This provision has been abolished by Order No.87 of People's Republic of China (PRC) State Administration for Industry and Commerce (1998. 12.03) (No.025). At present, the Administration for Industry and Commerce has implemented the word1992.08.11[1992]. 4 14 "Notice of the State Price Bureau and the Ministry of Finance on Issuing the Items and Standards of Administrative Charges in the Industrial and Commercial Administration System" Annex V: Provisions on the charging standards of management fees and the scope of income use of individual industrial and commercial households. Without any legal support, it is illegal to levy non-state-owned property on a notice. 2000.03. 15 Article 8 of the Legislative Law of People's Republic of China (PRC) stipulates that only laws can be enacted for the expropriation of non-state-owned property.
2. According to 2001.1.15, the price regulations and other normative documents of the State Planning Commission were cleared up (OrderNo. 16 of the State Planning Commission).
I. Keep normative documents such as price regulations (166)
There are no documents including the management fees charged by individual industrial and commercial households.
II. Price regulations and other normative documents that need to be revised (5 1)
Article 23 Provisions on the registration fee standard of individual industrial and commercial households and the applicable scope of their income [1992] Jiafei ZiNo.. 4 14.
This clause that needs to be revised has not been revised so far. If it is not revised, it will be deemed invalid.
According to the Notice of the Inter-Ministerial Joint Conference on Reducing the Burden of Enterprises in the State Council (Guo Jian [2005] No.2) issued by the Office of the Inter-Ministerial Joint Conference on Reducing the Burden of Enterprises in the State Council on April 18, 2005, non-public enterprises are charged administrative fees. It must be implemented in accordance with the catalogue of enterprise-related fees issued by the Ministry of Finance, the National Development and Reform Commission and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and the collection of government funds must be implemented in accordance with the catalogue of enterprise-related funds issued by the Ministry of Finance. If it is collected outside the catalogue, the enterprise has the right to refuse to pay.
Reserved normative documents such as price regulations (166) do not include documents for collecting management fees of individual industrial and commercial households.
3. According to the Notice of the Inter-Ministerial Joint Conference on Reducing the Burden of Enterprises in the State Council (Guo Jian [2005] No.2) issued by the Office of the Inter-Ministerial Joint Conference on Reducing the Burden of Enterprises in the State Council on April 18, 2005, it is stipulated to implement a unified policy for non-public enterprises and public enterprises, and cancel the administrative fees specifically for individual industrial and commercial households, private enterprises and other non-public enterprises.
The collection of industrial and commercial management fees of self-employed individuals is obviously inconsistent with this notice.
4, according to 2006.07.0 1 administrative fees management interim measures.
Article 9 The following materials shall be provided when applying for the formulation of charging standards:
(a) the application for the establishment of charging standards and reasons;
(two) the cost calculation materials for applying for the formulation of charging standards;
(3) Relevant laws, regulations, rules and policies;
The materials provided by the applicant shall be true and effective.
Article 11 An application under any of the following circumstances shall not be accepted:
(a) the basis of the application is in conflict with the existing laws, regulations, rules and policies;
(2) The reasons for setting or adjusting the charging standards are insufficient or obviously unreasonable;
We don't know on what grounds the industrial and commercial bureau applied to the price bureau for a fee permit. If it is according to "1992.08.11[1992], add Fizno. 4 14 Notice of the State Administration for Industry and Commerce and the Ministry of Finance on Issuing the Items and Standards of Administrative Fees in the Industrial and Commercial Administration System Annex 5: Management Fees for Individual Industrial and Commercial Households. (a) the expenses of the self-employed workers' association, including wages, welfare, office expenses (refer to the business expenses standard of public institutions) and legal consultant fees. (2) the cost of providing services for individual industrial and commercial households, including publicity and education, technical training, delays subsidies, incentives and other expenses. "I applied for it. It was the industrial and commercial bureau that provided false materials to the price bureau.
In fact, this scope of use no longer exists. According to the statement of the industrial and commercial bureau in court, the individual industrial and commercial expenses have been turned over as provincial fiscal revenue.
If the industrial and commercial bureau collects the license of self-employed industrial and commercial management fees from the price bureau according to the provincial fiscal revenue, this is completely in conflict with the current laws, regulations and national policies. This is a discriminatory provision for self-employed.
Therefore, the price bureau did not strictly examine the industrial and commercial management fees of this self-employed person in accordance with the regulations. So that the industrial and commercial bureau charges unreasonable fees to self-employed households with unreasonable fee licenses. It belongs to the behavior of issuing licenses and charging fees.