Administrative Measures for the Registration of Individually-owned Businesses (Revised in 2019)
Administrative Measures for the Registration of Individually-owned Businesses (Revised in 2019)
Administrative Measures for the Registration of Individually-owned Businesses (Revised in 2019)
Order of the State Administration for Market Regulation No.14
August 8, 2019
(Promulgated under the Order of the State Administration for Industry and Commerce No.56 dated September 30, 2011, and revised for the first time in accordance with the Decision of the State Administration for Industry and Commerce on Amending Such Rules as the Implementing Rules for the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons, the Administrative Provisions on the Registration of Foreign-invested Partnership Enterprises, the Administrative Measures for the Registration of Sole Proprietorship Enterprises and the Administrative Measures for the Registration of Individually-owned Businesses promulgated under the Order of the State Administration for Industry and Commerce No.63 dated February 20, 2014; and revised for the second time in accordance with the Order of the State Administration for Market Regulation No. 14, Decision of the State Administration for Market Regulation on Revising Four Rules Including the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons on August 8, 2019 )
Chapter I General Provisions
Article 1 To safeguard the legitimate rights and interests of individually-owned businesses, encourage, support and guide the healthy development of individually-owned businesses, regulate the administration of the registration of individually-owned businesses, the Administrative Measures for the Registration of Individually-owned Businesses (hereinafter referred to as the "Measures") are enacted in accordance with the Regulations on Individual Businesses.
Article 2 Citizens with operation capacity may legally carry out operation activities upon registration with the market regulation administration and obtaining the business license for individually-owned business.
Article 3 Opening, change or cancellation of registration of individually-owned businesses shall be handled in accordance with the Regulations on Individually-owned Businesses and the Measures.
In case of applying for handling of the registration of an individually-owned business, the applicant shall be responsible for the authenticity of the application materials.
Article 4 The market regulation administrations shall be the administrative authorities for the registration of individually-owned businesses.
The State Administration for Market Regulation shall be responsible for the nationwide administration of registration of individually-owned businesses.
The market regulation administrations of all provinces, autonomous regions and municipalities directly under the Central Government and the market regulation administrations of municipalities (regions) with districts shall be responsible for the administration work of the registration of individually-owned businesses within their jurisdictions.
The market regulation administrations of counties, autonomous counties, municipalities without districts and municipal districts shall be the registration authorities for individually-owned businesses (hereinafter referred to as the "Registration Authorities") to be responsible for the registration of individually-owned businesses within their jurisdictions.
Article 5 Registration Authorities may entrust their dispatched agencies to go through the formalities for registration of individually-owned businesses.
Chapter II Registration Items
Article 6 The registration items for individually-owned businesses include:
1. name and domicile of operator;
2. way of formation;
3. scope of business; and
4. place of business.
Where individually-owned businesses use names, then name shall be a registration item thereof.
Article 7 "Name and domicile of operator" refers to name of the citizen applying to register as individually-owned business and the detail address of his/her registered permanent residence.
Article 8 "Way of formation" includes individual operation and family operation.
In case of family operation, name of family members participating in the operation shall be simultaneously filed.
Article 9 "Scope of business" refers to the type of industry which the operation activities carried out by the individually-owned business.
The Registration Authorities shall according to the application of the applicant and with reference to the standards for types in the National Industrial Classification register the scope of business of the individually-owned businesses.
Article 10 "Place of business" refers to the detail address of the locality of the individually-owned business.
The place of business registered with the Registration Authorities by the individually-owned businesses may only be one place.
Article 11 Where individually-owned businesses apply for use of names, the case shall be handled in accordance with the Administrative Measures for the Registration of Names of Individually-owned Businesses.
Chapter III Registration Application
Article 12 In case of individual operation, the operator shall be the applicant; in case of family operation, the family member responsible for operation shall be the applicant.
In case of entrusting agents to apply for opening, change or cancellation of registration, the power of attorney issued by the applicant and the identity certification or qualifications certification of the agents shall be submitted.
Article 13 For application of the registration of individually-owned businesses, the applicant or its entrusted agent may directly register with the Registration Authorities at the locality of its place of business; where the Registration Authorities delegate their dispatched agencies to go through the formalities for registration of individually-owned businesses, the applicant or its entrusted agent may register with the dispatched agencies at the locality of its place of business.
The applicant or its entrusted agent may submit application to the Registration Authorities at the locality of its place of business by post, facsimile, electronic data exchange, email or other means.
