With the improvement of laws and regulations, the status quo of being undocumented and unlicensed will become even more unsustainable. Starting from October 1 this year (2017), the "Measures for the Investigation, Punishment and Banning of Unlicensed Business Operations" introduced in 2003 will be abolished and replaced by the latest "Measures for the Investigation and Punishment of Unlicensed Business Operations". Compared with the original, unlicensed businesses have also been included in the scope of the "Measures", and the most common industries without licenses are roadside vendors and small restaurants of a few square meters next to schools and transportation hubs.

How do the new measures stipulate this?

Article 3 of the "Measures":

The following business activities are not unlicensed operations. :

(1) Selling agricultural and sideline products and daily necessities at places and times designated by local people's governments at or above the county level, or individuals using their own skills to engage in convenience labor activities that do not require a license according to law;

(2) In accordance with the provisions of laws, administrative regulations, and decisions of the State Council, engage in business activities that do not require licensing or registration.

The vendors meet the above requirements, that is to say, as long as the vendors engage in business at the time and place designated by the local government, they do not have to run away even if they encounter C pipes.

However, for many small businesses with small stores, they do not fall into the above range, and the investigation and punishment will be increasingly intense.

Without a certificate or license, the risk is not small

Article 8 of the "Measures" says:

All departments must use information network platforms to strengthen information security * Enjoy, if any unlicensed and unlicensed operations that do not fall within the department’s investigation and handling responsibilities are discovered, the relevant departments should be notified in a timely manner.

In addition, Article 9 of the "Measures" also states:

Any unit or individual has the right to report unlicensed and unlicensed operations to the investigation and handling department.

In other words, if you operate without a license, you will always feel like you are surrounded by enemies on all sides, because anyone who comes to your store may be a "Jinyiwei".

Moreover, you usually have to swallow your anger as a human being, because you are afraid that if you offend someone, they may report you. After the report is completed, you still don’t know who did it. .

So what kind of punishment will you receive after being reported?

1. The inspector has the right to order you to stop relevant business activities;

2. The inspector Have the right to inspect and copy contracts, bills, account books, etc. related to suspected unlicensed operations;

3. Places suspected of engaging in unlicensed operations can be sealed;

4. Tools, equipment, raw materials, products (commodities) and other items suspected of being used in unlicensed operations can be sealed up and detained; 5. In serious cases, illegal gains will be confiscated and a fine of less than 10,000 yuan will be imposed. fine;

6. The investigation department may even record a bad credit record and make it public;

7. If you have a tough attitude and do not cooperate, the public security organs will intervene.

If you are caught, don’t make a fuss

It seems from the above 7 points that the punishment is quite severe, but there is no need to panic, as long as your attitude is good and the plot is good. If it's not bad, then there is still hope, and we can even continue to operate.

Article 10 of the "Measures" stipulates as follows:

The investigation and punishment department shall investigate and deal with unlicensed and unlicensed operations in accordance with the law and shall adhere to the principles of combining investigation and guidance, and combining punishment and education. , for those operators who meet the legal conditions for applying for licenses and have the intention to continue operating, they should be urged and guided to apply for corresponding licenses in accordance with the law.

So as long as we are nice and cooperative and agree to apply for a new "Individual Industrial and Commercial Business License", we can still continue to operate after that.

Follow the guidelines and apply for a business license

Required materials

1. "Application Form for Business Opening Registration of Individual Industrial and Commercial Households"

2. One one-inch color photo of the applicant

3. Original and copy of the applicant’s ID card

4. Proof of use of business premises

5. If approval is involved The industry needs to provide a copy of the relevant license or approval document

6. If the agency handles the application, the original and a copy of the person's ID card are required

"Application Form for Business Opening Registration of Individual Industrial and Commercial Households" 》You can download it from the website of the Industrial and Commercial Bureau, or you can go to the local Industrial and Commercial Bureau to pick it up.

If you apply for registration as a family business, all family members must sign in the operator's signature column of the "Application Form for Business Opening Registration of Individual Industrial and Commercial Households" for confirmation;

At the same time, you must also submit A copy of the resident household register or marriage certificate serves as proof of kinship among family members;

In addition, copies of the ID cards of all business family members are also required

As for the proof of use of business premises:

If you use your own premises as your business premises, you should submit a copy of the property rights certificate of your own premises;

If you rent another person's premises, you should submit a copy of the lease agreement and the property rights certificate of the premises. ;

If you are unable to submit the property rights certificate of the business location, you can submit relevant certificates issued by the market sponsor, various development zone management committees, and village neighborhood committees approved by the government to engage in business activities at the location.

After preparing the above materials, the applicant should bring all the materials to the industrial and commercial administrative department in the jurisdiction to apply for registration on working days.

Application process

1. Submit all materials;

2. After passing the review, the Industrial and Commercial Bureau will assign a unified social credit code;

3. After assigning the code, the Industrial and Commercial Bureau will print the approval notice;

4. The applicant will receive the approval notice and return and wait for information;

5. The Industrial and Commercial Bureau will transmit the approval notice to the tax authority Opening information and transmit relevant information to the quality inspection department;

6. Then the Industrial and Commercial Bureau prints the business license;

7. The applicant collects the license at the time specified on the notice.

The names of individual industrial and commercial households can use the words "factory", "store", "gallery", "department", "line", "center", "studio", etc., but "enterprise" is not allowed. , "company" and other words.

The application for the "Individual Industrial and Commercial Business License" is actually very fast. In some cities, it can even be completed in two or three working days. However, judging from the current situation in Beijing, due to the large population and high environmental pressure, the inspection Due to lack of manpower and other reasons, it takes about 20 working days to apply for an individual industrial and commercial business license in Beijing.

However, in many coastal cities, there are many cases where the photo can be taken as quickly as 3 working days (of course, in some inland cities, it is possible to get a photo by giving gifts and inviting people to eat, but there is no other way, so we will not discuss this situation for now) , but no matter how long it takes, compared with the risk of operating without a license, it is still worth spending time to get a license.

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