Yantai Foreign-invested Enterprises Complaints Work Measures
2021-05-14 00:00

Chapter I  General  rules

Article 1  For timely and effective handling of foreign investment enterprise complaints, to protect the legitimate rights and interests of foreign investment, and continue to optimize the foreign investment environment, according to the "Foreign Investment Law of the People's Republic of China," "Regulations for the Implementation of the Foreign Investment Law of the People's Republic of China," and "the work of the complaints of foreign-invested enterprises approach". Combined with the actual situation in the city, the formulation of this approach.

Second  The foreign-invested enterprises referred to in this approach to complaints, refers to:

(a) foreign-invested enterprises, foreign investors (hereinafter collectively referred to as the complainant) that the administrative organs (including laws and regulations authorize organizations with the function of management of public affairs) and their staff (hereinafter collectively referred to as the respondent) of the administrative action infringes on their legitimate rights and interests, to the complaint body to apply for a coordinated solution to the work of the complainant. Complaints to the working body to apply for coordination to resolve the behavior;

(b) the complainant to reflect the investment environment to the working body of the investment environment problems, suggesting the improvement of the relevant policies and measures.

The complaints organization referred to in the preceding paragraph refers to the department or organization designated by the local people's government at or above the county level to receive complaints from foreign-invested enterprises.

The complaints of foreign-invested enterprises referred to in these measures do not include foreign-invested enterprises, foreign investors to apply for coordinated settlement of civil and commercial disputes with other natural persons, legal persons or other organizations.

Article 3  Complaints working body shall adhere to the principle of fairness, justice and lawfulness, hierarchical responsibility, and timely handling of the problems reflected by the complainant, coordination and improvement of relevant policies and measures.

Article IV  Complainants should truthfully reflect the facts of the complaint, provide evidence, and actively assist the complaint body to carry out the complaint processing work.

Article 5  Yantai Bureau of Commerce, together with the relevant departments of Yantai City, the establishment of foreign-invested enterprises complaints joint conference system (hereinafter referred to as the Joint Conference), to coordinate and promote the work of foreign-invested enterprises at the municipal level of Yantai complaints, guidance and supervision of foreign-invested enterprises in the districts and municipalities of the work of complaints. The office of the Joint Conference is located in the Yantai Bureau of Commerce, which is responsible for the daily work of the Joint Conference, and guides and supervises the work of foreign-invested enterprises' complaints in all districts and cities.

Article VI  Yantai Bureau of Commerce is responsible for dealing with the following complaints:

(a) involving the relevant departments of Yantai City, the district and municipal people's governments (including management committees, hereinafter the same) and their staff of the administrative behavior;

(b) suggesting that the relevant departments of Yantai City, the districts and municipal people's governments to improve the relevant policies and measures;

(C) in the country, the province, the city has a significant impact, the Yantai City Bureau of Commerce that can be dealt with by it.

Yantai Bureau of Commerce organizes publicity on policies and regulations related to foreign investment, carries out training on complaints of foreign-invested enterprises, promotes the experience of handling complaints, puts forward relevant policy recommendations, supervises the districts and municipalities to do a good job in dealing with complaints of foreign-invested enterprises, and actively prevents the occurrence of complaints.

Article 7  People's governments at or above the county level shall designate the department or organization responsible for the complaint work. Each district and city complaint work organization shall improve the complaint work rules, improve the complaint mode, clear complaint matters acceptance scope and complaint processing time limit.

Districts and municipalities to accept the complaints of the complainant of the administrative organs and their staff of the region's administrative behavior and recommendations to improve the region's related policies and measures of the complaint matters.

Article VIII  Complainants in accordance with the provisions of this approach to apply for a coordinated settlement of disputes between them and the administrative organs, without prejudice to their right to initiate administrative reconsideration, administrative litigation and other procedures within the statutory time limit.

Article IX  The People's Republic of China Foreign Investment Law, Article 27 of the Chamber of Commerce, associations can refer to this approach, to reflect the complaints to the work of the organization members of the investment environment problems, and submit specific policy measures proposed.

Chapter II Complaints and acceptance

Article 10  Complaints made by the complainant of the matter should be submitted to the written complaint materials. Complaints can be submitted on-site, but also through letters, faxes, e-mail, online applications and other ways to submit.

