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Order of the State Council of the People's Republic of China

No. 755

The "Regulations on Promoting the Development of Individual Industrial and Commercial Households" was adopted at the 190th executive meeting of the State Council on September 26, 2022, and is hereby announced and will come into effect on November 1, 2022.

Prime Minister   Li Keqiang

October 1, 2022

Excerpt:

Article 26: The state strengthens the protection of individual industrial and commercial households’ rights such as trade names, trademarks, patents, and trade secrets.

The state encourages and supports individual industrial and commercial households to improve the level of creation and application of intellectual property rights and enhance market competitiveness.

Regulations on promoting the development of individual industrial and commercial households

Article 1 These Regulations are formulated in order to encourage, support and guide the healthy development of the individual economy, safeguard the legitimate rights and interests of individual industrial and commercial households, stabilize and expand urban and rural employment, and give full play to the important role of individual industrial and commercial households in the development of the national economy and society.

Article 2 These regulations shall apply to citizens with business capabilities who engage in industrial and commercial operations within the territory of the People's Republic of China and register as individual industrial and commercial households in accordance with the law.

Article 3 Uphold the leadership of the Communist Party of China in promoting the development of individual industrial and commercial households, and give full play to the leading role of party organizations in the development of individual industrial and commercial households and the pioneering and exemplary role of party members.

Party organizations and party members in individual industrial and commercial households carry out party activities in accordance with the provisions of the Constitution of the Communist Party of China.

Article 4 The individual economy is an important part of the socialist market economy. Individual industrial and commercial households are important market entities and play an important role in prospering the economy, increasing employment, promoting entrepreneurship and innovation, and facilitating people's lives.

The state continues to deepen the reform of streamlining administration and delegating power, combining delegation and regulation, optimizing services, optimizing the business environment, actively supporting, strengthening guidance, and regulating in accordance with the law to create favorable conditions for the healthy development of individual industrial and commercial households.

Article 5: The state implements the principles of equal market access and fair treatment for individual industrial and commercial households.

Article 6 Individual industrial and commercial households may operate individually or as a family. The property rights, operational autonomy and other legitimate rights and interests of individual industrial and commercial households are protected by law, and no unit or individual may infringe or illegally interfere.

Article 7 The State Council shall establish an inter-ministerial joint meeting system to promote the development of individual industrial and commercial households, study and promote the implementation of major policies and measures to promote the development of individual industrial and commercial households, and coordinate major matters in promoting the development of individual industrial and commercial households.

The market supervision and administration department of the State Council, together with relevant departments, will strengthen macro guidance, comprehensive coordination, supervision and inspection on promoting the development of individual industrial and commercial households.

Article 8 The development and reform, finance, human resources and social security, housing and urban-rural construction, commerce, finance, taxation, market supervision and management and other relevant departments of the State Council shall study and formulate tax support, entrepreneurship support, vocational skills training, and social security within the scope of their respective responsibilities. , financial services, registration, rights protection and other aspects of policies and measures, and do a good job in promoting the development of individual industrial and commercial households.

Article 9 Local people's governments at or above the county level shall incorporate the promotion of the development of individual industrial and commercial households into the national economic and social development plans at the same level, formulate specific measures based on the development situation of individual industrial and commercial households in their respective administrative regions and organize their implementation to provide support for the development of individual industrial and commercial households.

Article 10 The state strengthens the monitoring and analysis of the development status of individual industrial and commercial households, conducts regular sampling surveys, monitoring statistics and activity analysis, and strengthens the collection, sharing and application of individual industrial and commercial household development information.

Article 11 The market entity registration authority shall provide individual industrial and commercial households with registration services that are compliant with law, standardized and unified, open and transparent, convenient and efficient.

Article 12 The market supervision and administration department of the State Council shall, based on the development characteristics of individual industrial and commercial households, reform and improve the annual reporting system for individual industrial and commercial households, simplify the content, optimize the process, and provide simple and convenient annual reporting services.

Article 13 Individual industrial and commercial households may voluntarily change operators or transform into enterprises. If you change your operator, you may apply directly to the market entity registration authority for change registration. When it comes to relevant administrative licensing, the administrative licensing department should simplify the procedures and provide convenience for individual industrial and commercial households in accordance with the law.

If an individual industrial and commercial household changes its operator or transforms into an enterprise, it shall settle the taxes payable according to law, properly handle the original claims and debts, and shall not damage the legitimate rights and interests of others.

Article 14 The state strengthens the construction of a public service platform system for individual industrial and commercial households to provide information services such as legal policies, market supply and demand, recruitment and employment, entrepreneurship training, and financial support for individual industrial and commercial households.

Article 15 The self-employed workers' associations established in accordance with the law, under the guidance of the market supervision and management department, give full play to their role as bridges and links, promote the party building of individual industrial and commercial households, provide services to individual industrial and commercial households, safeguard the legitimate rights and interests of individual industrial and commercial households, and guide individual industrial and commercial households. Be honest and self-disciplined.

Individual industrial and commercial households voluntarily join the Self-employed Workers Association.

Article 16 When formulating relevant policies and measures, the government and its relevant departments shall fully listen to the opinions of individual industrial and commercial households and relevant industry organizations, and shall not violate regulations in respect of individual industrial and commercial households in terms of qualification licensing, project declaration, government procurement, bidding, etc. Formulate or implement discriminatory policies and measures.

Article 17 The local people's governments at or above the county level shall, in light of the actual conditions of their respective administrative regions and based on their industry types, business scale, business characteristics, etc., carry out classified cultivation and targeted assistance to individual industrial and commercial households.

