Regulations of Changsha Municipality on the Protection of the Rights and Interests of Individual Industrial and Commercial Households and Private Enterprises

Article 1 In order to protect the legitimate rights and interests of individual industrial and commercial households and private enterprises, and promote the healthy development of individual and private economy, these Regulations are formulated in accordance with the Constitution and relevant laws and regulations, combined with the actual situation of this Municipality. Article 2 Units and individuals within the administrative area of this Municipality shall abide by these Regulations. Article 3 The legitimate rights and interests of individual industrial and commercial households and private enterprises are protected by state laws, and no unit or individual may infringe upon them. Article 4 Individual industrial and commercial households and private enterprises shall abide by laws and regulations, engage in production and business activities according to law, and fulfill their tax obligations according to law. It is forbidden to produce and sell fake and inferior commodities, and it is forbidden to harm the public interests and the legitimate rights and interests of others. Article 5 People's governments at all levels shall incorporate the development of individual and private economy into the national economic and social development plan, encourage, guide and support the healthy development of individual industrial and commercial households and private enterprises, and protect their legitimate rights and interests.

The relevant administrative departments and judicial organs of the people's governments at all levels shall, in accordance with their respective functions and duties, do a good job in the service, coordination, management, supervision and protection of rights and interests of individual industrial and commercial households and private enterprises according to law. Article 6 Individual industrial and commercial households and private enterprises shall enjoy the rights of name, reputation and honor; The personal rights of individual entrepreneurs, private business owners and employees are protected by law, and no unit or individual may infringe upon them. Seventh individual industrial and commercial households and private enterprises have the right to possess, use, profit and dispose of all their property according to law.

It is forbidden for any unit or individual to seize, plunder, destroy, extort or infringe upon the legitimate property of individual industrial and commercial households and private enterprises by means of illegal seizure, seizure, freezing and confiscation. Article 8 The exclusive right to use a registered trademark and the patent right of individual industrial and commercial households and private enterprises shall not be infringed upon by any unit or individual. Article 9 Managers entrusted or employed by individual industrial and commercial households and private enterprises shall not commit any of the following acts:

(a) taking advantage of his position or work to occupy the property of individual industrial and commercial households and private enterprises;

(2) providing security with the property of individual industrial and commercial households and private enterprises without authorization;

(three) the management personnel entrusted or hired by the private enterprise take advantage of their positions to ask for bribes;

(4) divulging the business secrets of the enterprise;

(five) other illegal acts that harm the interests of individual industrial and commercial households and private enterprises. Tenth individual industrial and commercial households and private enterprises can obtain land use rights according to law.

No unit or individual may occupy or destroy the production and business premises legally used by individual industrial and commercial households and private enterprises; If the national construction needs to be demolished, it shall be resettled and compensated according to law. Article 11 When the relevant departments collect taxes and fees according to law, their staff members shall show their work certificates, charging basis and charging standards, and issue receipts or tax invoices uniformly printed by the financial department or the tax department.

Individual industrial and commercial households and private enterprises have the right to refuse all kinds of fees, fines, sponsorship and apportionment that violate laws, regulations and rules.

No unit or individual may charge individual industrial and commercial households or private enterprises forcibly, charge in disguised form or ask for sponsorship through activities such as appraisal, reaching standards and reaching standards.

No department or unit may charge fees from individual industrial and commercial households or private enterprises for the same facts and reasons. Article 12 No unit may forcibly sell commodities to individual industrial and commercial households and private enterprises, illegally provide paid services, or force them to buy securities, audio-visual products and order books, newspapers and periodicals. Article 13 Individual industrial and commercial households and private enterprises enjoy the autonomy in production and operation, and have the right to decide their business strategy, production plan, product sales, profit distribution and internal management system. No unit or individual may illegally interfere.

Individual industrial and commercial households and private enterprises sell their products according to law, and no unit or individual may take unfair competition to damage their legitimate rights and interests. Article 14 The business licenses of individual industrial and commercial households and private enterprises shall not be withheld or revoked by any unit or individual, except that the administrative department for industry and commerce may withhold or revoke them according to law or as otherwise provided by laws and regulations. Fifteenth individual industrial and commercial households and private enterprises enjoy the right to employment according to law. Have the right to decide the employment conditions, form, quantity, duration and labor price according to law, and have the right to modify or terminate the labor contract according to law. Article 16 Individual industrial and commercial households and private enterprises shall recruit employees according to law, sign labor contracts with employees according to law, ensure the labor safety of employees, and pay their wages in full and on time.

Private enterprises should support workers to establish trade unions according to law and support trade unions to carry out activities according to law. Seventeenth individual operators, private business owners and their employees, according to law, enjoy the right to participate in national political life, academic exchanges, honorary title evaluation, household registration transfer and visit abroad. Eighteenth individual operators, private business owners and employees can apply for professional and technical title evaluation and technical grade appraisal in accordance with the provisions, and the evaluation and appraisal conditions are the same as those of similar personnel in state-owned and collective enterprises.

College graduates are employed in individual industrial and commercial households and private enterprises, and the personnel exchange center of the personnel department at or above the county level provides personnel agency services, which can continuously calculate the length of service. Nineteenth individual industrial and commercial households and private enterprises shall participate in social insurance in accordance with state regulations and pay social insurance premiums for employees. Self-employed, private business owners and employees enjoy social insurance benefits according to law.

If the personnel of the original government agencies and institutions and state-owned and urban collective enterprises are engaged in self-employment, start private enterprises or go to individual industrial and commercial households and private enterprises for employment, and pay social insurance premiums according to regulations, the coverage of the original social insurance will continue to be effective, and the insurance period can be continuously calculated.