Provisional Measures of the Ministry of Commerce on Handling Complaints Lodged by Foreign-Invested Enterprises (Chinese and English Text)
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Additional Laws and Regulations
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The following translation and Chinese text were retrieved from the Ministry of Commerce Web site on September 27, 2006.
Ministry of Commerce Decree No. 2 2006, promulgating Provisional Measures of the Ministry of Commerce on Handling Complaints Lodged by Foreign-Invested Enterprises Tuesday,October 10,2006 Posted: 09:31 BJT(0131 GMT) CAITEC 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. (All information published in this website is authentic in Chinese. English is provided for reference only. )
Ministry of Commerce Decree No. 2 2006, promulgating Provisional Measures of the Ministry of Commerce on Handling Complaints Lodged by Foreign-Invested Enterprises Tuesday,October 10,2006 Posted: 09:31 BJT(0131 GMT) CAITEC 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. (All information published in this website is authentic in Chinese. English is provided for reference only. )
Title (Chinese)
商务部外商投资企业投诉工作暂行办法
Body (Chinese)
商务部令2006年第2号 公布《商务部外商投资企业投诉工作暂行办法》2006-09-28 10:41 文章来源：商务部 办公厅文章类型：原创 内容分类：政策 【发布单位】商务部 【发布文号】商务部令2006年第2号 【发布日期】2006-09-01 【实施日期】2006-10-01 《商务部外商投资企业投诉工作暂行办法》已于2006年5月17日经商务部第5次部务会议审议通过，现予以公布，自2006年10月1日起施行。 部长：薄熙来 二○○六年九月一日--------------------------------------------------------------------------------------商务部外商投资企业投诉工作暂行办法 第一条 为及时有效地受理外商投资企业投诉，维护外商投资企业及其投资者的合法权益，促进外商投资企业健康发展，进一步改善外商投资环境，根据有关法律、法规和我国外商投资企业投诉工作的实际情况，特制定外商投资企业投诉工作暂行办法。 第二条 本办法所称外商投资企业投诉，是指在我国境内的外商投资企业及其投资者（以下统称投诉人），认为其合法权益受到行政机关行政行为的侵害，提请投诉受理机构进行协调解决，或反映情况、提出建议、意见或请求，由投诉受理机构依法进行协调处理的行为。 第三条 投诉人投诉应遵循诚实、自愿、合法的原则，应如实反映投诉事实，提供相应证据，并对投诉受理机构进行调查工作提供积极协助。 第四条 投诉受理机构应遵循公平、公正、合法的原则，依据相关法律、法规和本办法的规定处理投诉。 第五条 全国外商投资企业投诉中心和地方各级政府具有受理职能的部门（以下统称地方投诉受理机构）依据实际情况受理外商投资企业投诉。 全国外商投资企业投诉中心负责受理外商投资企业直接投诉至全国外商投资企业投诉中心的事项，受理跨省市外商投资企业投诉事项和影响重大的外商投资企业投诉事项，负责与全国外商投资企业投诉工作相关的培训、调研及管理、协调工作。 地方投诉受理机构负责受理本地外商投资企业投诉事项，受理全国外商投资企业投诉中心转交或督办的投诉事项。 投诉被受理后，原则上由投诉事项发生地的当地机构处理解决。投诉受理机构在受理投诉后，应该调查情况，反馈信息，予以协调。 第六条 商务部外商投资企业投诉协调办公室负责协调、指导和监督全国外商投资企业投诉工作，负责处理由全国外商投资企业投诉中心提交的涉及部门和行业过多、需要召开部际协调会议加以解决的外商投资企业投诉，制订解决争议的政策原则，完善相关法律法规规定。 第七条 投诉人提出投诉时，应向投诉受理机构提交书面投诉材料，其中应列明投诉事项基本情况、相关证据材料、联系人和联系方式等。 投诉材料应当用中文书写。 第八条 投诉受理条件： （一）有明确的投诉对象和投诉请求； （二）符合投诉主体资格； （三）有具体的投诉事实、理由并附有相关证据材料； （四）属于本办法规定的投诉事项范围。 第九条 以下投诉事项不予受理： （一）已经进入或者完成司法程序、行政复议程序和仲裁程序的； （二）已由纪检、监察、信访等部门受理的； （三）已经或正在由投诉受理机构受理的； （四）匿名投诉； （五）其他不符合投诉受理条件的。 第十条 投诉处理程序： （一）审查投诉材料。投诉受理机构接到投诉人的投诉后，在5个工作日内向投诉人做出是否受理的决定。经投诉受理机构审查，认为符合投诉受理条件的，应予以受理并向投诉人发出投诉受理通知书；不符合投诉受理条件的，投诉受理机构应于5日内向投诉人发出不予受理通知书（注明不予受理的理由），退回投诉材料；对需要进一步补充完善投诉材料的，投诉受理机构应于5日内通知投诉人予以补充完善。 （二）投诉受理登记。投诉受理机构对受理的投诉应及时办理受理登记，建立卷宗，并标明受理日期。 （三）通知被投诉人。 （四）处理投诉。投诉受理机构应在30个工作日内办理完结受理的投诉事项，因争议或纠纷事实复杂、当事人不配合投诉受理机构工作或其他原因，导致投诉事项处理工作无法在30个工作日内完成的，应及时通知投诉人。 （五）投诉处理完结后，将投诉处理结果通知投诉人。 （六）进行结案登记。 第十一条 投诉处理应采取以下方式： （一）出具意见书。投诉受理机构依据事实和有关法律法规规定，向投诉人和有关部门提出处理建议，促使投诉事项得以解决。 （二）同有关部门进行行政协调。 （三）移交当地投诉受理机构或转交相关部门处理。 （四）其他适当的处理方式。 第十二条 有下列情况之一的，投诉处理终结： （一）按照第十一条规定处理完毕的； （二）经协调、调解，投诉事项由当地投诉受理机构或相关部门予以解决的； （三）当事人就投诉事项向仲裁机构申请仲裁、向法院提起诉讼或申请行政复议的； （四）经核实，投诉事项与事实不符的； （五）投诉人申请撤回投诉的； （六）投诉人不予配合，并拒绝提供真实情况的； 第十三条 投诉受理机构应保守投诉人的商业秘密，法律规定的特殊情形除外。 第十四条 投诉受理机构工作人员应当恪尽职守、秉公办事，及时妥善协调处理投诉事项。 第十五条 商务部外商投资企业投诉协调办公室设在商务部外国投资管理司，全国外商投资企业投诉中心设在商务部投资促进事务局。 第十六条 本办法由中华人民共和国商务部负责解释。 第十七条 本办法自2006年10月1日起施行。