1. What are the ways to obtain franchise rights?
1. The ways to obtain franchise rights are:
(1) Authorized by government agencies and permitted Specific enterprises use public property, or have the right to operate certain franchised businesses in certain areas, such as allowing airlines to use state-owned airport facilities to operate passenger and cargo services on routes specified by the government;
(2) An enterprise grants another enterprise the exclusive rights to use its trademark, trade name, patent rights, proprietary technology and other exclusive rights for a limited time or permanently, and engage in business activities under the franchisor’s unified business model in accordance with the provisions of the contract, and Pay corresponding fees to the franchisor.
2. Legal basis: Article 34 of the "Administrative Licensing Law of the People's Republic of China"
The administrative agency shall review the application materials submitted by the applicant.
If the application materials submitted by the applicant are complete and comply with the legal form, and the administrative agency is able to make a decision on the spot, it shall make a written administrative licensing decision on the spot.
If the substantive content of the application materials needs to be verified according to legal conditions and procedures, the administrative agency shall assign more than two staff members to conduct verification.
2. Under what circumstances should the administrative agency handle the applicant’s application for administrative license respectively?
1. If the application matter does not require administrative license according to law, the applicant shall be notified immediately The applicant will not be accepted;
2. If the application matter does not fall within the scope of the administrative agency's powers according to law, a decision shall be made immediately not to accept the application and the applicant shall be informed to apply to the relevant administrative agency;
3. If the application materials contain errors that can be corrected on the spot, the applicant shall be allowed to correct them on the spot;
4. If the application materials are incomplete or do not comply with the legal form, the applicant shall be informed on the spot or within five days. If all content that needs to be supplemented and corrected is not notified within the time limit, the application will be accepted from the date of receipt of the application materials;
5. The application matters fall within the scope of authority of this administrative agency, and the application materials are complete and in legal form, or If the applicant submits all supplementary and corrected application materials in accordance with the requirements of this administrative agency, the application for administrative licensing shall be accepted.