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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION FOR ESTABLISHMENT, MODIFICATION OR CANCELLATION REGISTRATION CHAPTER III ACCEPTANCE, EXAMINATION OF APPLICATIONS AND APPROVAL OF REGISTRATION CHAPTER IV REVOCATION OF REGISTRATION AND CANCELLATION OF REGISTRATION CHAPTER V PUBLICITY AND OPENNESS OF REGISTRATION CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to regulating the registration acts of individual industrial and commercial households and to enhancing the work efficiency, the present Provisions are formulated in accordance with the Administrative License Law and the Interim Regulation on the Administration of Urban and Rural Individual Industrial and Commercial Households. Article 2. The present Provisions shall apply to the registration of establishment, modification and cancellation of individual industrial and commercial households. Article 3. The State Administration for Industry and Commerce shall be responsible for the administration of registration of individual industrial and commercial households of the whole country. The administrative bureaus for industry and commerce of the provinces, autonomous regions, or municipalities directly under the Central Government shall be responsible for the administration of registration of the individual industrial and commercial households within their respective administrative areas. The administrative bureaus for industry and commerce of the cities or counties, or the branches of the administrative bureaus for industry and commerce of large and medium cities shall be responsible for the registration of the individual industrial and commercial households within their respective jurisdictions. A registration organ may, in light of the circumstances, authorize an industrial and commercial office to handle the registration of individual industrial and commercial households. CHAPTER II APPLICATION FOR ESTABLISHMENT, MODIFICATION OR CANCELLATION REGISTRATION Article 4. Anyone who applies for being registered as an individual industrial and commercial household may submit its application by: (1) going to the industrial and commercial office of the place where the business place is located; (2) going to the registration place of the registration organ; or (3) letter, telegraph, telex, fax, electronic data exchange or e-mail. Where an application is filed in this way, the applicant shall, within 5 days after it sends out the application, submit the original application materials to the registration organ. Article 5. Anyone who applies for the establishment registration of an individual industrial and commercial household shall submit the following documents: (1) An application for the establishment registration of individual industrial and commercial household bearing the signature of the applicant; (2) An identification certification of the applicant; (3) A certification of the business site; and (4) Other documents required in the laws or regulations of the state. If the applicant is to undertake any business that shall be subject to the examination and approval of the relevant department(s) according to the laws or administrative regulations, he shall submit the approval documents issued by the pertinent department(s). Article 6. Anyone who applies for modifying the registration of an individual industrial and commercial household shall submit the following documents: (1) An application for the modification registration of individual industrial and commercial household bearing the signature of the applicant; (2) When applying for modifying the business site, he shall submit a certification of the new business site; and (3) Other documents required in the laws or regulations of the state. If the applicant is to undertake any business that shall be subject to the examination and approval of the relevant department(s) according to the laws or administrative regulations, he shall submit the approval documents issued by the pertinent department(s). Article 7. Anyone who applies for canceling the registration of an individual industrial and commercial household shall submit the following documents: (1) An application for the modification registration of individual industrial and commercial household bearing the signature of the applicant; and (2) Other documents required in the laws or regulations of the state. Article 8. Anyone who entrusts an agent to go through the establishment, modification or cancellation registration formalities shall submit to the registration organ a power of attorney of the applicant and an identification certification or qualification certification of the agent. Article 9. A registration organ shall, when possible, establish an individual industrial and commercial household registration website to facilitate the applicants to download the standard exemplary application, to submit the application materials, to consult the information about the registration of individual industrial and commercial households and the pertinent provisions on the administration of the registration of individual industrial and commercial households. CHAPTER III ACCEPTANCE, EXAMINATION OF APPLICATIONS AND APPROVAL OF REGISTRATION Article 10. After a registration organ receives the registration application submitted by an applicant, if the application materials are complete and meet the statutory requirements, it shall accept the application. If there is any error in the application materials and if the error may be corrected on the spot, the registration organ shall permit the applicant to correct it on the spot. If the application materials are incomplete or inconsistent with the statutory requirements, it shall, on the spot or within 5 days, inform the applicant of all the items that need to be supplemented or corrected. If the applicant has submitted all the supplemented or corrected application materials as required, the registration organ shall accept the application. Article 11. If