the investigation department should adhere to the principle of combining investigation with guidance, and combining punishment with education when investigating and dealing with unlicensed business according to law, and urge and guide operators who have the legal conditions to apply for licenses and are willing to continue their business according to law to apply for corresponding licenses. Engaged in unlicensed business, shall be punished by the investigation department in accordance with the provisions of relevant laws and regulations.

The specific measures for investigating unlicensed operation are as follows:

1. The unlicensed operation shall be banned by the administrative department for industry and commerce according to law, and the illegal income shall be confiscated;

2. Those who violate the criminal law shall be investigated for criminal responsibility according to the provisions of the law on the crime of illegal business operation, serious accident, accident caused by dangerous goods or other crimes;

3. If the case is not serious enough for criminal punishment, a fine of less than 21,111 yuan shall be imposed;

4. If the unlicensed operation is harmful to human health, has major security risks, threatens the safety of the public and destroys environmental resources, the tools, equipment, raw materials, products and property specially used for unlicensed operation shall be confiscated, and a fine of 51,111 yuan to 511,111 yuan shall be imposed;

5. If there are other provisions in laws and regulations on the punishment of unlicensed operation, those provisions shall prevail;

6. those who engage in unlicensed operation shall be punished by the administrative department for industry and commerce in accordance with relevant laws and administrative regulations. If there are no clear provisions in laws and administrative regulations on the punishment for operating without a license, the administrative department for industry and commerce shall order it to stop the illegal act, confiscate its illegal income and impose a fine;

7. Those who knowingly provide business premises for operators, or provide transportation, storage, warehousing and other conditions, shall be ordered by the administrative department for industry and commerce to stop the illegal act and confiscate the illegal income;

8. Any unit or individual engaged in unlicensed business shall be recorded in the credit record by the investigation department;

9. If it interferes with the investigation and punishment department to investigate and deal with unlicensed business, which constitutes a violation of public security management, the public security organ shall punish it in accordance with the regulations.

The following business activities do not belong to unlicensed business:

(1) selling agricultural and sideline products and daily necessities at places and times designated by local people's governments at or above the county level, or individuals using their skills to engage in convenient labor services without obtaining permission according to law;

(2) engaging in business activities that do not require permission or registration in accordance with laws, administrative regulations and the State Council decisions.

Legal basis

Article 13 of the Measures for Investigating Unlicensed and Unlicensed Business Operation shall be punished by the administrative department for industry and commerce in accordance with the provisions of relevant laws and administrative regulations. If there are no clear provisions in laws and administrative regulations on the punishment for operating without a license, the administrative department for industry and commerce shall order it to stop the illegal act, confiscate the illegal income and impose a fine of less than 1,111 yuan.