Order of the State Council on Promulgating the Measures for Investigating, Punishing and Banning Unlicensed Business Operations
Order of the State Council on Promulgating the Measures for Investigating, Punishing and Banning Unlicensed Business Operations
Order of the State Council on Promulgating the Measures for Investigating, Punishing and Banning Unlicensed Business Operations
Order of the State Council [2002] No. 370
January 6, 2003
The Measures for Investigating, Punishing and Banning Unlicensed Business Operations was adopted at the 67th executive meeting of the State Council on December 18, 2002. It is hereby promulgated and shall be implemented as of March 1, 2003.
Premier: Zhu Rongji
Appendix: Measures for Investigating, Punishing and Banning Unlicensed Business Operations
Article 1 In order to maintain the socialist market economic order, promote fair competition, and protect the legitimate rights and interests of business operators and consumers, the Measures is hereby enacted.
Article 2 Any entities or individuals shall not violate the provisions of laws and regulations for unlicensed business operations.
Article 3 As to the business operations concerning human health, public security, safety production, environmental protection, exploitation and utilization of natural resources, which need license, examination and approval in accordance with laws and regulations, the licensing and approving department shall conduct examination and approval stringently pursuant to the conditions and procedures stipulated in said laws and regulations. The administrative departments for industry and commerce shall conduct the registration procedures, verify and issue the business licenses based on the permits or other approved documents issued by the licensing and approving department.
Article 4 The administrative departments for industry and commerce shall investigate and punish the following illegal acts pursuant to the Measures:
1. unlicensed business operation undertaken by those who shall have obtained the permit or other approved documents and business license in accordance with law;
2. unlicensed business operation undertaken by those who do not need the permit or other approved documents to obtain the business license but have not obtained said license in accordance with law;
3. unlicensed business operation undertaken by those who have obtained the permit or other approved documents legally but have not obtained the business license in accordance with law;
4. unlicensed business operation continued by those who have canceled their registration or whose business license has been revoked, and by those who have not reregistered in accordance with law after the expiration of said license;
5. illegal business operation undertaken by those who exceed the scope of operation of charter or who engage in business operation that needs the permit or other approved documents without authorization.
Illegal acts stipulated in the immediate Item 1 and 5 of this article shall be investigated and punished by the departments of public security, land and resources, construction, culture, health, quality inspection, environmental protection, press and publication, drug administration, safety production, and other licensing and approving departments (hereinafter referred to as the licensing and approving departments) pursuant to the duties stipulated in laws and regulations.
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