the registration organ accepts a registration application, it shall issue an acceptance notice to the applicant. If a registration applicant doesn't meet the acceptance requirements, the registration organ shall reject it and shall issue to the applicant a rejection notice. Article 12. If the applying matters don't fall within the scope of registration of individual industrial and commercial households according to the laws, the registration organ shall make a decision of rejection immediately and give an explanation to the applicant. Article 13. If the application materials submitted by an applicant are complete and satisfy the statutory requirements, the registration organ shall handle the registration on the spot. According to the statutory requirements and procedures, if it is necessary to verify the substantial content of the application materials, the registration organ shall designate 2 or more personnel to conduct verification and to fill in the application materials verification report. Article 14. Except the on-the-spot registration, the registration organ shall decide on whether to approve the registration within 15 days from the day when it accepts a registration application. Article 15. Where the registration organ decides to approve the registration, it shall issue to the applicant an individual industrial and commercial household registration approval notice, and shall issue and serve the individual industrial and commercial household business license to the applicant within 10 days. If it decides to reject the registration, it shall issue to the applicant an individual industrial and commercial household registration rejection notice. CHAPTER IV REVOCATION OF REGISTRATION AND CANCELLATION OF REGISTRATION Article 16. Under any of the following circumstances, the registration organ that makes the individual industrial and commercial registration or its superior organ may revoke the registration of individual industrial and commercial household at the request of the interested party or according to its own functions: (1) If any of the functionaries of the registration organ approves the registration by abusing its power or neglecting its duties; (2) It approves the registration by exceeding its statutory functions; (3) It approves the registration by violating the statutory procedures; (4) It approves the registration of an applicant who is without application qualifications or doesn't meet the statutory requirements; or (5) Other circumstances that the registration may be revoked in accordance with the law. Where an applicant obtains the registration of individual industrial and commercial household by cheating, bribing or other improper means, the registration shall be revoked. Where the revocation of an individual industrial and commercial household registration under the provisions of the preceding two paragraphs may result in any serious damage to the public interests, the registration shall not be revoked. Article 17. Where the registration organ decides to revoke a registration, it shall issue to the original applicant a decision of revocation of individual industrial and commercial household. Article 18. Under any of the following circumstances, the registration organ shall handle the registration cancellation formalities of individual industrial and commercial household in pursuance of the law: (1) The business operator of an individual industrial and commercial household operated by an individual deceases or loses capacity to act; (2) An individual industrial and commercial household is revoked or its business license is withdrawn pursuant to law; (3) An individual industrial and commercial household is unable to carry out business operations due to any force majeure; or (4) Other circumstances provided in the laws or regulations that the registration of an individual industrial and commercial household shall be cancelled. Article 19. Where the registration organ decides to cancel the registration of an individual industrial and commercial household in accordance with Article 18 (1) of the present Provisions, it shall issue a decision on canceling the registration of individual industrial and commercial household to the heir or custodian of the original applicant. Where the registration organ decides to cancel the registration of an individual industrial and commercial household in accordance with Article 18 (2), (3) and (4) of the present Provisions, it shall issue a decision on canceling the registration of individual industrial and commercial household to the original applicant. CHAPTER V PUBLICITY AND OPENNESS OF REGISTRATION Article 20. The registration organ shall publicize the following items relating to the individual industrial and commercial household registration at its registration office and on its registration website: (1) The registration matters; (2) The basis for registration; (3) The registration conditions; (4) The procedures and time limit for registration; (5) The list of application materials and standard exemplary application; and (6) The standards and basis for registration fees. At the request of an applicant, the registration organ shall account for or give explanations about the contents publicized. Article 21. The registration organ shall provide the following materials of the individual industrial and commercial households that may be consulted by the general public: (1) The relevant materials about the establishment, modification and cancellation registration; (2) The relevant materials about the examination of business license; and (3) The relevant materials about administrative punishments. Article 22. No registration organ may publicize any individual industrial and commercial household registration material that involves state secret, commercial secret or personal privacy CHAPTER VI SUPPLEMENTARY PROVISIONS Article 23. The present Provisions shall come into effect as of August 1, 2004. |
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