The responsibilities of the industrial and commercial office include:
(a) to handle the preliminary registration, annual inspection and replacement procedures of enterprises registered and managed by the district and county industrial and commercial bureaus within their jurisdiction, and to supervise and manage the enterprises approved and registered by the district and county industrial and commercial bureaus;
(two) to manage the markets within their respective jurisdictions and supervise the trade and economic activities of the markets;
(three) to supervise and inspect the conclusion and performance of economic contracts within the jurisdiction, and to mediate disputes over economic contracts;
(4) Accepting, examining and reporting the applications for opening, changing and closing of individual industrial and commercial households within its jurisdiction, and supervising and managing the production and business activities of individual industrial and commercial households;
(five) to guide enterprises, institutions and individual industrial and commercial households within their jurisdiction to apply for trademark registration correctly, and to supervise and manage their use of trademarks;
(six) to supervise and manage the advertisements set up and posted within the jurisdiction;
(seven) according to the provisions of the collection and payment of various industrial and commercial charges and fines;
(eight) to publicize the laws, regulations and relevant policies on industrial and commercial administration;
(nine) other administrative duties for industry and commerce as prescribed by laws and regulations.
The basis is Article 5 of the Regulations on the Administration of Work-related Injuries.
Do they have the right to detain the goods or impose heavy fines?
The administrative department for industry and commerce at or above the county level shall seal up and detain the goods only with the approval of the principal responsible person. Based on Article 10 of Measures for Investigating and Banning Unlicensed Business.
Therefore, the industrial and commercial office has no right to detain. As for the determination of the high amount, it needs to be determined by specific figures, but if the seizure and fine are punished once, it will be invalid according to law because it violates the procedural requirements.
3. Can't I get a business license if I can't bear it because the fine is too high?
There seems to be no connection between getting a license and being fined. Although it costs money to get a license, legally speaking, after all, a license will not be invalid because of being fined. Of course, you really have no money to do it.
4. Is it impossible to open the door for business?
You can open the door without a license, but you will be punished. I suggest you go through the formalities before starting business.
As far as this case is concerned, the punishment is invalid because of the ultra vires punishment of the industrial and commercial office. But I suggest you go through the relevant formalities as soon as possible, otherwise you will be punished only the next time someone punishes you according to law.
I hope it helps you, and I wish you all the best!
Supplement: The goods have been detained by them. Do you have to pay a fine if you want them back?
From the analysis of point 2 above, it can be seen that the industrial and commercial office has no right to detain the goods, which is illegal. Then do you still have to pay a fine for returning illegally detained goods according to law? Obviously not.
If they don't pay the fine, do they have the right not to return the goods or refuse to apply for a business license?
Fines belong to administrative punishment and permits belong to administrative licensing, which are two administrative acts that do not affect each other. This point has been mentioned in the analysis of point 3 above. Even if the fine is not paid, it will not affect the license. In addition, whether the fine imposed by the industrial and commercial office in this case is legal or not needs further information to determine, and failure to pay it may also be illegal.