Regulations on Promoting the Development of Individual Businesses

Decree of the State Council of the People's Republic of China

No. 755

The Regulation on Promoting the Development of Individual Industrial and Commercial Households, as adopted at the 190th executive meeting of the State Council on September 26, 2022, is hereby promulgated and shall come into force on November 1, 2022.

Premier Li Keqiang

1 October 2022

Regulations on Promoting the Development of Individual Businesses

Article 1 These Regulations are formulated in order to encourage, support and guide the healthy development of the individual economy, safeguard the legitimate rights and interests of individual industrial and commercial households, stabilize and expand employment in urban and rural areas, and give full play to the important role of individual industrial and commercial households in national economic and social development.

Article 2 These Regulations shall apply to citizens with business capabilities who engage in industrial and commercial operations within the territory of the People's Republic of China and are registered as individual industrial and commercial households in accordance with the law.

Article 3 The work of promoting the development of individual industrial and commercial households shall adhere to the leadership of the Communist Party of China, and give 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 the Constitution of the Communist Party of China.

Article 4 The individual economy is an important part of the socialist market economy, and individual industrial and commercial households are important market entities, playing an important role in prospering the economy, increasing employment, promoting entrepreneurship and innovation, and facilitating the lives of the people.

The state continues to deepen the reform of streamlining administration and delegating powers, combining decentralization and management, optimizing service reforms, optimizing the business environment, actively supporting, strengthening guidance, and standardizing in accordance with the law, so as to create favorable conditions for the healthy development of individual industrial and commercial households.

Article 5 The State applies the principle of equal market access and fair treatment to individual industrial and commercial households.

Article 6 Individual industrial and commercial households may operate by themselves or by families. The property rights, business autonomy and other legitimate rights and interests of individual industrial and commercial households are protected by law, and no unit or individual may infringe or illegally interfere.

Article 7 The State Council shall establish an inter-ministerial joint conference system for promoting 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 issues in the work of promoting the development of individual industrial and commercial households.

The market supervision and management department of the State Council shall, in conjunction with relevant departments, strengthen the macro guidance, comprehensive coordination, supervision and inspection of the work of promoting the development of individual industrial and commercial households.

Article 8 the relevant departments of the State Council, such as development and reform, finance, human resources and social security, housing and urban-rural construction, commerce, finance, taxation, market supervision and management, shall study and formulate policies and measures on tax and fee support, entrepreneurship support, vocational skills training, social security, financial services, registration, rights and interests protection, and do a good job in promoting the development of individual industrial and commercial households.

Article 9 the local people's governments at or above the county level shall incorporate the promotion of the development of individual industrial and commercial households into the national economic and social development plans at the corresponding level, formulate specific measures and organize their implementation in the light of the development of individual industrial and commercial households in their respective administrative regions, so as to provide support for the development of individual industrial and commercial households.

Article 10 The State shall strengthen the monitoring and analysis of the development status of individual industrial and commercial households, regularly carry out sampling surveys, monitoring statistics and activity analysis, and strengthen the collection, sharing and application of information on the development of individual industrial and commercial households.

Article 11 The registration authority of market entities shall provide individual industrial and commercial households with registration services that are compliant with laws and regulations, standardized and unified, open and transparent, convenient and efficient.

Article 12 The market supervision and management department of the State Council shall, in accordance with the development characteristics of individual industrial and commercial households, reform and improve the annual report system for individual industrial and commercial households, simplify the content, optimize the process, and provide simple and convenient annual report services.

Article 13 Individual industrial and commercial households may voluntarily change business operators or transform into enterprises. If a business operator is changed, it may directly apply to the market entity registration authority for registration of the change. Where 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 its business operator or transforms into an enterprise, it shall settle the taxes payable in accordance with the law, properly handle the original claims and debts, and shall not harm the legitimate rights and interests of others.

Article 14 The State shall strengthen the construction of a public service platform system for individual industrial and commercial households, and provide individual industrial and commercial households with information services such as laws and policies, market supply and demand, recruitment and employment, entrepreneurship training, and financial support.

Article 15 under the guidance of the market supervision and management department, the self-employed workers' association established according to law shall give full play to its role as a bridge and link, promote the party building of individual industrial and commercial households, provide services for individual industrial and commercial households, safeguard the legitimate rights and interests of individual industrial and commercial households, and guide the integrity and self-discipline of individual industrial and commercial households.