......
Order of the State Administration for Market Regulation No.14
August 8, 2019
(Promulgated under the Order of the State Administration for Industry and Commerce No.56 dated September 30, 2011, and revised for the first time in accordance with the Decision of the State Administration for Industry and Commerce on Amending Such Rules as the Implementing Rules for the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons, the Administrative Provisions on the Registration of Foreign-invested Partnership Enterprises, the Administrative Measures for the Registration of Sole Proprietorship Enterprises and the Administrative Measures for the Registration of Individually-owned Businesses promulgated under the Order of the State Administration for Industry and Commerce No.63 dated February 20, 2014; and revised for the second time in accordance with the Order of the State Administration for Market Regulation No. 14, Decision of the State Administration for Market Regulation on Revising Four Rules Including the Detailed Rules for the Implementation of the Administrative Regulations of the People's Republic of China on the Registration of Enterprise Legal Persons on August 8, 2019 )
Chapter I General Provisions
Article 1 To safeguard the legitimate rights and interests of individually-owned businesses, encourage, support and guide the healthy development of individually-owned businesses, regulate the administration of the registration of individually-owned businesses, the Administrative Measures for the Registration of Individually-owned Businesses (hereinafter referred to as the "Measures") are enacted in accordance with the Regulations on Individual Businesses.
Article 2 Citizens with operation capacity may legally carry out operation activities upon registration with the market regulation administration and obtaining the business license for individually-owned business.
Article 3 Opening, change or cancellation of registration of individually-owned businesses shall be handled in accordance with the Regulations on Individually-owned Businesses and the Measures.
In case of applying for handling of the registration of an individually-owned business, the applicant shall be responsible for the authenticity of the application materials.
Article 4 The market regulation administrations shall be the administrative authorities for the registration of individually-owned businesses.
The State Administration for Market Regulation shall be responsible for the nationwide administration of registration of individually-owned businesses.
The market regulation administrations of all provinces, autonomous regions and municipalities directly under the Central Government and the market regulation administrations of municipalities (regions) with districts shall be responsible for the administration work of the registration of individually-owned businesses within their jurisdictions.
The market regulation administrations of counties, autonomous counties, municipalities without districts and municipal districts shall be the registration authorities for individually-owned businesses (hereinafter referred to as the "Registration Authorities") to be responsible for the registration of individually-owned businesses within their jurisdictions.
Article 5 Registration Authorities may entrust their dispatched agencies to go through the formalities for registration of individually-owned businesses.
Chapter II Registration Items
Article 6 The registration items for individually-owned businesses include:
1. name and domicile of operator;
2. way of formation;
3. scope of business; and
4. place of business.
Where individually-owned businesses use names, then name shall be a registration item thereof.
Article 7 "Name and domicile of operator" refers to name of the citizen applying to register as individually-owned business and the detail address of his/her registered permanent residence.
Article 8 "Way of formation" includes individual operation and family operation.
In case of family operation, name of family members participating in the operation shall be simultaneously filed.
Article 9 "Scope of business" refers to the type of industry which the operation activities carried out by the individually-owned business.
The Registration Authorities shall according to the application of the applicant and with reference to the standards for types in the National Industrial Classification register the scope of business of the individually-owned businesses.
Article 10 "Place of business" refers to the detail address of the locality of the individually-owned business.
The place of business registered with the Registration Authorities by the individually-owned businesses may only be one place.
Article 11 Where individually-owned businesses apply for use of names, the case shall be handled in accordance with the Administrative Measures for the Registration of Names of Individually-owned Businesses.
Chapter III Registration Application
Article 12 In case of individual operation, the operator shall be the applicant; in case of family operation, the family member responsible for operation shall be the applicant.
In case of entrusting agents to apply for opening, change or cancellation of registration, the power of attorney issued by the applicant and the identity certification or qualifications certification of the agents shall be submitted.
Article 13 For application of the registration of individually-owned businesses, the applicant or its entrusted agent may directly register with the Registration Authorities at the locality of its place of business; where the Registration Authorities delegate their dispatched agencies to go through the formalities for registration of individually-owned businesses, the applicant or its entrusted agent may register with the dispatched agencies at the locality of its place of business.
The applicant or its entrusted agent may submit application to the Registration Authorities at the locality of its place of business by post, facsimile, electronic data exchange, email or other means.
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