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Notification on the Issuance of the "Measures for the Administration of Complaints Lodged by Foreign-invested Enterprises in Beijing"

2020-12-23 16:15  

All District People's Governments, the Commissions, Offices and Bureaus of Beijing Municipality concerned,

In order to implement the Foreign Investment Law of the People's Republic of China , the guideline on further improving the utilization of foreign investment (Guo Fa [2019]No. 23), and the Interim Measures of the Ministry of Commerce Concerning Complaints from Foreign-invested Enterprise, optimize the investment environment in Beijing and safeguard the legitimate rights and interests of foreign investors, Beijing Municipal Bureau of Commerce formulate the Measures for the Administration of Complaints Lodged by Foreign-invested Enterprises in Beijing (hereinafter referred to as these "Measures"). These Measures are now hereby issued to you for your compliance.

Upon receiving these Measures, each of the district governments is requested to determine the institution for handling the complaint in its jurisdiction, and each of the Municipal government departments to determine its procedures for that. The contact information shall be noticed to the institution responsible for the work coordination in dealing with the complaints (Beijing Municipal Bureau of Commerce) and the institution responsible for the accepting the complaints (Beijing Investment Promotion Service Center) before December 20.

Please be informed hereby.

Contact person and the telephone number:

Guo Yatian, 01055579291

Foreign Investment Administration Office, Beijing Municipal Bureau of Commerce

Lv Xinghua, 01065544209

Association Affairs Office, Beijing Investment Promotion Service Center

 

 

Annex

Measures for the Administration of Complaints Lodged by Foreign-invested Enterprises in Beijing

Article 1 In order to implement the Foreign Investment Law of the People's Republic of China and the Interim Measures of the Ministry of Commerce Concerning Complaints from Foreign-invested Enterprise and other laws and regulations, improve the mechanism for complaints lodged by foreign-invested enterprises in this city, safeguard the legitimate rights and interests of foreign investors and optimize the business environment, these Measures are hereby formulated.

Article 2 The complaints lodged by foreign-invested enterprises as mentioned in these Measures is refer to the act of the foreign-invested enterprises which are registered in this city and their investors (hereinafter collectively referred to as "complainants") who consider that their legitimate rights and interests have been infringed upon by the administrative acts of the administrative instructions and their staff at all levels in the city and submit a request to the complaint accepting institution for coordination and settlement .

Complaint acceptance institutions refer to the public service institutions established by the government to accept the complaints from complainants in accordance with the law, including the municipal and district complaint acceptance institutions for foreign -invested enterprises.

Article 3 This municipality shall establish a municipal coordination institution and a municipal acceptance institution for complaints lodged by foreign-invested enterprises to jointly handle with the complaints.

The municipal coordination institution for the complaints lodged by foreign-invested enterprises is set up in the Municipal Bureau of Commerce, it is responsible for the coordination, guidance and supervision the work related to the complaints lodged by foreign-invested enterprises in the city, call inter-bureau joint meetings, coordinate major issues in the complaints, develop policies and principles for dispute resolution, report complaints of significant impact to the municipal government, and coordinate with the Complaint Coordination Office for Foreign-invested Enterprises of the Ministry of Commerce.

The municipal acceptance institution for complaints lodged by foreign-invested enterprises is set up in the Municipal Investment Promotion Service Center and carry out the work under the guidance of the municipal coordination institution for the complaints. It is responsible for accepting complaints concerning municipal powers cross-district complaints or complaints of significant impact to the city and complaints forwarded by the National Complaint Center for Foreign-invested Enterprise, report the handling of the complaints on a regular basis, coordinate the work with the National Complaint Center for Foreign-invested Enterprise and the complaint acceptance institutions in all districts in the city.

Article 4 A district complaint acceptance institutions are set up in the district's people's government, and carry out the work under the guidance of the municipal acceptance institution for complaints lodged by foreign-invested enterprises. It is responsible for accepting complaints by the foreign-invested enterprises in its district and complaints forwarded by the municipal acceptance institution.

Article 5 The competent administrative departments at all levels in this municipality shall, in accordance with their respective functions and duties, determine the procedures for handling complaints, and promptly complete the registration, handling and reply of complaints from the foreign-invested enterprises.

Article 6 When lodging a complaint, the complainant shall submit written materials to the complaint acceptance institution by letter or other means of delivery, or directly to the complaint institution. The complaint materials shall list the basic information of the complaint, evidence materials, contact person and contact information and attach the signature and seal of the complainant.

