Circular of the Ministry of Justice on Seeking Public Comments on the Regulations for Individually-owned Businesses (Revised Draft for Review)
Circular of the Ministry of Justice on Seeking Public Comments on the Regulations for Individually-owned Businesses (Revised Draft for Review)
Circular of the Ministry of Justice on Seeking Public Comments on the Regulations for Individually-owned Businesses (Revised Draft for Review)
November 9, 2018
In order to enhance the openness and transparency of legislation and improve the quality of legislation, the Regulations for Individually-owned Businesses (Revised Draft for Review) and the explanations thereof drafted by the State Administration for Market Regulation are hereby promulgated to seek public comments. The public can log onto the official website of the Ministry of Justice, the Legal Services of China, or the China Legislative Information Network, and subscribe to the WeChat official account of the Ministry of Justice to view the draft for review and its explanations. The relevant entities and people from all walks of life may give opinions via the following three ways before December 9, 2018:
I. Log onto the website "Legal Services of China" (www.12348.gov.cn) or "China Legislative Information Network" (www.chinalaw.gov.cn), and open the "Legislative Opinion Solicitation" column on the homepage to give your opinions.
II. Send your opinions by mail to: Legislative Affairs Second Bureau of the Ministry of Justice, No.6 Chaoyangmen Nandajie, Chaoyang District, Beijing, 100020, and mark the wording "comments sought on the Regulations for Individually-owned Businesses" on the envelope.
III. Email your opinions to:
Regulations for Individually-owned Businesses: gtgsh2018@chinalaw.gov.cn
Regulations for Individually-owned Businesses (Revised Draft for Review)
Article 1 The Regulations are formulated for the purposes of protecting the legitimate rights and interests of individually-owned businesses, encouraging, supporting and guiding the healthy development of individually-owned businesses, strengthening the supervision and administration of and service for individually-owned businesses, and giving play to their important role in economic and social development and job enlargement.
Article 2 Individually-owned businesses refer to citizens engaged in industrial and commercial businesses after going through registration formalities with market regulatory departments in accordance with the Regulations.
An individually-owned business may operate business by an individual or by a family.
The lawful rights and interests of individually-owned businesses shall be protected by the law; no entity or individual may infringe upon them.
Article 3 Market regulatory departments of counties, autonomous counties and cities not divided into districts are authorities responsible for the registration of individually-owned businesses (hereinafter referred to as the "registration authorities"). Registration authorities may assign their local offices to handle registration of individually-owned businesses according to the provisions of the market regulatory department under the State Council.
Article 4 The State applies principles of equality in market access and fair treatment to individually-owned businesses.
For an application for registration of a individually-owned business, registration authorities shall handle the registration thereof in accordance with the law provided that the business scope being applied for is not forbidden by laws or administrative regulations.
Article 5 Market regulatory departments and other departments of the people's governments at or above the county level shall carry out supervision and administration of individually-owned businesses in accordance with the law.
Individually-owned businesses' operation shall comply with laws, regulations, social morality and commercial ethics, keep faith and be subject to law-based supervision by the government and its relevant departments.
Article 6 Local people's governments of all levels and relevant departments of the people's governments at or above the county level shall adopt measures to provide individually-owned businesses with support, convenience, information consulting and other services in respect of business premises, entrepreneurship and vocational skills training, technological innovation and participating in social insurance, etc.
Article 7 Individual laborers' associations established in accordance with the law shall provide services, under the direction of market regulatory departments, to individually-owned businesses, protect their legitimate rights and interests and guide them to keep faith and exercise self-discipline.
Individually-owned businesses may voluntarily choose to participate in individual laborers' associations and other industrial associations.
Article 8 To establish an individually-owned business, an application for registration shall be filed with the registration authority where business premises are located in accordance with the Regulations.
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November 9, 2018
In order to enhance the openness and transparency of legislation and improve the quality of legislation, the Regulations for Individually-owned Businesses (Revised Draft for Review) and the explanations thereof drafted by the State Administration for Market Regulation are hereby promulgated to seek public comments. The public can log onto the official website of the Ministry of Justice, the Legal Services of China, or the China Legislative Information Network, and subscribe to the WeChat official account of the Ministry of Justice to view the draft for review and its explanations. The relevant entities and people from all walks of life may give opinions via the following three ways before December 9, 2018:
I. Log onto the website "Legal Services of China" (www.12348.gov.cn) or "China Legislative Information Network" (www.chinalaw.gov.cn), and open the "Legislative Opinion Solicitation" column on the homepage to give your opinions.
II. Send your opinions by mail to: Legislative Affairs Second Bureau of the Ministry of Justice, No.6 Chaoyangmen Nandajie, Chaoyang District, Beijing, 100020, and mark the wording "comments sought on the Regulations for Individually-owned Businesses" on the envelope.
III. Email your opinions to:
Regulations for Individually-owned Businesses: gtgsh2018@chinalaw.gov.cn
Regulations for Individually-owned Businesses (Revised Draft for Review)
Article 1 The Regulations are formulated for the purposes of protecting the legitimate rights and interests of individually-owned businesses, encouraging, supporting and guiding the healthy development of individually-owned businesses, strengthening the supervision and administration of and service for individually-owned businesses, and giving play to their important role in economic and social development and job enlargement.
Article 2 Individually-owned businesses refer to citizens engaged in industrial and commercial businesses after going through registration formalities with market regulatory departments in accordance with the Regulations.
An individually-owned business may operate business by an individual or by a family.
The lawful rights and interests of individually-owned businesses shall be protected by the law; no entity or individual may infringe upon them.
Article 3 Market regulatory departments of counties, autonomous counties and cities not divided into districts are authorities responsible for the registration of individually-owned businesses (hereinafter referred to as the "registration authorities"). Registration authorities may assign their local offices to handle registration of individually-owned businesses according to the provisions of the market regulatory department under the State Council.
Article 4 The State applies principles of equality in market access and fair treatment to individually-owned businesses.
For an application for registration of a individually-owned business, registration authorities shall handle the registration thereof in accordance with the law provided that the business scope being applied for is not forbidden by laws or administrative regulations.
Article 5 Market regulatory departments and other departments of the people's governments at or above the county level shall carry out supervision and administration of individually-owned businesses in accordance with the law.
Individually-owned businesses' operation shall comply with laws, regulations, social morality and commercial ethics, keep faith and be subject to law-based supervision by the government and its relevant departments.
Article 6 Local people's governments of all levels and relevant departments of the people's governments at or above the county level shall adopt measures to provide individually-owned businesses with support, convenience, information consulting and other services in respect of business premises, entrepreneurship and vocational skills training, technological innovation and participating in social insurance, etc.
Article 7 Individual laborers' associations established in accordance with the law shall provide services, under the direction of market regulatory departments, to individually-owned businesses, protect their legitimate rights and interests and guide them to keep faith and exercise self-discipline.
Individually-owned businesses may voluntarily choose to participate in individual laborers' associations and other industrial associations.
Article 8 To establish an individually-owned business, an application for registration shall be filed with the registration authority where business premises are located in accordance with the Regulations.
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