The term "self-employed households" as mentioned in these Regulations refers to operators whose production and operation capital approved and registered according to law is privately owned, mainly engaged in individual, individual partnership or family labor, and for the purpose of making profits.
The term "private enterprise" as mentioned in these Regulations refers to a profit-making economic organization whose assets are privately owned and employees are more than 8. Article 3 The individual and private economy is an important part of the national economy. People's governments at all levels shall ensure that self-employed households and private enterprises participate in market competition on an equal footing according to law. All relevant functional departments should support, guide, supervise and manage the development of individual and private economy according to law. Article 4 Self-employed workers' associations and private enterprise associations are social organizations composed of self-employed households and private enterprises respectively under the guidance of the administrative authorities for industry and commerce at the same level, which perform the duties of self-education, self-management and self-service and safeguard the legitimate rights and interests of self-employed households and private enterprises. Article 5 Self-employed households and private enterprises shall obey the leadership of the local government, operate legally and pay taxes according to law. Chapter II Registration Article 6 Persons who apply to engage in self-employment and start private enterprises must be at least 18 years old and have the capital, site, technology and other conditions suitable for production and operation.
Citizens 16 years old and under 18 years old whose main source of livelihood is their own labor income can also apply for self-employment and start private enterprises if they have the capital, venue and technology suitable for production and operation. Article 7 Self-employed households and private enterprises may engage in production and business activities in agriculture, forestry, animal husbandry, fishing, industry, commerce, construction, transportation, catering, service, repair, scientific and technological development, culture, education, sports, medical treatment, tourism, information consultation, brokerage and other industries according to law.
Self-employed households and private enterprises have the capital, site, technology and other conditions, and can be mainly engaged in one industry, cross-industry or comprehensive operation after approval. Article 8 Self-employed individuals and private enterprises can register directly without pre-approval except for special industries that are specifically approved and licensed by laws and administrative regulations.
The registration of self-employed households and private enterprises engaged in brokerage activities shall be handled in accordance with the relevant provisions of the state and this province. Article 9 Private enterprises shall be registered at different levels according to administrative divisions. The registration authority at a higher level may entrust the registration authority at the place where it operates to carry out supervision and management. Article 10 Self-employed households and private enterprises can choose their own modes of operation within the scope prescribed by the state.
Self-employed households and private enterprises can jointly operate or participate in operations with enterprises of different regions and different ownership systems, and can lease, contract and purchase state-owned or collective enterprises.
Self-employed households and private enterprises may establish Chinese-foreign equity joint ventures and Chinese-foreign cooperative ventures with foreign investors according to law, and self-employed households and private enterprises that meet the conditions prescribed by the state may obtain the right to import and export foreign trade and engage in foreign trade according to law. Eleventh individual and private operators shall not be registered in the name of ownership by the whole people or collective ownership, and no unit or department shall issue certificates for individual and private operators to bid for state-owned and collective enterprises. Chapter III Rights and Obligations Article 12 Self-employed households and private enterprises shall enjoy the following rights in accordance with the provisions of laws and regulations:
(1) Property ownership;
(2) the exclusive right to use the registered name;
(3) Independently determining the mode of operation and varieties within the approved scope;
(4) Recruiting and dismissing employees independently;
(five) to decide independently the labor remuneration and income distribution;
(six) according to the provisions of the state and province on price management, determine the product prices and service charges;
(seven) to apply for and obtain the exclusive right to use a patent or registered trademark;
(eight) to conclude, modify and terminate the economic contract;
(nine) the right to receive awards and honorary titles;
(ten) other rights stipulated by laws and regulations. Thirteenth self-employed households and private enterprises shall perform the following obligations according to law:
(1) Abide by national laws and regulations and abide by the law;
(2) Handling tax registration in accordance with regulations and paying taxes according to law;
(three) according to the provisions of the state, private enterprises pay fees to the administrative department for Industry and commerce; Self-employed households pay fees and management fees to the administrative department for industry and commerce;
(four) clearly marked, bright business;
(five) to submit financial and statistical statements to the relevant departments;
(six) fair competition, and consciously safeguard the rights and interests of consumers;
(7) Abide by social morality and professional ethics, conduct business in a civilized manner, and be polite to guests;
(eight) respect for the democratic rights of workers and improve working conditions;
(nine) to perform the contract and repay the debts;
(ten) other obligations stipulated by laws and regulations. Fourteenth self-employed households and private enterprises shall not engage in the following production and business activities:
(a) the production and operation of industries and products prohibited by the state;
(2) smuggling and bootlegging;
(three) dominate the market, buy and sell, drive up prices, profiteering;
(four) the production and sale of fake and shoddy goods and toxic and harmful food and supplies;
(5) Printing, selling, broadcasting or renting obscene books, periodicals and audio-visual products;
(six) recruit child labor, abuse, insult or coerce employees to engage in prostitution, pornography and other illegal activities;
(seven) other activities prohibited by laws and regulations.