The term "private enterprise" as mentioned in these Regulations refers to a profit-making economic organization whose assets are privately owned, with more than 8 employees, approved and registered by the administrative department for industry and commerce according to law, and bearing civil liabilities according to law. Article 3 Individual industrial and commercial households, private enterprises and all units and individuals within the administrative area of this Municipality shall abide by these Regulations. Article 4 People's governments at all levels shall take effective measures to encourage, guide and support the healthy development of individual industrial and commercial households and private enterprises, giving priority to the development of production-oriented, export-oriented and technology-based individual industrial and commercial households and private enterprises. Fifth city, county (city) District Administration for Industry and Commerce is responsible for the management and supervision of individual industrial and commercial households and private enterprises, its main responsibilities are:
(a) responsible for the examination and registration of individual industrial and commercial households and private enterprises, and issuing business licenses;
(two) responsible for the management and supervision of the production and business activities of individual industrial and commercial households and private enterprises;
(three) according to the law to stop violations of the legitimate rights and interests of individual industrial and commercial households and private enterprises;
(four) to guide the work of individual workers' associations and private enterprise associations;
(five) other duties as prescribed by the state.
The relevant administrative departments and industry management departments shall support, protect, supervise and manage individual industrial and commercial households and private enterprises according to their respective responsibilities. Article 6 Self-employed workers' associations and private enterprises' associations are social organizations voluntarily composed of individual industrial and commercial households and private enterprises respectively, and carry out various activities according to the principles of "self-education, self-management and self-service".
Employees of private enterprises can form trade unions and carry out trade union activities according to law. The legitimate rights and interests of workers are protected by law. Chapter II Registration and Approval Article 7 Persons under the age of 16 with full capacity for civil rights may become individual industrial and commercial households or private enterprise operators after being approved and registered according to law:
(1) Farmers and unemployed people in cities and towns;
(two) retired (including retirement, early retirement) personnel;
(three) foreigners holding temporary residence permits in this Municipality;
(4) Other personnel permitted by laws, regulations and policies. Article 8 Individual industrial and commercial households and private enterprises may engage in industries and undertakings such as industry, handicrafts, construction, transportation, commerce, catering, service, repair, information, advertising, trust and consignment, waste recycling, aquaculture, planting, education, scientific research, culture, medical care, sports and tourism. Except those prohibited by laws and regulations.
Individual industrial and commercial households and private enterprises can contract, lease, merge and purchase state-owned enterprises and collective enterprises; You can participate in shares and form joint-stock enterprises; Can operate across regions, industries and overseas; Joint ventures, cooperation and partnership operations can be conducted with foreign businessmen, and foreign trade can be carried out. Article 9 An application for the establishment of a private enterprise shall meet the following conditions:
(a) funds and employees commensurate with the scale of production, operation and service;
(2) Fixed business premises and necessary facilities;
(3) Other conditions stipulated by laws, regulations and policies. Article 10 To engage in individual industrial and commercial operation or start a private enterprise, it shall be approved and registered by the local administrative department for industry and commerce according to law, and the business license or the Business License of Enterprise as a Legal Person shall be obtained before starting business. Article 11 The administrative department for industry and commerce shall make a decision on examination and approval within seven days and fifteen days respectively from the date of receiving applications from individual industrial and commercial households and private enterprises. Article 12 Unless otherwise provided by laws and regulations, the administrative department responsible for examining specific conditions and exercising special approval power shall, within seven days and fifteen days respectively from the date of receiving the application, examine and approve the applications of individual industrial and commercial households and private enterprises. Thirteenth individual industrial and commercial households, private enterprises to change the name, business scope, mode of operation, business premises, operators (legal representatives) and closed down, must go through the relevant formalities in the administrative department for Industry and commerce.
The division, merger, transfer and increase or decrease of registered capital of private enterprises shall go through relevant formalities with the administrative department for industry and commerce. Chapter III Rights and Obligations Article 14 Individual industrial and commercial households and private enterprises have the right to possess, use, benefit and dispose of their property according to law, and no unit or individual may illegally occupy, destroy, seal up, detain, freeze or confiscate it. Fifteenth individual industrial and commercial households and private enterprises enjoy the following rights in production and business activities:
(a) the right to operate independently according to law;
(2) Obtaining the land use right according to law;
(3) Opening an account with a bank or other financial institution and applying for a loan according to regulations;
(4) Obtaining the patent right, the exclusive right to use a registered trademark and other intellectual property rights according to law;
(five) the name approved by the administrative department for Industry and commerce shall enjoy the exclusive right within the prescribed scope, and may apply for the name of the administrative division such as city, county (city) and district according to the scale of production and operation;
(six) to decide employment and labor remuneration independently according to law;
(seven) to participate in the evaluation of national professional and technical titles and decide on the evaluation and employment of professional titles within the enterprise;
(8) Keeping business secrets;
(9) Other rights granted by laws and regulations.