Regulations on the Protection of Rights and Interests of Individual Industrial and Commercial Households and Private Enterprises in Guangdong Province

Article 1. In order to create a fair competitive environment, promote the healthy development of the individual and private economy, protect the legitimate rights and interests of individual industrial and commercial households and private enterprises, and develop the socialist market economy, in accordance with the provisions of the Constitution and relevant laws and regulations , this regulation is formulated based on the actual situation of the province. Article 2 These regulations apply to individual industrial and commercial households and private enterprises engaged in production and business activities within the administrative region of this province. Article 3 The legitimate rights and interests of individual industrial and commercial households and private enterprises shall be protected by state law.

Individual industrial and commercial households and private enterprises should operate in compliance with the law, pay taxes in accordance with the law, conduct business in a civilized manner, compete fairly, and must not harm national interests, social public interests, or the legitimate rights and interests of others. Article 4 People's governments at all levels shall incorporate the individual and private economy into the national economic development plan, encourage, support and guide the healthy development of the individual and private economy. Article 5 People's governments at all levels encourage and support all organizations and individuals to supervise behaviors that harm the legitimate rights and interests of individual industrial and commercial households and private enterprises.

News media should conduct public opinion supervision of behaviors that harm the legitimate rights and interests of individual industrial and commercial households and private enterprises. Article 6: The industrial and commercial administrative departments at all levels are responsible for the implementation of these Regulations.

Relevant administrative departments and judicial organs of people's governments at all levels shall, in accordance with the provisions of laws and regulations and within the scope of their respective responsibilities, safeguard the legitimate rights and interests of individual industrial and commercial households and private enterprises. Article 7 Individual industrial and commercial households and private enterprises shall have the right to possess, use, benefit from and dispose of all their properties.

It is prohibited for any unit or individual to appropriate, destroy or otherwise infringe upon the legitimate property of individual industrial and commercial households and private enterprises. Article 8 Individual industrial and commercial households and private enterprises enjoy equal treatment in market access. When individual industrial and commercial households or private enterprises submit applications for production and operation that do not violate laws and regulations, the relevant departments should handle the approval procedures in a timely manner.

Private enterprises can establish Sino-foreign joint ventures and Sino-foreign cooperative enterprises, obtain import and export rights or invest in enterprises overseas in accordance with regulations. Article 9 The means of production, loans and social services required by individual industrial and commercial households and private enterprises in their production and operations shall be treated equally with public-owned enterprises. Article 10 The names of individual industrial and commercial households and private enterprises that have been approved and registered shall be protected by law.

No unit or individual may infringe the exclusive rights and patent rights of registered trademarks of individual industrial and commercial households and private enterprises.

The trade secrets of individual businesses and private enterprises are protected by law. Article 11 Individual industrial and commercial households and private enterprises operate independently, and no unit or individual may interfere.

Individual industrial and commercial households and private enterprises have the right to recruit employees in accordance with the law according to the needs of production and operation, determine the conditions, forms, quantities, and duration of employment; change and terminate labor contracts in accordance with the law. Article 12 Individual industrial and commercial households and private enterprises have the right to refuse various fees, fines, sponsorships and assessments that violate the provisions of laws, regulations and rules. Article 13 Individual industrial and commercial households and private enterprises may obtain land use rights in accordance with the law.

If the land use rights of individual industrial and commercial households and private enterprises are recovered in advance due to national construction needs, and buildings and other attachments on the ground are demolished, the construction unit shall provide appropriate resettlement and compensation in accordance with relevant national regulations.

No unit or individual may encroach upon or destroy the legal business premises and facilities of individual industrial and commercial households and private enterprises. Article 14 If individual industrial and commercial households and professional and technical personnel of private enterprises apply to participate in the professional and technical title qualification examination or review, the individual industrial and commercial households or the individual workers' associations of private enterprises, private enterprise associations, industrial and commercial federations, and private science and technology enterprises shall The association shall fill in relevant materials to the personnel management department, and the personnel management department shall handle the application or evaluation procedures in accordance with relevant regulations.

The personnel management department shall issue professional and technical title certificates in accordance with regulations to individual industrial and commercial households and professional and technical personnel in private enterprises who have passed the qualification examination or review. Article 15 Individual industrial and commercial households and private enterprises shall apply for appraisal of scientific and technological achievements to the local administrative department of science and technology, and the administrative department of science and technology shall organize expert appraisal in a timely manner.

Individual industrial and commercial households and private enterprises that develop new products included in national and provincial plans will enjoy preferential treatment in accordance with relevant provincial regulations. Article 16 Individual industrial and commercial households and personnel in private enterprises who need to go abroad (border) for business, study inspections, short-term training, technical exchanges and other matters must go abroad through the city or county individual workers association, private enterprise association, industrial and commercial federation, etc. The meeting will sign an opinion and apply to the public security bureau of the city or county where the household registration is located to apply for a travel document; those who have been employed for more than one year and have applied for a "temporary residence permit" in the location of the individual industrial and commercial household or private enterprise where they are employed can apply to the city or county where they are employed. , the county public security organ applies for exit (border) documents. If you need to go abroad (border) for official business, you must apply for exit (border) documents in accordance with relevant regulations. Article 17 People's governments at all levels shall include the daycare and compulsory education for the children of individual industrial and commercial households and private enterprise employees in social development plans.

When primary and secondary schools and kindergartens admit children of individual industrial and commercial households and employees of private enterprises into schools and daycares, they should charge fees in accordance with government regulations and must not charge arbitrary fees. Article 18 The business licenses of individual industrial and commercial households and private enterprises are legal business certificates. Except for the industrial and commercial administrative departments, no other units or individuals may withhold or revoke them.