The complaint materials submitted by the complainant shall be written in Chinese or submitted with a Chinese translation that meets the requirements.

The complaint acceptance institution shall publicize the consultation telephone number, correspondence address, E-mail address, reception place and reception time of the complaint acceptance to the public.

If the complaint lodge a complaint through the 12345 citizen service hotline, the relevant provisions shall be followed.

Article 7 The complaint lodged for acceptance shall meet the following conditions:

(1) Qualified as the subject of a complaint;

(2) With clear object of complaint and request

(3) With specific complaint facts, reasons and supporting evidences;

(4) One complaint for one case

(5) Subject to the provisions of these Measures.

Article 8 Each of the following complaint shall not be accepted:

(1) Has entered or completed judicial proceedings, administrative reconsideration procedures or arbitration proceedings;

(2) Has been accepted by the departments for discipline inspection, supervision, complaint correspondence, etc.;

(3) Has been or is being accepted by the complaint acceptance institution;

(4) Anonymous complaints;

(5) Other circumstances that do not meet the conditions for accepting the complaint.

Article 9 Procedures for dealing with complaints:

(1) Upon the receipt of a complaint, the complaint acceptance institution shall review the complaint materials and make a decision to the complaint within 5 working days. If the complaint meets the conditions for acceptance, the institution shall accept the complaint and issue a notice of acceptance to the complainant. If the complaint does not meet the conditions for acceptance, the institution shall issue a notice of rejection to the complainant (indicating the reason for rejection), return the complaint materials and make explanation and persuasion to the complainant. If it is necessary to supplement the complaint materials, the complaint acceptance institution shall notify the complainant to do so, and the time for supplementing the materials shall not be included in the time limit for handling the complaint.

(2) The complaint acceptance institution shall generally end the handling of the complaint within 30 working days after the acceptance of the complaint, and inform the complainant of the handling result .

(3) If assistance of other departments is required for handling the complaint, the complaint acceptance institution shall send letters to the relevant departments within 5 working days. The relevant departments shall inform the acceptance institution of the results within 20 working days from the date of receiving the letter, and the complaint acceptance institution shall inform the complainant of the handling result within 5 working days.

(4) If the handling of a complaint cannot be completed in time due to disputes or complex facts of disputes, or other reasons such as the non-cooperation of the parties, the relevant departments shall promptly give feedback the next working measures and the proposed time completion time to the complaint acceptance institution, and the institution shall timely inform the complainant.

Article 10 The complaint acceptance institution handle the complaint in the following ways:

(1) Make suggestions to the complainant on the basis of facts and relevant laws and regulations to facilitate the resolution of the complaint;

(2) Conduct administrative coordination with relevant departments and, if necessary, apply to the complaint coordination institution for holding an inter-bureau joint meeting;

(3) Forward the complaint to other complaint acceptance institutions or submit it to the Complaint Coordination Office for Foreign-invested Enterprises of the Ministry of Commerce, follow up and give feedback the handling result of the complaint;

(4) Other appropriate treatment.

Article 11 Under any of the following circumstances, a complaint handling shall be terminated:

(1) The complaint shall not be accepted in accordance with the provisions of Article 8;

(2) The handling of the complaint has been completed according to the provisions of Article 9;

(3) The complaint has been forwarded to other institutions or relevant departments to handle after coordination and reconciliation;

(4) Any of a party has applied to an arbitration institution for arbitration, brought a suit to court or applied for administrative reconsiderations of the complaint.

(5) The complaint is found to be inconsistent with the facts after verification by each department;

(6) The complainant applies for withdrawal of the complaint;

(7) The complainant fails to cooperate and refuses to provide true information.

Article 12 After the completion of the complaint handling, if the complainant disagrees with the result of the complaint handling, the complainant may still settle the dispute over the original administrative act through judicial proceedings or administrative reconsideration procedures in accordance with the provisions of relevant laws

Article 13 The complaint acceptance institution shall promptly handle the acceptance registration, filing, archiving and analysis of the complaint, regularly inform the coordination institution and the upper level acceptance institution of the handling situation of the complaint.

Article 14 The complaint acceptance institutions at all levels of this municipality and their staff shall keep confidential the trade secrets and the personal information of the complainants, except for the special circumstances stipulated by law or agreed by the complainants.

Article 15 These Measures shall be interpreted by Beijing Municipal Bureau of Commerce shall come into force as of January 1, 2020.