The term "private enterprise" as mentioned in these Regulations refers to a profit-making economic organization registered according to law, with assets owned by individuals and more than eight employees. Article 4 People's governments at all levels shall incorporate the development of individual and private economy into the national economic and social development plan, take measures to encourage, support and guide the development of individual industrial and commercial households and private enterprises, and ensure their fair participation in market competition according to law. Article 5 The administrative department for industry and commerce shall, in accordance with the law, conduct industrial and commercial administration and economic supervision over individual industrial and commercial households and private enterprises, protect legitimate business operations and investigate and deal with illegal business operations. Article 6 The legitimate rights and interests and legitimate production and business activities of individual industrial and commercial households and private enterprises are protected by law. Seventh individual industrial and commercial households and private enterprises engaged in production and business activities, must abide by national laws, regulations and policies; Follow the principles of voluntariness, fairness, equal compensation, honesty and credit, and abide by professional ethics; Accept the supervision of the government and the public. Article 8 Individual industrial and commercial households and private enterprises may establish individual workers' associations and private enterprise associations according to law.
Self-employed workers' associations and private enterprise associations perform the duties of "self-education, self-management and self-service", safeguard the legitimate rights and interests of individual industrial and commercial households and private enterprises, publicize and educate their members on law-abiding operation and civilized service, and accept the guidance of the administrative department for industry and commerce at the same level. Article 9 Employees of private enterprises have the right to join and organize trade unions according to law. Private enterprises should provide necessary conditions for trade unions to carry out activities. Tenth people's governments at all levels and relevant departments shall commend and reward individual industrial and commercial households and private enterprises that have made outstanding contributions to economic and social development. Chapter II Registration and Administration Article 11 The following citizens with full capacity for civil conduct may apply to engage in self-employment or start private enterprises:
(1) There are no fixed professionals in cities and towns;
(2) rural villagers;
(3) Resignation and resignation;
(4) retirees and other personnel permitted by laws, regulations and policies.
Individual industrial and commercial households may apply for the establishment of private enterprises. Twelfth citizens engaged in individual industrial and commercial operations and the establishment of private enterprises must apply to the administrative department for industry and commerce for registration and obtain a business license in accordance with the conditions and procedures prescribed by laws and regulations. A private enterprise with the qualification of legal person shall obtain the business license of enterprise legal person and go through the tax registration with the tax authorities.
The registration authority and the department responsible for special examination and approval or licensing shall complete the examination and approval procedures within 15 days after receiving the application for engaging in self-employment and starting private enterprises; If it does not meet the start-up conditions, it shall explain the reasons and notify the applicant in writing. Thirteenth individual industrial and commercial households to change the approved production and business registration items, should go through the registration of change; Business suspension for more than 6 months or termination of production and operation shall be cancelled.
In the event of division, merger, transfer, relocation, establishment and cancellation of branches and change of registered items, private enterprises shall go through the registration of change or re-registration; If it goes out of business, its registration shall be cancelled. Fourteenth individual industrial and commercial households and private enterprises shall, in accordance with the law, go to the registration authority for annual inspection within the specified time every year. Fifteenth individual industrial and commercial households and private enterprises shall not be registered in the name of state-owned enterprises or collective enterprises. Article 16 Individual industrial and commercial households shall employ helpers and apprentices according to regulations, and private enterprises shall sign labor contracts according to law, stipulating the rights and obligations of both parties.
Collective contracts signed by private enterprises and employees shall be filed with the local labor administrative department. Seventeenth individual industrial and commercial households and private enterprises must keep account books, accounting vouchers, tax payment vouchers and other relevant materials in accordance with the prescribed retention period; Private enterprises must establish and improve the financial accounting system according to law, and equip or employ qualified accountants. Chapter III Rights and Obligations Article 18 Individual industrial and commercial households and private enterprises have the right to possess, use, benefit from and dispose of their lawful property, registered trademarks, patents and non-patented technologies, and can inherit them according to law; The right to use state-owned land obtained according to law can be transferred, leased or mortgaged in accordance with laws and regulations. Nineteenth individual industrial and commercial households and private enterprises enjoy the following rights in production and business activities:
(a) to enjoy the exclusive right to use the registered trademark name and font size within the prescribed scope;
(2) Operating independently within the scope of approval and registration;
(three) to apply for the land use right of the production and operation land according to law;
(4) Recruiting or dismissing employees according to law;
(five) to decide on the internal organization of the enterprise;
(six) in accordance with the provisions of the state price management, determine the commodity prices and service charges;
(7) Concluding a contract;
(eight) to apply for patent and trademark registration;
(nine) to participate in market competition on an equal footing with state-owned enterprises, collective enterprises and other enterprises;
(10) Other rights granted by laws and regulations.