Private enterprises as mentioned in these Regulations include sole proprietorships, partnerships, limited liability companies and other profit-making economic organizations mainly funded by private investors; The so-called non-public capital refers to the investment of individual industrial and commercial households and private enterprises engaged in production and business activities.
Foreign-funded enterprises, Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures shall be implemented in accordance with the provisions of relevant laws and administrative regulations. Article 4 People's governments at all levels shall incorporate the development of individual and private economy into local economic and social development plans, organize and urge relevant departments to support the development of individual and private economy, coordinate and solve problems existing in the development of individual and private economy, create an environment of fair competition, and encourage, support and guide the development of individual and private economy. Article 5 The legitimate rights and interests of individual industrial and commercial households and private enterprises are protected by law, and no organization or individual may infringe upon them.
Individual industrial and commercial households and private enterprises shall abide by laws and regulations, pay taxes according to law, be honest and trustworthy, and compete fairly, and shall not harm public interests or the legitimate rights and interests of others. Article 6 The people's governments at all levels shall be responsible for organizing the implementation of these Regulations.
The administrative department for industry and commerce and other relevant administrative departments shall, according to their respective functions and duties, guide, coordinate, serve, supervise and manage the production and business activities of individual industrial and commercial households and private enterprises according to law. Article 7 Social organizations and industry self-regulatory organizations related to individual and private economic organizations shall perform their respective duties, provide services for individual industrial and commercial households and private enterprises, safeguard their legitimate rights and interests, educate them in patriotism, dedication, honesty and law-abiding, and guide the development of individual and private economy. Chapter II Support and Services Article 8 Individual industrial and commercial households and private enterprises enjoy the same treatment as enterprises of other ownership in terms of market access. Individual industrial and commercial households and private enterprises can produce and operate industries and commodities that are not explicitly prohibited by laws and regulations. Encourage and support individual industrial and commercial households and private enterprises to engage in production and business activities in line with national industrial policies and environmental protection policies. Article 9 Non-public capital can engage in natural monopoly business in power, telecommunications, railways, civil aviation, petroleum and other industries through equity participation, and can also engage in other businesses through sole proprietorship, joint venture, cooperation and project financing. Article 10 Non-public capital may invest in joint-stock banks and cooperative financial institutions such as city commercial banks, city credit cooperatives and rural credit cooperatives in accordance with relevant state regulations.
Private enterprises that meet the prescribed conditions can participate in the reorganization and restructuring of financial institutions such as banks, securities and insurance. Eleventh non-public capital can participate in the investment, construction and operation of municipal public utilities and infrastructure such as urban water supply, gas supply, heating, public transportation, sewage treatment and garbage disposal.
Conditional public utilities and infrastructure projects can transfer property rights or management rights to private enterprises that have obtained franchise rights according to law. Twelfth non-public capital can enter the non-profit and profit-making fields of social undertakings such as education, scientific research, medical and health care, culture, sports and services for the elderly.
Private enterprises can participate in the restructuring of public social institutions. Thirteenth private enterprises in investment approval, financing services, fiscal and taxation policies, land use, foreign trade, economy and technology, etc., are treated equally with other ownership enterprises. Article 14 Unless otherwise provided by laws and administrative regulations, private enterprises with legal qualifications can obtain the exploration and mining rights of mineral resources on an equal footing in accordance with the law by means of sole proprietorship, joint venture and cooperation. Fifteenth private enterprises can participate in the competition of military scientific research and production tasks and the restructuring of military enterprises in accordance with relevant state regulations; Participate in dual-use high-tech development. Sixteenth private enterprises merger and acquisition of state-owned enterprises, state-owned enterprises to participate in the separation of social functions and the restructuring of auxiliary industries. In terms of asset disposal, debt disposal, employee placement, social security, etc., it shall be implemented with reference to the policies and regulations of state-owned enterprise reform.
The merger and acquisition of collective enterprises by private enterprises shall be carried out in accordance with relevant state policies and regulations. Seventeenth to encourage private enterprises to establish agricultural industrialization enterprises. Encourage private enterprises to invest in the construction of production and living facilities such as farmland water conservancy, rural roads, rural drinking water, rural energy and rural buildings. Eighteenth college graduates and professional and technical personnel who set up private enterprises, engage in self-employment, or are employed by individual industrial and commercial households and private enterprises, enjoy the employment preferences stipulated by the state and the autonomous region. Nineteenth individual industrial and commercial households, private enterprises to absorb and place laid-off workers, retired soldiers, college graduates, poor households, the disabled to reach the prescribed number or proportion, enjoy the preferential policies stipulated by the state and the autonomous region. Article 20 Private enterprises enjoy the same preferential treatment as enterprises of other ownership in overseas investment, foreign investment, import and export credit and export credit insurance.