Complaints at all levels should be published in the work of the organization's address, telephone and fax numbers, e-mail, website and other information to facilitate the complainant to file a complaint.

Article XI  Belonging to the provisions of Article 2, paragraph (a) of the complaint, the complaint material shall include the following:

(a) the complainant's name, name, postal address, zip code, the relevant contact person and contact information, the subject of the qualification of the evidence, the date of filing the complaint;

(b) the name of the person being complained against Or name, mailing address, zip code, contact person and contact information;

(C) a clear complaint and complaint request;

(D) the facts, evidence and reasons, such as the relevant legal basis can be provided;

(E) the existence of the circumstances listed in Article 14 (7) (8) (9) of the present measures.

Belonging to the provisions of Article 2 (2) of the complaint, the complaint material should include the information provided in the preceding paragraph (a), the investment environment and the existence of related problems and specific policy measures proposed.

Complaint materials should be written in Chinese. Evidence and materials written in a foreign language, the original shall submit accurate and complete Chinese translation.

Article 12  Complaints can be entrusted to others to complain. Complaints entrusted to others, in addition to the provisions of Article XI of these measures, in addition to the materials, should also be submitted to the complaint body to submit the complainant's identity, the issuance of power of attorney and the identity of the entrustee. The power of attorney shall set out the entrusted matters, authority and duration.

Article XIII  Complaints of incomplete materials, complaints should be received within 3 working days after the complaint material, a one-time written notice to the complainant within 15 working days to make corrections. Correction notice shall contain the need to correct the matter and the period.

Article XIV  Complaints with the following circumstances, the complaint is not accepted by the agency:

(a) the subject of the complaint does not belong to the foreign-invested enterprises, foreign investors;

(b) the application for a coordinated settlement of civil and commercial disputes with other natural persons, legal persons, or between other organizations, or does not belong to the provisions of this approach to the scope of the complaint matters of the foreign-invested enterprises;

(iv) where the complaint material still fails to meet the requirements of Article 11 of these Measures after the complaint organization has been notified of the correction in accordance with the provisions of Article 13 of these Measures;

(v) where the complainant has forged or altered the evidence, or where it is obvious that there is a lack of factual basis for the complaint;

(F) no new evidence or legal basis, repeated complaints to the same complaints to the work of the organization;

(G) the same complaint has been accepted by the superior complaints work of the organization or the processing of the end;

(H) the same complaint has been accepted by the letter and visit and other departments to accept or deal with the end of the matter;

(IX) the same complaint has been entered or finished Administrative reconsideration, administrative litigation and other procedures.

Article 15  Complaints of the work of the organization received a complete and complete complaint materials, should be within three working days to make a decision on whether to accept.

Conforms to the conditions for acceptance of complaints, shall be accepted and issued to the complainant notice of acceptance of complaints.

Does not meet the conditions for acceptance of the complaint, the complaint work organization shall be issued within three working days to the complainant notice of inadmissibility and the reasons for inadmissibility. Belonging to the circumstances of Article 14 (3), the complaint working body may inform the complainant to the relevant complaint working body to file a complaint.

Chapter III Complaints

Article 16  Complaints of the work of the agency in the acceptance of the complaint, should be fully communicated with the complainant and the person being complained about, to understand the situation, according to the law to coordinate the handling of the complaint, to promote the proper resolution of the matter.

Article 17  Complaints of the work of the complaint handling organization, may require the complainant to further explain the situation, provide materials or provide other necessary assistance, the complainant shall be assisted; complaints can be made to the work of the organization to the complainant to learn about the situation, the complainant shall be cooperated with.

According to the specific circumstances of the complaint, the complaint body can organize a meeting, invite the complainant and the complainee to participate in stating their views and discussing the solution to the complaint. Complaints working body according to the needs of the complaint handling work, you can listen to the relevant experts on professional issues.

Article 18  According to the complaints of different situations, the complaint handling organization can take the following ways to deal with:

(a) to promote the complainant and the person under complaint to reach an understanding (including reaching a settlement agreement);

(b) and the person under complaint to coordinate;

(c) the people's government above the county level and its (C) submit proposals to the people's governments at or above the county level and their relevant departments to improve the relevant policies and measures;

(D) other ways of dealing with the complaint as deemed appropriate by the organization working on the complaint.

