Heavy! The State Council promulgated the "Measures for the investigation and punishment of unlicensed and unlicensed business".
The State Council Order No. 684 of the People's Republic of China is hereby promulgating the Measures for the Investigation and Treatment of Unlicensed Unlicensed Business, which will take effect on October 1, 2017.
Premier Li Keqiang
On August 6, 2017, unlicensed and unlicensed business investigation and handling methods
Article 1 These Measures are formulated in order to maintain the socialist market economic order, promote fair competition, and protect the legitimate rights and interests of operators and consumers.
Article 2 No unit or individual may engage in unlicensed and unlicensed operations in violation of laws, regulations, and decisions of the State Council.
Article 3 The following business activities are not unlicensed and unlicensed:
(1) Selling agricultural and sideline products, daily necessities, or individuals using their own skills to engage in convenient labor services without legal permission at the place and time designated by the local people's government at or above the county level;
(2) Engage in business activities that do not require permission or registration in accordance with the provisions of laws, administrative regulations, and decisions of the State Council.
Article 4 The local people's government at or above the county level shall be responsible for organizing and coordinating the investigation and punishment of unlicensed and unlicensed operations in its administrative region, and establishing a working mechanism for the investigation and punishment of unlicensed and unlicensed operations of the relevant departments.
Article 5 If an operator fails to obtain permission to engage in business activities in accordance with the law, it shall be investigated and dealt with by the departments stipulated by laws, regulations, and decisions of the State Council; if the laws, regulations, and decisions of the State Council do not stipulate or the provisions are unclear, the people's government of the province, autonomous region, or municipality directly under the Central Government shall determine The department will investigate and deal with it.
Article 6 If an operator fails to obtain a business license to engage in business activities in accordance with the law, the department that performs the duties of industrial and commercial administration (hereinafter referred to as the administrative department for industry and commerce) shall investigate and deal with it.
Article 7 If an operator fails to obtain permission in accordance with the law and fails to obtain a business license to engage in business activities in accordance with the law, it shall be investigated and punished in accordance with the provisions of Article 5 of these Measures.
Article 8 The administrative departments for industry and commerce and the departments specified by laws, regulations, and decisions of the State Council and the departments determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter collectively referred to as the investigation and punishment departments) shall perform their duties according to law, cooperate closely, and use information network platforms to enhance information sharing. If it is found that there is no license and unlicensed operation that is not the responsibility of the department, it shall promptly notify the relevant departments.
Article 9 Any unit or individual has the right to report unlicensed and unlicensed operations to the investigation department.
The investigation department shall publicly accept the telephone number, mail box or e-mail address of the report, and arrange for the personnel to accept the report and handle it according to law. If the real name is reported, the investigation department shall inform the handling result and keep the reporter confidential.
Article 10 The department in charge of investigation shall investigate and deal with the unlicensed and unlicensed operation according to law, and shall adhere to the principle of combining investigation and guidance, and combining punishment with education. If there is a statutory condition for the license and the operator has the willingness to continue to operate, it shall supervise and guide it. Handle the corresponding license according to law.
Article 11 The administrative department for industry and commerce of the people's government at or above the county level may investigate and deal with suspected unlicensed operations and may exercise the following powers:
(1) ordering to stop relevant business activities;
(2) Investigating and understanding the relevant information to the units and individuals involved in the alleged unlicensed operation;
(3) Performing on-site inspections at places suspected of engaging in unlicensed operations;
(4) to inspect and copy the contracts, bills, account books and other relevant materials related to the alleged unlicensed business.
The places suspected of engaging in unlicensed operations may be sealed up; the tools, equipment, raw materials, products (goods) and other items suspected of being used for unlicensed operations may be sealed up and seized.
Investigate and deal with suspected unlicensed operations and take measures in accordance with the relevant laws and regulations.
Article 12 Where a person engages in unlicensed business, the department in charge of investigation shall impose penalties in accordance with the provisions of relevant laws and regulations.
Article 13 Anyone who engages in unlicensed business shall be punished by the administrative department for industry and commerce in accordance with the provisions of relevant laws and administrative regulations. Where the laws and administrative regulations do not clearly stipulate the punishment for unlicensed operation, the administrative department for industry and commerce shall order it to stop the illegal act, confiscate the illegal income, and impose a fine of not more than 10,000 yuan.
Article 14 If it is known that it is an unlicensed operation and provides business premises for the operator, or provides conditions for transportation, storage, warehousing, etc., the administrative department for industry and commerce shall order it to stop the illegal act and confiscate the illegal income, and may impose a fine of not more than 5,000 yuan.
Article 15 Any unit or individual engaged in unlicensed and unlicensed business shall be credited to the credit record by the department in charge of investigation and shall be publicized in accordance with the provisions of relevant laws and regulations.
Article 16 If the nuisance investigation department investigates and deals with unlicensed and unlicensed operations and constitutes a violation of public security management, the public security organ shall impose penalties in accordance with the provisions of the Law of the People's Republic of China on Public Security Administration Punishment.
Article 17 If the department in charge of investigation and its staff abuse their powers, neglect their duties, or engage in malpractices for personal gains, the responsible leaders and directly responsible persons shall be given disciplinary sanctions according to law.
Article 18 Whoever violates the provisions of these Measures and constitutes a crime shall be investigated for criminal responsibility according to law.
Article 19 These Measures shall come into force on October 1, 2017. The Measures for the Investigation and Punishment of Unlicensed Businesses promulgated by the State Council on January 6, 2003 shall be abolished at the same time.
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