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

第684号

　　Measures for the Investigation and Punishment of Unlicensed and UnLicensed Business Operations are hereby promulgated and shall come into force as of October 1, 2017。

　　                                                          总理　　李克强

　                    　                                       August 6, 2017

Measures for investigation and punishment of unlicensed business operations

　　Article 1 These Measures are formulated for the purpose of maintaining the order of the socialist market economy, promoting fair competition and protecting the legitimate rights and interests of business operators and consumers。

　　Article 2 No unit or individual may engage in unlicensed business operations in violation of laws, regulations and the provisions decided by The State Council。

　　Article 3 The following business activities shall not be classified as operations without a license or license:

　　(1) selling agricultural and sideline products and articles of daily use at places and times designated by the local people's governments at or above the county level, or engaging in labor services for the convenience of the people that do not require a license according to law by individuals using their own skills;

　　(2) To engage in business activities that do not require a license or registration in accordance with laws, administrative regulations or decisions of The State Council。

　　Article 4 The local people's governments at or above the county level shall be responsible for organizing and coordinating the investigation and punishment of unlicensed and unlicensed operations in their respective administrative areas, and establish a mechanism for the investigation and punishment of unlicensed and unlicensed operations in which the relevant departments are responsible for the division of responsibilities and coordinate and cooperate。

　　Article 5 Where a business operator engages in business activities without obtaining a license according to law, it shall be investigated and punished by the departments prescribed by laws, regulations and decisions of The State Council.Where laws, regulations or decisions of The State Council do not provide or the provisions are unclear, the departments designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall investigate and handle the cases。

　　Article 6 A business operator who engages in business activities without obtaining a business license according to law shall be investigated and punished by the department performing the duties of industrial and commercial administration (hereinafter referred to as the administrative department for industry and commerce)。

　　Article 7 A business operator who has not obtained a license and business license according to law to engage in business activities 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, the departments prescribed by laws, regulations and decisions of The State Council, and the departments designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the investigation and punishment departments) shall perform their duties according to law，Close coordination，Use information network platform to strengthen information sharing;Discover unlicensed and unlicensed operations that are not part of the department's investigation and punishment responsibilities，Relevant departments shall be notified in a timely manner。

　　Article 9 Any unit or individual shall have the right to report unlicensed and unlicensed operations to the investigation and punishment department。

　　The investigation and punishment department shall disclose to the public the telephone number, mailbox or E-mail address for accepting reports, and arrange personnel to accept reports and deal with them according to law。For real-name reports, the investigation and punishment department shall inform the result of the handling, and keep the informant confidential。

　　Article 10 The investigation and punishment department shall adhere to the principle of combining investigation and punishment with guidance and combining punishment with education in investigating and dealing with unlicensed and unlicensed operations according to law, and shall urge and guide the operators to handle the corresponding licenses according to law if they have the legal conditions for handling licenses and the operators have the will to continue operating。

　　Article 11 The administrative departments for industry and commerce of the people's governments at or above the county level may exercise the following functions and powers when investigating suspected unlicensed operations:

　　(1) ordering the cessation of relevant business activities;

　　(2) to investigate and understand the relevant situation from the units and individuals involved in suspected unlicensed business operations;

　　(3) entering places suspected of engaging in unlicensed business operations to conduct on-site inspections;

　　(4) To consult and copy contracts, bills, account books and other relevant materials related to suspected unlicensed operations。

　　Premises suspected of engaging in unlicensed business operations may be shut down;Tools, equipment, raw materials, products (commodities) and other articles suspected of being used for unlicensed business may be sealed up and seized。

　　Investigate and punish suspected unlicensed business operations and take measures in accordance with relevant laws and regulations。

　　Article 12 Whoever engages in unlicensed business operations shall be punished by the investigation and punishment department in accordance with the provisions of relevant laws and regulations。

　　Article 13 Whoever engages in unlicensed business operations shall be punished by the administrative department for industry and commerce in accordance with the provisions of relevant laws and administrative regulations。Where there are no clear provisions in laws or administrative regulations on the penalties for unlicensed business operations, the administrative department for industry and commerce shall order the cessation of the illegal acts, confiscate the illegal gains and impose a fine of not more than 10,000 yuan。

　　Article 14 Whoever knowingly provides business operators with premises for business operations without a license, or provides conditions for transportation, storage, warehousing, etc., shall be ordered by the administrative department for industry and commerce to cease his illegal acts, confiscate his illegal gains, and may be imposed with a fine of not more than 5,000 yuan。

　　Article 15 Any unit or individual engaged in unlicensed and unlicensed business shall be recorded in the credit record by the investigation and punishment department and publicized in accordance with the provisions of relevant laws and regulations。

　　Article 16 Where the investigation and punishment department of an entity violates the administration of public security by investigating and dealing with operations without a license or license, it shall be punished by the public security organ in accordance with the provisions of the Law of the People's Republic of China on Penalties for Administration of Public Security。

　　Article 17 Where the investigation and investigation departments and their staff abuse their power, neglect their duties, or engage in malpractices for personal gains, the leading personnel who are responsible and the persons directly responsible shall be given 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 as of October 1, 2017。The Measures for Investigating, Investigating and Banning Unlicensed Business Operations promulgated by The State Council on January 6, 2003 shall be repealed simultaneously。