Provisional Measures of the Ministry of Commerce on Handling Complaints Lodged by Foreign-Invested Enterprises were adopted at the 5th Ministerial Conference of the Ministry of Commerce on May 17, 2006. These Measures are hereby promulgated and shall be implemented as of October 1, 2006.
Minister: Bo Xilai
September 1, 2006
Provisional Measures of the Ministry of Commerce on Handling Complaints Lodged by Foreign-Invested Enterprises
Article 1 Provisional Measures of the Ministry of Commerce on Handling Complaints Lodged by Foreign-Invested Enterprises are formulated in accordance with relevant laws, regulations and actual situation of handling complaints of foreign-invested enterprises in our country for the purposes of handling complaints lodged by foreign-invested enterprises effectively in time, safeguarding the legitimate rights and interests of foreign-invested enterprises and their investors, promoting the healthy development of foreign-invested enterprises, improving further the investment environment for foreign tradesmen.
Article 2 Complaints lodged by foreign-invested enterprises in terms of these Measures refers to the behaviours that the foreign-invested enterprises and their investors within the territory of our country (hereinafter referred to as “the complainants”), when they think their legitimate rights and interests are harmed by the administrative behaviours, submit their complaints to the complaint-accepting organs for settlement through coordination, or report the facts, put forward suggestions, opinions or requests which shall be coordinated and handled by the complaint-accepting organ in accordance with laws.
Article 3 A complainant shall make complaints according to the fact, provide corresponding evidence and give positive assistance to the complaint-accepting organs on the investigation in the principles of honest, volunteer and lawfulness.
Article 4 The complaint-accepting organs shall handle complaints in the principles of fairness, justice and lawfulness in accordance with the provisions of corresponding laws, regulations and these Measures.
Article 5 National Complaint Center for Foreign-invested Enterprises and the departments having the function of handling the complaints of the local governments at all levels (hereinafter referred to as local complaint-accepting organs) shall handle the complaints lodged by foreign-invested enterprises according to the actual situation.
National Complaint Center for Foreign-invested Enterprises is responsible for handling the complaints directly lodged by foreign-invested enterprises to National Complaint Center, the complaints lodged by trans-provincial foreign-invested enterprises and the complaints exerting a significant influence lodged by foreign-invested enterprises, and training, investigation, management and coordination relating to the complaints lodged by nationwide foreign-invested enterprises.
Local complaint-accepting organs are responsible for handling the complaints lodged by foreign-invested enterprises in this area, handling the complaints delivered or supervised by National Complaint Center for Foreign-invested Enterprises.
After being accepted, the complaints shall be handled in principle by local organ in the location where the complaints are lodged. The complaint-accepting organ shall, after accepting the complaints, make investigations, feedback information and make coordination.
Article 6 The complaint coordination office for foreign-invested enterprises of the Ministry of Commerce is responsible for coordination, guidance and supervision of the complaints lodged by nationwide foreign-invested enterprises, handling the complaints involving too many departments and industries and needing to be solved through a ministerial coordination meeting lodged by foreign-invested enterprises and submitted by National Complaint Center for Foreign-invested Enterprises, making policies and principles for settling the dispute, perfecting corresponding laws and regulation.
Article 7 A complainant shall, when bring a law-suit, submit written complaint materials to the complaint-accepting organ. Basic information of the complaints, corresponding evidence, contact person and mode shall be clarified in the materials.
The complaint materials shall be written in Chinese.
Article 8 The requirements for accepting a complaint:
Having definite complaint target and complaint requirements;
Being qualified for the main body of the complaint;
Having concrete facts, reasons for the complaint, and corresponding evidence shall be enclosed;
Being subject to the range of the complaints stipulated in these Measures.
Article 9 Following complaints shall not be accepted:
Having entered or completed the procedures of justice, reconsideration and arbitration;
Having been accepted and handled by the departments of discipline inspection, supervision and correspondence and visitation;
Having been or being handled by a complaint accepting organ;
Complaints under an assumed name;
Other complaints that do not meet with the requirements of accepting the complaints.
Article 10 Procedures for handling a complaint:
Examining complaint materials. The complaint-accepting organs shall, after receiving a complainant’s complaints, tell the complainant their decision on whether or not to handle the complaints within 5 working days. The complaint-accepting organs shall, after the examination, handle the complaints meeting the requirements and send a notice of handling the complaints to the complainant. To the complaints that do not meet the requirements, the complaint-accepting organs shall send a notice of not handling the complaints to the complainant within 5 days (The reasons why the complaints could not be handled shall be given), and return the complaint materials. If the complaint materials need to be replenished, the complaint-accepting organs shall inform the complainant within 5 days to supplement the materials.
Registration for handling the complaints. To the accepted complaints, the complaint-accepting organs shall make a registration, set up a file and indicate the date of accepting the complaints in time.
Informing the defendant.
Handling the complaints. A complaint-accepting organ shall solve a complaint within 30 working days. If it could not solve a complaint within 30 working days, it shall inform the complainant in time.
After a complaint is solved, the complainant shall be informed of the result.
Make a registering for settlement.
Article 11 Following ways shall be taken for handling a complaint:
Issuing a suggestion letter. The complaint-accepting organs shall put forward suggestions how to handle the complaints to the complainant and relative department according to the facts and relevant provisions of laws and regulations in order to help them solve the complaint.
Make administrative coordination with relevant departments.
Deliver the complaint to local complaint-accepting organ or relevant department for settlement.
Other proper ways to handle the complaints.
Article 12 A complaint shall be handled to an end in case of one of following circumstances:
Solved in accordance with Article 11;
Solved by local complaint-accepting organ or relevant department through coordination or arbitration;
The litigant has made an application to the arbitration organ for arbitration, to the court for bring a lawsuit or administrative reconsideration;
After verification, the complaint does not accord with the facts;
The complainant has applied for withdrawing the complaint;
The complainant refused to be cooperative and refused to tell the truth.
Article 13 The complaint-accepting organs shall keep business secret for the complainant except for the special circumstances stipulated by laws.
Article 14 The staffs of a complaint-accepting organ shall be whole-heartedly devoted to their duties, act impartially, and handle the complaint properly in time.
Article 15 The Complaint Coordination Office of the Ministry of Commerce for Foreign-invested enterprises is under Foreign-invested Administration Bureau of the Ministry of Commerce. National Complaint Center for Foreign-invested Enterprises is under Bureau of investment Promotion Affaire of the Ministry of Commerce.
Article 16 The interpretation of these Measures is vested in the Ministry of Commerce of the People’s Republic of China.
Article 17 These Measures shall come into effect as of October 1, 2006.