The State Council issued the Regulations on Promoting the Development of Individual Industrial and Commercial Households to promote the sustainable development of individual industrial and commercial

The State Council issued the Regulations on Promoting the Development of Individual Industrial and Commercial Households to promote the sustainable development of individual industrial and commercial households. Individual industrial and commercial households are a large number of market subjects with China characteristics, the "capillaries" of China industrial chain supply chain and the "nerve endings" of the market, and the most direct life service providers. On October 25th, 65438/kloc-0, the State Council issued the Regulations on Promoting the Development of Individual Industrial and Commercial Households (hereinafter referred to as the Regulations), which came into effect on October 25th, 2022, adding nine new contents, and making innovations in changing operators, classifying and cultivating individual industrial and commercial households, and providing assistance for difficulties.

Industry analysts believe that the "Regulations" focus on the outstanding difficulties faced by individual industrial and commercial households such as insufficient funds and poor information, and have made targeted institutional arrangements. It is of great significance to reconfirm the economic status of individual industrial and commercial households, protect their interests, promote their sustainable development, and implement the "six guarantees" and "six guarantees", especially to stabilize employment and ensure employment. However, in the specific implementation, some new policies need to be further refined.

Add 9 new contents such as equal treatment.

Article ***39 of the Regulations covers policies and measures from registration, annual report, information service, accurate assistance and supply of business premises, to capital, taxation, finance, social security, entrepreneurship and employment, community convenience, digital development, intellectual property protection and relief, providing all-round support for the development of individual industrial and commercial households. There are 19 specific support policies.

Compared with the original 30 Articles of the Regulations on Individual Industrial and Commercial Households, the newly published Article 39 of the Regulations adds nine new contents, such as information service, giving full play to the role of individual workers' associations, equal treatment, classified cultivation, business premises, intellectual property rights, overall consideration, assistance in difficulties, recognition and reward, and charges individual industrial and commercial households for some original units and individuals on the premise of not violating laws, regulations and relevant state regulations.

Taking information services as an example, the State Administration of Market Supervision explained that "information gap" is a prominent problem reflected by individual industrial and commercial households, which includes both ignorance of government support policies and lagging grasp of market information. The Regulations stipulate that the state should strengthen the construction of public service platform system for individual industrial and commercial households. This service platform system is not a specific website, nor is it limited to the platform built and operated by the government. Instead, it adopts the mode of government guidance, market dominance and social enjoyment, integrates and optimizes all kinds of social resources, strengthens the demonstration and leading role, and forms information services covering all sub-sectors of the industry, such as legal policies, market supply and demand, recruitment, entrepreneurship training and financial support, which are close to the needs of individual industrial and commercial households.

Hong Tao, director of the Institute of Business Economics of Beijing Technology and Business University, believes that this is mainly based on the market number of individual industrial and commercial households in China. According to the data of the State Administration of Market Supervision, by the end of September, there were1.65,438+0.65,438+0 billion registered individual industrial and commercial households nationwide, accounting for 2/3 of the total number of market players, and promoting employment by nearly 300 million people. "The number of individual industrial and commercial households is large and the situation is complicated. There are both' small businessmen' who support their families and' big individuals' with considerable scale. Differentiated measures should be taken according to its development level and development characteristics. " Hong Tao said.

It is more convenient to change operators and enterprises.

What is an individual industrial and commercial household? According to the provisions of the Civil Code, individual industrial and commercial households are natural persons engaged in business activities, and "operators" are individuals engaged in business activities, and bear unlimited liability for the debts of individual industrial and commercial households with all their property. The name and goodwill of individual industrial and commercial households are also closely related to the operators.

Due to the particularity of individual industrial and commercial households, there have been strict restrictions on changing operators for a long time. Individual industrial and commercial households change their operators, that is, the so-called "out of the store" and transfer their management rights. In addition to changes among family members, they must re-apply for registration in accordance with the original Regulations on Individual Industrial and Commercial Households and relevant registration management regulations, that is, cancel the original individual industrial and commercial households and apply for the establishment of new individual industrial and commercial households.

