Administrative Measures for the Registration of Individually-owned Business
Administrative Measures for the Registration of Individually-owned Business
Administrative Measures for the Registration of Individually-owned Business
Order of the State Administration for Industry and Commerce No.56
September 30, 2011
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Regulations on Individually-owned Business for the purposes of protecting the legitimate rights and interests of the individually owned business, encouraging, supporting and guiding the healthy development of the individually-owned business and regulating the administration on the registration of individually-owned business.
Article 2 Citizens with operation capacity may legally carry out operation activities upon registration with the industrial and commercial administration and obtaining the business license for individually-owned business.
Article 3 Opening, change or cancellation of registration of individually-owned business shall be handled in accordance with the Regulations on Individually-owned Business and these Measures.
In case of applying for handling of the registration of individually-owned business, the applicant shall be responsible for the authenticity of the application materials.
Article 4 The industrial and commercial administrations shall be the administrative authorities for the registration of individually-owned business.
The State Administration for Industry and Commerce shall be responsible for the nationwide administration of registration of individually-owned business.
The industrial and commercial administrations of all provinces, autonomous regions and municipalities directly under central government and the industrial and commercial administrative bureaus of municipalities (regions) with districts shall be responsible for the administration work of the registration of individually-owned business within their administrative areas.
The industrial and commercial administrative bureaus of counties, autonomous counties and municipalities without districts and the branches of the municipal industrial and commercial administrations shall be the registration authorities for individually-owned business (hereinafter the "Registration Authorities") to be responsible for the registration of individually-owned business.
Article 5 Registration Authorities may entrust their subordinated industrial and commercial administrative offices (hereinafter the "Industrial and Commercial Office") to go through the formalities for registration of individually-owned business.
Chapter II Registration Items
Article 6 The registration items for individually-owned business include:
1. Name and domicile of operator;
2. Way of formation;
3. Scope of business;
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" shall refer to name of the citizen applied 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" shall refer to the type of industry which the operation activities carried out by the individually-owned business.
The Registration Authorities shall in accordance with 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" shall refer 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, they shall be handled in accordance with the Measures for Administration of 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 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 subordinated Industrial and Commercial Offices to go through the formalities for registration of individually-owned businesses, the applicant or its entrusted agent may register with the Industrial and Commercial Offices 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 the place of business by post, facsimile, electronic data exchange, email or other means.
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