Fuzhou Regulations on the Protection of Rights and Interests of Private Enterprises

Article 1. In order to safeguard the legitimate rights and interests of private enterprises and promote the healthy development of private enterprises, in accordance with the "Constitution of the People's Republic of China", "Company Law of the People's Republic of China", "China The Partnership Enterprise Law of the People's Republic of China" and the Sole Proprietorship Law of the People's Republic of China and other relevant laws and regulations are formulated in light of the actual situation of this city. Article 2 The term "private enterprise" as mentioned in these Regulations refers to a for-profit economic organization in which all assets of the enterprise are owned by individual citizens, are registered in accordance with the law, and bear limited or unlimited liability for enterprise debts in accordance with the law.

The organizational forms of private enterprises include sole proprietorships, partnerships, limited liability companies, joint stock companies and other forms specified by law. Article 3 People's governments at all levels shall encourage and guide the healthy development of private enterprises, incorporate the development of private enterprises into the overall plan of local economic and social development, and create a good environment for private enterprises to participate in fair competition.

People's governments at all levels and relevant administrative departments and judicial organs shall safeguard the legitimate rights and interests of private enterprises within the scope of their respective responsibilities in accordance with laws and regulations. Article 4 Private enterprises shall fulfill their obligations stipulated in laws and regulations, operate in compliance with the law, pay taxes in accordance with the law, shall not harm the interests of the state, social public interests and the legitimate rights and interests of consumers, and shall accept the supervision and management of relevant government administrative departments in accordance with the law. Article 5 When a private enterprise applies for registration, no department shall set prerequisites other than those prescribed by laws and regulations. Article 6 A business license obtained by a private enterprise in accordance with the law is a legal certificate for engaging in production and business activities. No organization or individual has the right to withhold or revoke it, except that the industrial and commercial administration authorities can withhold or revoke it in accordance with legal procedures. Article 7 Private enterprises have the right to apply for the use of state-owned land in accordance with the law, and no organization or individual may infringe upon the right to use state-owned land obtained in accordance with the law.

Due to construction needs, if the legal production and business premises of a private enterprise are demolished with approval, the construction unit shall provide resettlement and compensation in accordance with the law. Article 8 Private enterprises have the right to possess, use, benefit from and dispose of their legal property (including tangible assets and intangible assets).

No organization or individual may embezzle, rob, destroy or illegally seal, detain, freeze or confiscate the legitimate property of private enterprises. Article 9: No organization or individual may illegally change the ownership relationship of private enterprise property.

Relevant competent departments and units shall not obstruct private enterprises registered under collective ownership when they apply to the registration authority for registration procedures for changes in the economic nature of the enterprise. Article 10: The approved and registered enterprise name of a private enterprise shall enjoy exclusive rights within the prescribed scope and may be transferred in accordance with the law.

The exclusive rights to trademarks, patents and other intellectual property rights of private enterprises are protected by law.

The government encourages and supports private enterprises to create, cultivate and develop famous brand products, and private enterprises have the right to participate in the selection and recognition of famous brand products and famous and well-known trademarks. Article 11: Private enterprises shall have the right to independently determine the production and sales methods, profit distribution methods, organizational structure and management systems of the enterprise in accordance with the law. Article 12 Private enterprises are encouraged to innovate in technology, develop high technology, and participate in bidding for government science and technology plan projects; private enterprises can apply for or accept entrustment to undertake scientific research projects and new product development projects of relevant government departments, and obtain corresponding scientific research funds in accordance with regulations. funding.

The scientific research achievements and new products developed by private enterprises can apply for review and appraisal and participate in achievement awards.

Private enterprises that are recognized as high-tech enterprises by the competent departments can enjoy preferential policies in accordance with regulations. Article 13 Private enterprises may apply for loans from banks. If they meet the conditions, the bank shall handle the loan procedures. Small and medium-sized private enterprises can join the Municipal Small and Medium-sized Enterprise Loan Guarantee Service Center in accordance with regulations and enjoy relevant preferential policies.

Private enterprises can apply to banks for the use of bank acceptance bills. If they meet the conditions, the bank shall handle acceptance and discount business.

Private enterprises that meet the prescribed conditions can apply to issue corporate bonds and stocks and go public. Article 14 Production private enterprises that meet the conditions for self-operated import and export may apply for self-operated import and export rights to the foreign trade and economic authorities in accordance with regulations, and upon approval may directly engage in self-operated import and export business.

Article 15 Private enterprises may take shares in, acquire, merge, lease, and contract other enterprises in accordance with the law, and participate in the bidding and bidding of construction projects; they may conduct joint operations with economic organizations or individuals from different regions, industries, and ownership systems. No organization or individual may force or obstruction.

Encourage private enterprises to participate in investment in energy, transportation, water conservancy and other infrastructure, and participate in public welfare construction and public welfare activities; encourage investment in pillar industries, basic industries, agricultural development fields and remote and impoverished mountainous areas, and enjoy Regarding preferential policies. Article 16 Private enterprises may establish joint ventures or cooperative enterprises in accordance with the law with companies, enterprises and other economic organizations or individuals from foreign countries, the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and the Taiwan region; they may invest and establish enterprises abroad in accordance with the law. Article 17 Private enterprises may hire and dismiss employees in accordance with the law and determine distribution methods and wage levels. Private enterprises shall sign labor contracts with employees in accordance with the law and handle social insurance for employees in accordance with regulations.

Private enterprises should establish trade unions in accordance with the law. The trade union has the right to negotiate and sign collective contracts with the enterprise on an equal footing on behalf of employees to protect the legitimate rights and interests of employees.