Provisional Regulations of the PRC private enterprises

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General Provisions Article Article Article Article Article Article Article VII of Chapter II Article VIII Article IX Article X Article XI Chapter twelve Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Chapter IV Article 22, Article 21, Article XX thirteen Article 24 Article 25 Article 26 Chapter V Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Chapter VI Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Article 39 Article 40 of Chapter VII of Article 42 Article 43 Article 44 Article 45 Article 46 Article 47 of Chapter VIII of the abolition of Article 48 Expand General Provisions Article Edit this paragraph in order to encourage and guide private healthy development, protect the legitimate interests of the private sector, strengthen supervision and management, and prosperous socialist planned commodity economy, the enactment of this Ordinance. Article 2 The term refers to the private sector is privately owned enterprise assets, more than 8 employees-profit economic organization. Article private economy is a socialist public economy. State protects the lawful rights and interests of private enterprises. The private sector at the national laws, regulations and policies within the scope of business activities. Article private sector workers right to organize trade unions. Workers' legitimate rights and interests protected by state laws. Article 5 The private can set up private enterprise association. Edit this paragraph Chapter II Article private enterprise into the following three categories: (a) owned enterprises; (two) partnership; (three) limited liability company. Article VII refers to a person owned enterprise investment management business. Investor-owned enterprises unlimited liability for corporate debt. Article VIII partnership is two or more persons in accordance with the agreed investment, joint operations, profits and losses of the enterprise. Partnership should have a written agreement. Partners jointly and severally liable for the corporate debt unlimited liability. Article IX, LLC is an investor to their contribution to the company responsible for the company all its assets to the company liable for the debts of the enterprise. Limited liability company shall meet the following requirements: (a) company name indicate limited liability company or Limited words; (two) in compliance with the provisions of this Ordinance, the Articles of Association; (three) investors shall from 2 to 30; ( four) registered capital verification certificate obtained lawful; (five) transfers of capital investors should obtain the consent of other investors, investors is more, the need to obtain the consent of more than half of the investors; (six) registered capital shall not be reduced ; (seven) shall not issue shares to the public. Limited liability company more than 30 investors, the administrative authorities for industry and commerce shall report specially after approval may only apply for registration. Tenth of a limited liability company legally obtained legal personality. Edit this paragraph Chapter III Article 11 The following persons may apply for establishing a private enterprise: (a) rural villagers; (two) urban unemployed; (three) individual industrial and commercial households; (four) resignation, retirement persons; (five ) national laws, regulations and policies allow retirees and other personnel. Article XII of the private sector in national laws, regulations and policies of the range, engaged in industry, construction, transportation, commerce, catering, services, repair and technology consulting industry, production and management. Private enterprise shall not be engaged in military production and operation of the financial sector, can not produce products prohibited by the State. Article XIII apply for establishing a private enterprise shall meet the following conditions: (a) the scale of production and operation and services adapted to funds and employees; (two) fixed premises and necessary equipment; (three) in line with national laws and regulations and policies of the operating range. Article XIV limited liability company shall include the following items: (a) the name and domicile; (two) the purpose of establishing the company and business scope; (three) registered capital and the amount of contribution of each investor; (four) Investors The name, address and investor rights and obligations; (five) company organization; (six) conditions for dissolution of the company; (seven) investors transfer their investment conditions; (eight) profit distribution and loss sharing approach; ( nine) procedures for amending the Articles of Association; (ten) other matters need to be prescribed. Article 15 When applying establishing a private enterprise, must hold the relevant documents to the administrative department for industry and commerce where the enterprise registration, business license issued by the approved business only. Article XVI private enterprise division, merger, transfer, migration, and changing business scope shall be submitted to the administrative department for industry and commerce alteration registration or re-registration. Article XVII private enterprise out of business, it should be closed from the 30th to the industrial and commercial administrative authorities to apply for cancellation of registration after approval. Private companies out of business, shall carry out liquidation, debt repayment. Article XVIII private enterprise bankruptcy, liquidation shall be carried out, debt repayment, the specific measures shall be formulated. Article XIX have the legal conditions for the private sector shall handle the registration, change of registration and cancellation of registration, in accordance with the "PRC Enterprise Legal Person Registration Management Regulations" provisions. Edit this paragraph Chapter IV Article XX private investor legally entitled to ownership of the property, its property can be inherited according to law. Twenty-one private enterprise in production and business activities have the following rights: (a) approved the registration of the name in the specified range exclusive right; (two) in the range of approved and registered to operate independently; (three) deciding the institutional settings, hire or dismiss employees; (four) deciding the salary system and forms of profit distribution; (five) in accordance with the national price regulations, the development of enterprise commodity prices and charges; (six) contract; (seven) application patents,2013 Football Boots Soccer Cleats ShoesAdidas AdiPURE IV TRX FG White Silver , trademarks. Twenty-two private companies in accordance with national laws and regulations, can be with foreign companies, enterprises and other economic organizations or individuals foreign joint ventures, Sino-foreign cooperative enterprises can contract processing, sample processing, incoming assembly, compensation trade. Article 23 of the private sector in production and business activities, shall perform the following duties: (a) comply with national laws, regulations and policies; (two) tax law: (three) subject to national supervision and management of the relevant authorities. Article 24 shall be in the private sector banks or other financial institutions in accordance with relevant state regulations to open an account. Meet the specified conditions, can apply for a loan. Article 25 In addition to national laws and regulations herein, any unit not in any way claim the private sector to provide financial resources, special forces, human. Assessed for the private sector, the private sector the right to refuse to provide