
随着互联网的发展,越来越多的人在网上买东西,也有越来越多的人在网上开店。我们都知道开实体店是需要申办营业执照的,否则就是非法经营,一经查出,会给予最高50万元的处罚。
With the development of the Internet, more and more people are shopping online, and e-stores emerge like bamboo shoots after a spring rain in China. We all know that a business license is necessary for a brick-and-mortar store. And a maximum penalty of 500000 yuan will be imposed on those who have no business license.
那么,个人开网店也必须办理营业执照吗?
But, is it also a must for individuals to apply for business licenses for their e-stores?

是的!新的《电商法》已经明确指出,电子商务经营者必须依法办理市场主体登记,即获得相关行政许可并办理营业执照。
yes! The new E-Commerce Law of the People's Republic of China has clearly stipulated that e-commerce operators must register themselves as market subjects according to law, that is, obtain relevant administrative permits and business licenses.
从事个人代购、微商、开网店等的人员,都可以被称为电子商务经营者。也就是说只要您在网上卖东西,无论在微店、淘宝、朋友圈、直播销售等,都需要办理营业执照并依法纳税。
People engaged in buying on behalf, WeChat business, online shops, etc. can be called e-commerce operators. That is to say, as long as you sell things online, whether in e-stores, Taobao, WeChat moments, live broadcast sales, etc., you should apply for a business license and pay taxes.
However, the E-Commerce Law also stipulates several situations in which business licenses are not required.
Individuals sell agricultural and sideline products.
Individuals sell household handicraft products produced by themselves.
3️⃣ 个人利用自己的技能从事依法无须取得许可的便民劳务活动,如保洁、洗涤、缝纫、理发、搬家、配置钥匙、管道疏通、家电家具修理等。
Individuals use their own skills to engage in public convenience services for which no licence is required by the law, such as cleaning, washing, sewing, hair cutting, moving, making keys, pipeline dredging, home appliance and furniture repair, etc.
4️⃣ 个人进行零星小额交易活动(年交易额不超过10万元)。
Individuals engage in occasional and low-value transactions (with an annual transaction amount not exceeding 100000 yuan).
5️⃣ 其它依照法律、行政法规不需要进行登记的情况。
Other circumstances where no registration is required by laws or administrative regulations.
除了这五种情形以外,任何电子商务经营者都需要办理营业执照。
In addition to these five cases, any e-commerce operator needs to apply for a business license.
如果是原本已有营业执照,只是想再开一个网店用于电子商务经营,是不需要重新办理营业执照的。你只需要在入驻电商平台后,在网店首页公示营业执照信息和与其经营业务有关的行政许可就可以正常经营了。
If you have an existing business license and just want to open an e-store for e-commerce business, you do not need to apply for a new business license. You only need to post the business license information and the administrative permission related to your business on the home page of the online store.
但如果没有营业执照,就需要到当地所属的工商局申请办理公司营业执照或个体户营业执照。
However, if you do not have a business license, you need to apply to the local industrial and commercial bureau for a company business license or a self-employed business license.
Identity certificate of the applicant
Application for Registration of Individual Business
3. 网络经营场所使用证明(由申请人自行从电子商务平台获取并打印)
Certificate of use of online business premises (can be obtained and printed by the applicant from the e-commerce platform)
4. 经营场所产权或租用合同(用于申办公司营业执照)
Property right or lease contract of business premises (for applying for the company's business license)
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