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Sunday, December 10, 2006

Interim Measures of the Ministry of Commerce Concerning Complaints from Foreign-invested Enterprises

Article 1 In order to accept complaints from foreign-invested enterprises promptly and effectively, to safeguard the legitimate rights and interests of the foreign-invested enterprises as well as the investors, to promote the sound development of foreign-invested enterprises, and to further ameliorate the foreign investment environment, the Interim Measures of the Ministry of Commerce concerning Complaints from Foreign-invested Enterprises is hereby formulated in accordance with relevant laws and the actual situation of foreign investment complaint in China.
Article 2 For the purpose of these Measures, "complaints from foreign-invested enterprises" refers to the act that the foreign-invested enterprises and the investors thereof within the territory of the People's Republic of China(hereinafter referred to as "the complainant"), after deeming that their legitimate rights and interests have been infringed by the administrative authority, file the complaint to the complaint acceptance authority for coordination or settlement, reflect the actual situation, put forward suggestions, opinions or requests for the complaint to be coordinated and handled by the complaint acceptance authority under relevant laws.
Article 3 The complainant shall, subject to the principle of good faith, voluntariness and lawfulness, present the complaint according to the facts, provide the corresponding evidence and offer active assistance to the complaint acceptance authority for the investigation work thereby.
Article 4 The complaint acceptance authority shall deal with the complaint herein in accordance with the principle of fairness, equity, and lawfulness, the relevant laws and regulations and the Interim Measures herein.
Article 5 The National Complaint Center for Foreign-invested Enterprises and departments with the acceptance function inside local governments (hereinafter referred to as "the local complaint acceptance authority") shall accept the complaints from foreign-invested enterprises in accordance with the actual situation.
The National Complaint Center for Foreign-invested Enterprises shall be responsible for accepting the complaints directly filed by foreign-invested enterprises hereto, the trans-provincial complaints filed by foreign-invested enterprises and the complaints with great influence, and for conducting the training, investigation and study, management and coordination in respect of the complaints from foreign-invested enterprises nationally.
The local complaint acceptance authority shall be responsible for accepting the complaints from foreign-invested enterprises, the complaints transferred from or supervised by the National Complaint Center for Foreign-invested Enterprises.
The complaints shall, once accepted, by principle be handled by the local complaint acceptance authority which shall, after having accepted the complaint, undertake investigation, feedback the information and provide coordination.
Article 6 The Complaint Coordination Office for Foreign-invested Enterprises shall be responsible for coordinating, directing, supervising the national complaints from foreign-invested enterprises, handling the complaints which involve excessive sectors and industries and need to be settled at trans-ministerial coordination conferences herein submitted by the National Complaint Center for Foreign-invested Enterprises, formulating the policy principle to the settlement of disputes, and perfecting the relevant laws and regulations.
Article 7 The complainant shall, while filing the complaint, submit the written complaint documents to the complaint acceptance authority which shall expressly note such particulars as the basic fact of the complaint, the relevant evidence(s), the contact person and the means of contact.
The complaint documents shall be written in Chinese.
Article 8 Conditions for accepting a complaint include as follows:
(1) It has the distinct object of complaint and complaint request;
(2) It accords with the subject qualification of complaint;
(3) It has concrete complaint fact, reasons as well as relevant evidence(s);
(4) It falls under the complaint scope as prescribed in the Measures herein.
Article 9 The following complaints shall not be accepted:
(1) complaints that have entered or completed the judicial procedure, administrative reconsideration procedure or arbitration procedure;
(2) complaints that have been accepted by organs in charge of discipline inspection, supervision and letters and calls;
(3) complaints that have been or are being accepted by the complaint acceptance authority;
(4) complaints that are filed anonymously; and
(5) other complaints that fail to meet the aforesaid complaint acceptance conditions.
Article 10 The procedures for handling a complaint are as follows:
(1) To examine the complaint documents. The complaint acceptance authority shall, within five working days as of its receipt of the complaint, decide whether it will accept the complaint. Where it is deemed as meeting the complaint acceptance conditions after having been examined by the complaint acceptance authority, the complaint shall be accepted and the acceptance notice shall be delivered to the complainant; where otherwise, the complaint acceptance authority shall, within five days, deliver the refusal notice with the indication of the reasons for refusal to the complainant and return the complaint document; where the complaint document needs further supplement and perfection, the complaint acceptance authority shall, within 5 days, notify the complainant to do so.
(2) To register the complaint acceptance. The complaint acceptance authority shall undertake the acceptance procedure, establish dossier and mark the acceptance date.
(3) To notify the respondent.
(4) To deal with the complaint. The complaint acceptance authority shall, within 30 working days, complete the handling of the complaint accepted; where it cannot do so within 30 working days as a result of the complex disputes or dissension, or by virtue of the interested parties' non-cooperation with the work of the complaint acceptance authority or for other reasons , it shall notify the complainant in a timely manner.
(5) The complaint acceptance authority shall, after having completed dealing with the complaint, notify the result hereof to the complainant.
(6) To undertake the procedure of case completion registration.
Article 11 The complaint shall be dealt with subject to the following means:
(1) To issue the opinion letter. The complaint acceptance authority shall, pursuant to the relevant laws and regulations, raise suggestions hereon and press the complaint particulars to be settled.
(2) To coordinate with relevant authorities.
(3) To transfer a complaint to the local complaint acceptance authority or to other relevant departments.
(4) Other appropriate means.
Article 12 The complaint handling shall be deemed as being completed under any of the following circumstances:
(1) The complaint has been completed under Article 11 herein;
(2) It has been settled through coordination or meditation by the local complaint acceptance authority or the relevant sectors ;
(3) The interested party has filed an request with an arbitral agency, initiated a lawsuit in a court or applied for administrative reconsideration;
(4) The complaint particulars prove not incompliant with facts after investigation;
(5) The complaint has applied for withdrawn of the complaint;
(6) The complaint does not cooperate and rejects to provide the genuine facts.
Article 13 The complaint acceptance authority shall keep trade secrets for the complaint, unless otherwise prescribed by the relevant laws
Article 14 The personnel of the complaint acceptance authority shall strictly execute their duties and handle the complaint particulars in an impartial, timely and appropriate manner.
Article 15 The Complaint Coordination Office for Foreign-invested Enterprises shall be established within the Department of Foreign Investment Administration of Ministry of Commerce and the National Complaint Center for Foreign-invested Enterprises shall be established within the Investment Promotion Agency of Ministry of Commerce.
Article 16 The Ministry of Commerce shall be responsible for interpreting the Interim Measures herein.
Article 17 The Interim Measures shall enter into force as of October 1, 2006.


The Ministry of Commerce 2006-09-01
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