(Adopted at the Twelfth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on May 30, 2007 and approved at the Thirty-Third Meeting of the Standing Committee of the Tenth Guangdong Provincial People’s Congress on July 27, 2007)
Article 1 In order to regulate investigating and punishing of the acts of operating a business without permit, license, protect the legal rights and interests of operators and consumers, and maintain the order of the socialist market economy, these regulations are hereby formulated according to related law, regulations, and in the light of the actual conditions of this city.
Article 2 The acts of operating a business without permit, license referred to in these regulations shall mean the following acts of operating a business without authorization in a permanent place:
(1) to operate a business at will without obtaining a license which should be obtained according to law;
(2) to operate a business at will without obtaining other administrative permit which should be obtained according to law;
(3) to continue to operate a business after the business license is cancelled, suspended or other administrative permit is cancelled, taken back, suspended;
(4) to continue to operate a business without renewing the business license or other administrative permit after they expire;
(5) to operate a business beyond the approved scope without authorization.
Those operating a business without a permanent place shall be dealt with according to
related law, regulations.
Article 3 In investigating and punishing of the acts of operating a business without permit, license, the general policy to handle cases according to law and to enforce law in civil way shall be carried on persistently, the principle of combination of persuasion, education and punishment, and the principle of doing everyone’s duty respectively and tackling a problem in a comprehensive way shall be followed.
Article 4 The administrative department of industry and commerce shall be responsible for investigating and punishing of the acts of operating a business without permit, license, the related administrative departments shall cooperate within the scope of their duties.
In the following situations, the offices issuing other administrative permits shall be responsible for investigation and punishment, and the administrative department of industry and commerce shall cooperate within the scope of its duties:
(1) to operate a business at will without obtaining other administrative permit which, according to law and regulations, should be obtained before applying a license;
(2) to operate a business at will without obtaining other administrative permit which, according to law and regulations, should be obtained even though there is no necessity to apply for a license;
If a case is outside the scope of the duties of an office to investigate and punish, it
shall be promptly handed over to the office which has the administrative duty for investigation and punishment.
Article 5 In the case that the municipal government decides according to the regulations of the state that the comprehensive law-enforcement office for urban management shall be responsible for investigating and punishing of the acts of operating a business without permit, license, the related rules on the relative concentration of the authorization of administrative punishment shall be followed in implementation.
Article 6 The related departments of the municipal, district governments and related units shall cooperate with the related administrative offices according to law in investigating and punishing of the acts of operating a business without permit, license.
Article 7 To carry out seizure, distress or to lift seizure, distress according to law shall be decided by an administrative office higher than district level; if investigating and punishing of the acts of operating a business without permit, license will be jeopardized without prompt seizure, distress, the seizure, distress may be carried out first and an approval shall be obtained within 24 hours after the seizure, distress.
Article 8 When carrying out seizure, distress according to law, the law-enforcement personnel shall hand over related documents to parties concerned to sign names or affix seals, and leave one copy to them; if a party concerned refuses to sign a name or affix a seal, two witnesses who are not interested persons shall sign names; if there is no witness or witnesses refuse to sign their names, more than two law-enforcement persons shall sign their names and make a clear statement about this in the doucments.
Article 9 In the case of carrying out seizure, distress according to law, an administrative department shall make a decision on the punishment for the acts of operating a business without permit, license within the term of seizure, distress; if no decision is made after the term ends, the seizure, distress shall be regarded as lifted.
If there is no need of seizure, distress any more according to law, an administrative office shall lift the seizure, distress immediately, serve a notice of lifting the seizure, distress on parties concerned and return distressed articles. If the seized, distressed articles are auctioned or sold according to law, the proceeds shall be returned after deduction of the cost of auction or sale.
If parties concerned do not claim seized, distressed articles within 30 days from the date when a notice of lifting the seizure, distress is served, an administrative office shall ask for claiming in a public notice. If there is still no claim 60 days after issuing the public notice, the seized, distressed articles shall be regarded as property without owner and turned over to the state treasury. If there are other rules in law, regulations, those rules shall be honored.
Article 10 Any unit and individual shall have the right to report to an administrative office the acts of operating a business without permits, license. The administrative office shall make an investigation within 5 business days and impose punishment according to law; any case outside the scope of the duties of the office to investigate and punish shall be promptly handed over to an office which has the administrative duty for investigation and punishment.
Article 11 Those providing places of production and operation or transportation, storage, warehouse, etc. for the acts of operating a business without permit, license shall be ordered by related offices to make corrections; if the order to make corrections are refused, punishments shall be imposed according to the related law, regulations.
Article 12 If administrative offices and their personnel violate the rules in implementation of administrative sanctions, administrative coercive measures, or in administrative omission, the responsibility of directly responsible persons in charge and other directly responsible persons shall be investigated according to law.
Article 13 These regulations shall take effect as of October 1, 2007.
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