Article 18 Local people's governments at or above the county level shall take effective measures to increase the supply of business premises for individual industrial and commercial households and reduce the cost of using business premises.

Article 19 The state encourages and guides venture capital institutions and social funds to support the development of individual industrial and commercial households.

Local people's governments at or above the county level should give full play to the role of various funds to provide financial support for individual industrial and commercial households in entrepreneurship and innovation, loan financing, and vocational skills training.

Article 20: The state implements fiscal and taxation policies that are conducive to the development of individual industrial and commercial households.

Local people's governments at or above the county level and their relevant departments should strictly implement relevant fiscal and taxation support policies to ensure accurate and timely benefits to individual industrial and commercial households.

Article 21 The state promotes the establishment and improvement of the credit evaluation system for individual industrial and commercial households, encourages financial institutions to develop and provide financial products and services suitable for the development characteristics of individual industrial and commercial households, expands the scale and coverage of loans to individual industrial and commercial households, and improves the accuracy and convenience of loans. Spend.

Article 22 The local people's governments at or above the county level shall support individual industrial and commercial households to participate in social insurance and provide corresponding support to qualified individual industrial and commercial households.

Article 23 Local people's governments at or above the county level shall improve entrepreneurship support policies, support individual industrial and commercial households in participating in vocational skills training, and encourage various public employment service agencies to provide recruitment and employment services for individual industrial and commercial households.

Article 24 Local people's governments at or above the county level shall, in conjunction with the construction of urban and rural community service systems, support individual industrial and commercial households in engaging in business activities closely related to residents' daily lives in the community to meet residents' daily consumption needs.

Article 25 The state guides and supports individual industrial and commercial households to accelerate digital development and realize integrated online and offline operations.

Platform operators should provide support for the online operations of individual industrial and commercial households in terms of entry conditions, service rules, charging standards, etc., and shall not use service agreements, platform rules, data algorithms, technology and other means to conduct unreasonable actions on individual industrial and commercial households on the platform. Restrictions, additional unreasonable conditions or unreasonable fees.

Article 26: The state strengthens the protection of individual industrial and commercial households’ rights such as trade names, trademarks, patents, and trade secrets.

The state encourages and supports individual industrial and commercial households to improve the level of creation and application of intellectual property rights and enhance market competitiveness.

Article 27 When local people's governments at or above the county level formulate and implement urban and rural construction plans, urban and traffic management, city appearance and environmental management, industrial upgrading and other related policies and measures, they shall fully consider the business needs and practical difficulties of individual industrial and commercial households, and implement guidance and assistance.

Article 28 People's governments at all levels shall take timely relief and assistance measures based on the actual situation for individual industrial and commercial households that have operating difficulties due to natural disasters, accidents, public health incidents, social security incidents, etc.

Article 29 The government and its relevant departments shall, in accordance with relevant national regulations, commend and reward advanced models of individual industrial and commercial households, and continuously enhance the sense of honor of individual industrial and commercial household operators.

Article 30: No unit or individual may, in violation of laws, regulations and relevant national provisions, charge fees to individual industrial and commercial households or charge fees in disguised form, may not expand the scope of charges or raise charging standards without authorization, may not collect funds or apportion from individual industrial and commercial households, and may not force individual industrial and commercial households to Provide sponsorship or receive paid services.

No unit or individual may induce or force workers to register as individual industrial and commercial households.

Article 31 Government agencies, enterprises and institutions shall not require individual industrial and commercial households to accept unreasonable payment terms, methods, conditions, liability for breach of contract and other transaction conditions, shall not default on the accounts of individual industrial and commercial households, and shall not force individual industrial and commercial households to accept commercial bills of exchange. Other non-cash payment methods are disguised as defaults on accounts.

Article 32 Local people's governments at or above the county level shall improve the quality of development of individual industrial and commercial households, and shall not use the growth rate of the number of individual industrial and commercial households, annual reporting rate, etc. as performance evaluation indicators.

Article 33 Individual industrial and commercial households have the right to complain and report to relevant departments any behavior that violates the provisions of these regulations and infringes upon their own legitimate rights and interests.

Local people's governments at or above the county level and their relevant departments should open channels for complaints and reports, and handle them in a timely manner in accordance with the law.

Article 34 Individual industrial and commercial households shall operate in accordance with the law, be honest and trustworthy, and consciously perform their legal obligations in labor and employment, production safety, food safety, occupational health, environmental protection, fair competition, etc.

For key areas involving public security and people's lives and health, relevant administrative departments should strengthen supervision and management to maintain good market order.

Article 35 If individual industrial and commercial households carry out business activities in violation of relevant legal provisions, the relevant administrative departments shall deal with them in accordance with the law in accordance with the principle of combining education with punishment and proportionality of punishment.

Article 36 If any staff member of the government or its relevant departments fails to perform or performs their duties incorrectly in promoting the development of individual industrial and commercial households, harms the legitimate rights and interests of individual industrial and commercial households, and causes serious consequences, they shall be punished in accordance with the law and regulations; if it constitutes a crime, Investigate criminal liability in accordance with the law.

Article 37 Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region and Macao Special Administrative Region, and residents of Taiwan Area may apply for registration as individual industrial and commercial households in accordance with relevant national regulations.

Article 38 Provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific measures to promote the development of individual industrial and commercial households based on the actual conditions of their respective administrative regions.

Article 39 These regulations will come into effect on November 1, 2022. The "Regulations on Individual Industrial and Commercial Households" will be abolished at the same time.

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