, the way of wage distribution and the wage level of employees independently within the scope prescribed by national laws and regulations;
(five) to participate in or host commodity fairs, order fairs and trade fairs;
(6) Opening a bank account and applying for a loan;
(7) Obtaining patent rights and trademark rights. Employees have the right to obtain professional titles;
(eight) going abroad (territory) to engage in business activities;
(9) Obtaining awards and honorary titles;
(ten) refusing to collect fees, raise funds, impose fines and check in violation of laws, regulations and rules;
(eleven) contracting, leasing and purchasing enterprises and production and business premises organized by other economic organizations according to law;
(twelve) other rights stipulated by laws and regulations.