industrial and commercial administrative authorities have the power to stop them. Twenty-six private sector "business license" or "business license" except industrial and commercial administrative organs in accordance with legal procedures may withhold or cancel it, not to be withheld or revoked. Edit this paragraph of Article 27 Chapter hire workers in the private sector must be equality, the principle of consensus in writing and signed labor contracts, to determine the parties' rights and obligations. Private employment contract shall notify the local labor administration authorities. Article 28 A labor contract shall include the following; (a) employees to work on the quality and quantity requirements; (b) the term of the contract; (three) working conditions; (four) for labor, insurance and benefits; (five) labor discipline; (six) violation of the labor contract shall bear the responsibility; (seven) other matters agreed by the parties. Article 29 private labor disputes occurred, refer to "state enterprise labor dispute Interim Provisions" treatment. Article 30 The private enterprise must implement the provisions of the relevant national labor protection, the establishment of the necessary rules and regulations, to provide labor safety, sanitation, protection of workers' safety and health. The private sector to engage in relationship to human health and life safety industry or trades workers, must be in accordance with state regulations to the insurance companies. Private enterprise, should apply for social insurance for workers. Article 31 of the private sector to implement eight hour working day. Article 32 The private sector may hire child labor under the age of 16. Article 33 The private sector trade unions to represent workers sign a collective contract with the enterprise, according to the law to protect the legitimate rights and interests of workers, to support the production and business activities. Edit this paragraph Article 34 of Chapter VI of the private sector must receive the "business license" or "business license" within thirty days, to the local tax authorities for tax registration. Article 35 The private sector must be in accordance with national regulations and financial accounting requirements of the tax authorities, financial and accounting system, with accountants, to establish accounting books, financial statements sent to strictly comply with tax obligations, tax authorities to accept the supervision and inspection. Article 36 The private enterprise director (manager or chairman) of the wages of workers in this enterprise can be ten times less than the average wage determined. Article 37 The private enterprise income tax, in accordance with the "Provisional Regulations of the PRC income tax of private" and relevant regulations. Article 38 private after-tax profit for the productive development fund shall not be less than 50%, due to special reasons, this case is less than 50% of cases, shall be subject to the tax authority. Private sector development funds can be used for the production of expanded reproduction of the enterprise, investing in other enterprises, repayment of loans or compensate losses of the enterprise. Used for other purposes, subject to the tax authority. Article 39 private investors, wage income and profit after tax proceeds shall be allocated by law to pay personal income tax adjustment. Edit this paragraph Article 40 of Chapter VII of industrial and commercial administrative authorities shall strengthen the administration and supervision of the private sector to protect legitimate business, investigate and deal with illegal business activities. The relevant industry competent authorities shall, in accordance, production and business activities of the private sector business guidance, help and management. Article 41 of the private sector, one of the following acts by the administrative department for industry and commerce under the circumstances, were given a warning, fines, confiscation of illegal gains, ordered to suspend business for rectification, revoke "business license" penalties: (a) registration concealing truth, fraud or unauthorized registration unauthorized opening; (two) beyond the scope of approved and registered business engaged in business activities or is not required to register the changes, re-registration, cancellation of registration; (three) forge, alter, rent, transferring, selling or unauthorized copying "business license"; (four) engaged in illegal business activities. Obtain legal personality of the private sector violate the registration requirements, according to "People's Republic of corporate registration regulations" shall be punished. Article 42 The private sector has the following acts by the labor administration authorities according to the circumstances, were given a warning, fines: (a) do not follow the state regulations on labor protection in the production and operation; (two) strokes use of child labor; (three) infringe legal rights of workers. Article 43 Private violation of the provisions of Article 38 provisions of the act, by the tax authorities in accordance with the circumstances, were given a warning, fines. Article 44 The administrative authority in accordance with the private sector on Article 41 of the Ordinance, the provisions of Article 42 of the punishment decision,Football Boots 2012 Adidas F50 MiCoach FG 2012 White Yellow Black Soccer Cleats , it should be from the date of receipt of the notification within 15 days to make the decision on punishment authority on an organ for reconsideration. The department shall, from the date of receipt of the application, make a reconsideration decision within thirty days. Applicants for the reconsideration decision, you can be notified within thirty days from the date of the people's court. Fails to apply for reconsideration or not the people of France to the prosecution, punishment decision. Article 45 Private violation of relevant taxes, resources, business administration, price, finance, measurement, quality, health, environmental protection and other laws and regulations of the act,2013 Football Boots Soccer Cleats Shoes Adidas Predator Lethal Zone IC Cleats Electricity Black Infrared , shall be punished by the relevant authorities. Article 46 The administrative authority staff in violation of the regulations, abuse of power, corruption, bribes or infringing the legitimate rights and interests of private enterprise, the competent authority shall be given administrative sanctions according to the seriousness of economic sanctions; violates the criminal law, criminal criminally responsible. Edit this paragraph of Article 47 of Chapter VIII of this Ordinance by the State Administration for Industry and Commerce is responsible for interpretation; implementation of measures by the State Administration for Industry in conjunction with the departments concerned. Article 48 of the Ordinance since July 1, 1988 into effect. [1] Edit this paragraph abolition "Provisional Regulations on Private Enterprises" General provisions for the private sector in nature, and its legislative level below the "Partnership Enterprise Law" and other special law, this legal hierarchy level of the contradictions and Code does not require the development of private enterprise reality, as well as a market economy under the conditions of market dominant position of equality, the Constitution never admitted to the restrictions on the private sector development and encourage the development of changes in order to determine the identity of legislative standards. To limit the development of private enterprises for the purpose of the "Provisional Regulations on the private sector" should be abolished. [1]