Where a settlement agreement is signed by the complainant and the person being complained against, the matters and results of the settlement shall be stated. The settlement agreement concluded in accordance with the law is binding on the complainant and the respondent. The respondent does not fulfill the effective settlement agreement, in accordance with the provisions of Article 41 of the Regulations for the Implementation of the Law of the People's Republic of China on Foreign Investment.

Article 19  Complaints should be accepted within 60 working days from the date of the complaint complaint matters. Involving many departments, the complexity of the complaint matters, may be appropriate to extend the processing period.

Article 20  One of the following circumstances, the end of the complaint processing:

(a) the complaint body in accordance with Article 18 of the coordinated processing, the complainant agreed to end;

(b) the complaint does not correspond to the facts of the matter, or the complainant refused to provide materials that lead to failure to identify the relevant facts;

(iii) the complainant's claim has no legal basis;

(iv) the complainant withdraws the complaint in writing;

(v) the complainant no longer meets the qualifications of the subject of the complaint;

(vi) the complainant does not participate in the work of handling the complaint for 30 days in a row without any justifiable reason after being contacted by the organization that is working on the complaint.

During the complaint handling period, the circumstances listed in Article 14 (7) (8) (9) of these measures, the complainant is deemed to have withdrawn the complaint in writing.

After the complaint processing is finalized, the complaint work organization shall within three working days of the complaint processing results in writing to the complainant.

Article 21  Complaints from the date of acceptance of one year failed to deal with the end of Article 20 of these measures, the complaint work agencies should be timely to the people's government at this level to report on the situation, the relevant work recommendations.

Article 22  Complaints of the local complaints body to make inadmissible decisions or complaints processing results have objections, the original complaint can be complained about the matter of the complaint level by level to the higher level of the complaints body. Complaints of the higher working body can be based on the agency's complaint work rules to decide whether to accept the original complaint matters.

Article 23  Complaints of the work of the agency shall establish and improve the internal management system, according to law to take effective measures to protect the complaint handling process known as the complainant's trade secrets, confidential business information and personal privacy.

Chapter IV Complaints Management System

Article 24  Complaints shall be established by the agency complaint file management system, timely, comprehensive and accurate records of complaints about the acceptance and handling of the situation, according to the annual archives. Complaints file and related information should be retained for more than 10 years, the national or international complaints have a significant impact on the file should be retained for a long time.

Article 25   District and municipal complaints agencies should be reported every two months to the Yantai City complaints agency complaints, including the number of complaints received, the progress of processing, has been dealt with the details of the final complaint matters and related policy recommendations.

Article 26  The districts and cities in the complaint handling process, found that the relevant local or departmental work there are general problems, or the relevant normative documents exist in violation of the provisions of the law or the situation is clearly inappropriate, can be reflected to the Yantai City Bureau of Commerce and put forward to improve policy measures recommended by the Yantai Municipal Bureau of Commerce summarized submitted to the Shandong Provincial Department of Commerce. Department of Commerce of Shandong Province.

Article 27  Yantai City Bureau of Commerce to supervise the work of the districts and cities to establish a regular inspection system to the people's governments of the districts and cities to inform the work of the complaints and, as appropriate, to the public.

Chapter V  Attachment  Rules

Article 28  Complaints about the work of the agency and its staff in the handling of foreign-invested enterprises in the process of abuse of power, dereliction of duty, favoritism and malpractice, or divulging, unlawfully providing others with the complaint handling process of knowledge of commercial secrets, confidential business information and personal privacy. According to the "People's Republic of China Foreign Investment Law" the provisions of Article 39 to deal with.

Article 29  Complainants through the foreign investment complaints mechanism to reflect or apply for coordination to solve the problem, any unit or individual shall not be suppressed or retaliation.

Article 30  Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan investors and Chinese citizens settled in foreign countries invested in enterprise complaints, with reference to this approach.

Article 31  This approach is responsible for the interpretation of the Yantai Municipal Bureau of Commerce.

Article 32  These Measures shall come into force on July 1, 2021, and shall be valid until June 30, 2026.

Article 32  These Measures shall come into force on July 1, 2021, and shall be valid until June 30, 2026.

The Measures for Handling of Complaints about Foreign Investment in Yantai and the Working Mechanism for Complaints about Foreign Investment in Yantai issued by Yantai Municipal People's Government Office (Yantai Zhengban Zi [2019] No. 46) on September 10, 2019, shall be abolished simultaneously.


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