The State Council of the People's Republic of China Order
No. 755
The "Regulations on Promoting the Development of Individual Industrial and Commercial Households" has been passed at the 190th Executive Meeting of the State Council on September 26, 2022. It is now announced and will come into effect on November 1, 2022.
Prime Minister Li Keqiang
October 1, 2022
Regulations on Promoting the Development of Individual Industrial and Commercial Households
Article 1 In order to encourage, support and guide the healthy development of 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 national economic and social development, this regulation is formulated.
Article 2 If a citizen with business ability engages in industrial and commercial operations within the territory of the People's Republic of China and is registered as an individual industrial and commercial household in accordance with the law, this Regulation shall apply.
Article 3: Promoting the development of individual industrial and commercial households adheres to the leadership of the Communist Party of China, and give full play to the leading role of party organizations in the development of individual industrial and commercial households and the vanguard 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 Constitution of the Communist Party of China .
Article 4 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 country continues to deepen reforms in streamlining administration, delegating power, combining regulation and supervision, and optimizing services, optimize the business environment, actively support, strengthen guidance, and regulate in accordance with the law, and 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 business owners can operate individually or in family business. The legal rights and interests of individual industrial and commercial households are protected by law, and no unit or individual may infringe on or illegally intervene.
Article 7 The State Council establishes 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, strengthens macro-guidance, comprehensive coordination and supervision and inspection of the work of promoting the development of individual industrial and commercial households.
Article 8 The State Council’s development and reform, finance, human resources and social security, housing and urban-rural development, commerce, finance, taxation, market supervision and management and other relevant departments shall study and formulate policies and measures in tax and fee support, entrepreneurship support, vocational skills training, social security, financial services, registration, rights protection, etc. within their respective responsibilities, 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 include the promotion of the development of individual industrial and commercial households in the national economic and social development plan at the same level, formulate specific measures and organize implementation in light of the development of individual industrial and commercial households in their administrative regions, and 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, regularly conducts sampling surveys, monitoring statistics and activity analysis, and strengthens the collection, sharing and application of development information of individual industrial and commercial households.
Article 11 The market entity registration authority shall provide individual industrial and commercial households with legal compliance, standardized and unified, open and transparent, convenient and efficient registration services.
Article 12 The market supervision and administration department of the State Council shall reform and improve the annual report system for individual industrial and commercial households based on the development characteristics of individual industrial and commercial households, simplify content and optimize processes, and provide simple and convenient annual report services.
Article 13 Individual industrial and commercial households may voluntarily change operators or transform into enterprises. If the operator changes, you can directly apply to the market entity registration authority for change registration. If relevant administrative licensing is involved, the administrative licensing department shall 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 the operator or transforms into an enterprise, it shall settle the taxes that should be paid according to law, and properly handle the original creditors and debts, and shall not damage the legitimate rights and interests of others.
Article 14 The state strengthens the construction of the public service platform system for individual industrial and commercial households, and provides individual industrial and commercial households with information services such as legal policies, market supply and demand, recruitment of employees, entrepreneurship training, and financial support.
Article 15 Under the guidance of the market supervision and management department, the individual workers association established in accordance with the law will give full play to the role of a bridge and link, 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 to be honest and self-disciplined.
Individual business owners voluntarily join the individual 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 formulate or implement discriminatory policy measures against individual industrial and commercial households in terms of qualification licenses, project declaration, government procurement, bidding, etc. in violation of regulations.
Article 17 Local people's governments at or above the county level shall, based on the actual situation of their administrative regions, implement classified cultivation and precise assistance to individual industrial and commercial households based on the industry type, business scale, business characteristics, etc. of 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 shall give full play to the role of various funds and provide financial support for individual industrial and commercial households in entrepreneurship and innovation, loan financing, vocational skills training, etc.
Article 20 The state implements fiscal and tax 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 shall strictly implement relevant financial and tax support policies to ensure accurate and timely benefits 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, expand the scale and coverage of individual industrial and commercial households, and improve the accuracy and convenience of loans.
Article 22 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 individual industrial and commercial households who meet the conditions.
Article 23 Local people's governments at or above the county level shall improve entrepreneurship support policies, support individual industrial and commercial households to participate in vocational skills training, and encourage various public employment service institutions to provide recruitment 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 to engage in business activities closely related to residents' daily lives in the community, and 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 shall provide support for the online operation 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 impose unreasonable restrictions, attach unreasonable conditions or charge unreasonable fees on individual industrial and commercial households on the platform.
Article 26 The state increases the protection of the font size, trademark, patent, commercial secret rights of individual industrial and commercial households.
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 Local people's governments at or above the county level shall formulate and implement urban and rural construction planning and relevant policies and measures such as urban and traffic management, urban appearance and environmental governance, and industrial upgrading, and 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 promptly take relief and assistance measures based on actual conditions for individual industrial and commercial households who have suffered business difficulties due to natural disasters, accidents, public health incidents, social security incidents, etc.
Article 29 The government and its relevant departments shall commend and reward advanced models of individual industrial and commercial households in accordance with relevant national regulations, and continuously enhance the sense of honor of individual industrial and commercial operators.
Article 30 No unit or individual shall charge or charge fees to individual industrial and commercial households in disguise in violation of laws, regulations and relevant national regulations, shall not expand the scope of charging or raise the charging standards without authorization, shall not raise funds or pay levies from individual industrial and commercial households, and shall not forcibly require 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 business households.
Article 31 Government agencies, enterprises and institutions shall not require individual industrial and commercial households to accept unreasonable payment terms, methods, conditions and breach of contract liability and other transaction conditions, shall not default on the accounts of individual industrial and commercial households, nor shall they default on the accounts of individual industrial and commercial households in disguise by forcing individual industrial and commercial households to accept commercial bills and other non-cash payment methods.
Article 32 Local people's governments at or above the county level shall improve the development quality of individual industrial and commercial households, and shall not use the growth rate of individual industrial and commercial households in the number of individual industrial and commercial households as performance evaluation indicators.
Article 33 Individual industrial and commercial households have the right to complain or report to relevant departments for acts that violate the provisions of these regulations and infringe on their legitimate rights and interests.
Local people's governments at or above the county level and their relevant departments shall open up channels for complaints and reporting and promptly deal with them 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 fulfill their legal obligations in labor employment, production safety, food safety, occupational hygiene, environmental protection, fair competition, etc.
For key areas involving public safety and people's lives and health, relevant administrative departments should strengthen supervision and management to maintain good market order.
Article 35 If an individual industrial and commercial household violates relevant laws and regulations in conducting business activities, the relevant administrative departments shall deal with it in accordance with the principle of combining education and punishment and equivalent punishment.
Article 36 If the staff of the government and its relevant departments fail to perform or perform their duties in the work of promoting the development of individual industrial and commercial households, harming the legitimate rights and interests of individual industrial and commercial households, and causing serious consequences, they shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 37 Chinese citizens among the permanent residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region and Taiwan residents may apply for registration as individual business owners 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 situation of their administrative regions.
Article 39 This Regulation shall come into force on November 1, 2022. The " Individual Industrial and Commercial Regulations " is also abolished.
Source｜Hebei Provincial Market Supervision Bureau