According to the explanation of the State Administration of Market Supervision, during the formulation of the Regulations, many individual industrial and commercial households reported that the shops they had operated for many years had a unique brand and a good reputation, and had obtained relevant administrative licenses. Because the original operators could not continue to operate, they wanted to transfer them to others. However, once written off, these intangible assets will be lost, and re-handling various procedures will increase a lot of costs, which is not conducive to individual industrial and commercial households to continue to operate and build a "century-old shop."

In order to solve this problem, the "Regulations" have adjusted the way for individual industrial and commercial households to change their operators, from the original "cancellation first, then establishment" to "directly applying to the market subject registration authority for change registration".

Whether individual industrial and commercial households change their operators or "change their enterprises" involves relevant administrative licenses, and the regulations require relevant administrative licensing departments to simplify procedures and provide convenience for individual industrial and commercial households according to law. At the same time, it is particularly emphasized that on the basis of "voluntariness", no compulsory requirements may be put forward for individual industrial and commercial households.

"This provision facilitates the transfer of the management right of individual industrial and commercial households, realizes the continuation of the establishment time, brand name and related administrative license of individual industrial and commercial households, greatly simplifies the procedures and reduces the institutional transaction cost. The General Administration of Market Supervision will, in accordance with the provisions of the Regulations, timely adjust the documents and data specifications of individual industrial and commercial households to change their operators, and guide the registration authorities of local market entities to do a good job in registration services. " State Administration of Market Supervision explained.

Fiscal, taxation and financial support need to be refined

"In addition to their own business problems, individual industrial and commercial households generally have specific problems such as high operating costs-high labor costs and high rents." Tang Dajie, a researcher at the Center for Finance, Taxation and Law Research of Wuhan University, told the beijing business today reporter today that "specific measures need to be introduced by local governments on specific issues such as capital, finance, social security and bail-outs."

Specifically, Sister Tang suggested that local governments can open to individual industrial and commercial households to purchase social services; Finance and taxation departments should provide more convenient services such as invoicing, invoicing, tax payment and remittance; Community services suitable for individual industrial and commercial households, such as old-age care, baby-rearing, legal consultation, housekeeping services, etc., should be as open as possible to individual industrial and commercial households; Reduce the professional access conditions of individual law firms, individual tax consultants and mental health counseling, enrich new community services and improve people's quality of life.

Feng Shanxiong, an individual industrial and commercial household, runs "Shanxiong Aquatic Products Store in Da 'ao Town, Xinhui District" in Jiangmen City, Guangdong Province. He told the beijing business today reporter that due to the rising price of aquatic feed and the falling price of fish, the profit margin of the four major fish was reduced, with a loss of nearly 4 million yuan. His cooperative was dissolved this year, leaving only his own individual license and his own fry.

"If the government can help the self-employed, on the one hand, I hope that these subsidies can go directly to individuals without going through intermediaries; On the other hand, I hope that the state can give more macro help to the industries where individual industrial and commercial households are located. When the industry develops, individual industrial and commercial households will have more prospects. " Feng Shanxiong said.

In terms of fiscal, taxation and financial support that individual industrial and commercial households are most concerned about, Articles 19 to 21 of the Regulations make arrangements for this from three aspects: funds, taxes and loans. It is clear that the state encourages and guides venture capital institutions and social funds to support the development of individual industrial and commercial households, and local people's governments at or above the county level should give full play to the role of various funds to provide financial support for entrepreneurial innovation, loan financing and vocational skills training of individual industrial and commercial households.

"For a long time, there were relatively few fiscal and taxation policies, subsidy policies and support policies for individual industrial and commercial households, whether in the period of double innovation or in the period of helping small and medium-sized enterprises to develop. In addition, individual industrial and commercial households themselves have the needs of digital transformation and market development, but they lack talents, funds and resources. The "Regulations" are clear in this piece. " Wang Peng, a researcher at the Beijing Academy of Social Sciences and the Research Center for Smart Social Governance of China Renmin University, said.