Individual industrial and commercial households voluntarily join individual workers' associations.

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 policies and measures against individual industrial and commercial households in terms of qualification licensing, project declaration, government procurement, bidding and bidding, etc. in violation of the provisions.

Article 17 the local people's governments at or above the county level shall, in the light of the actual situation of their respective administrative regions and in accordance with the industry type, business scale and business characteristics of individual industrial and commercial households, carry out classified cultivation and accurate assistance to 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 to 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 taxation 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 fiscal and tax support policies to ensure accurate and timely benefit to individual industrial and commercial households.

Article 21 The State shall promote the establishment and improvement of a credit evaluation system for individual industrial and commercial households, encourage 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 loans for 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 eligible individual industrial and commercial households.

Article 23 local people's governments at or above the county level shall improve policies to support entrepreneurship, support individual industrial and commercial households to participate in vocational skills training, and encourage all kinds of public employment service agencies to provide recruitment and employment 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 in engaging in business activities closely related to the daily life of residents in the community to meet the daily consumption needs of residents.

Article 25 The State shall guide and support 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 on individual industrial and commercial households on the platform, attach unreasonable conditions or charge unreasonable fees.

Article 26 The State shall strengthen the protection of the names, trademarks, patents, trade secrets and other 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 when formulating and implementing urban and rural construction planning, urban and traffic management, city appearance and environmental governance, industrial upgrading and other relevant policies and measures, local people's governments at or above the county level shall fully consider the business needs and practical difficulties of individual industrial and commercial households, and implement guidance and assistance.

Article 28 the people's governments at all levels shall, in the light of the actual situation, take timely relief and assistance measures for individual industrial and commercial households that have business difficulties due to natural disasters, accidents and disasters, public health incidents, social security incidents and other reasons.

Article 29 the government and its relevant departments shall, in accordance with the relevant provisions of the state, commend and reward the advanced models of individual industrial and commercial households, and constantly enhance the sense of honor of the operators of individual industrial and commercial households.

Article 30 No unit or individual may, in violation of laws and regulations and the relevant provisions of the State, collect fees or collect fees in disguised form from individual industrial and commercial households, expand the scope of fees or raise the standards of fees without authorization, raise funds or apportion funds from individual industrial and commercial households, or forcibly require individual industrial and commercial households to provide sponsorship or accept paid services.

No unit or individual may induce or force workers to register as individual industrial and commercial households.

Article 31 Organs, enterprises and institutions shall not require individual industrial and commercial households to accept unreasonable payment terms, methods, conditions and liability for breach of contract and other trading conditions, shall not default on the accounts of individual industrial and commercial households, and shall not disguise the arrears of accounts by forcing individual industrial and commercial bills of exchange 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 the number of individual industrial and commercial households and the annual reporting rate as performance evaluation indicators.

Article 33 Individual industrial and commercial households shall have the right to complain and report to the relevant departments for acts that violate the provisions of these regulations and infringe upon their legitimate rights and interests.

Local people's governments at or above the county level and their relevant departments shall unblock channels for complaints and reports, and handle them in a timely manner 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 perform their legal obligations in labor employment, safe production, food safety, occupational health, environmental protection, and fair competition.

For key areas involving public security and people's lives and health, the relevant administrative departments should strengthen supervision and management to maintain good market order.

Article 35 If an individual industrial and commercial household conducts business activities in violation of relevant laws and regulations, the relevant administrative department shall deal with it in accordance with the principle of combining education and punishment, and the principle of equal punishment.

Article 36 If the staff of the government and its relevant departments fail to perform or incorrectly perform their duties in promoting the development of individual industrial and commercial households, thus 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 responsibility shall be investigated according to law.

Article 37 Chinese citizens who are permanent residents of the Hong Kong Special Administrative Region and the Macao Special Administrative Region and residents of the Taiwan region may apply for registration as individual industrial and commercial households in accordance with the relevant provisions of the State.

Article 38 Provinces, autonomous regions and municipalities directly under the Central Government may, in the light of the actual conditions of their respective administrative regions, formulate specific measures for promoting the development of individual industrial and commercial households.

Article 39 These Regulations shall come into force on November 1, 2022. The Regulations on Individual Businesses shall be repealed at the same time.