The Measures for Working on Complaints by Foreign-invested Enterprises, which were deliberated and adopted at the 29th ministerial meeting of the Ministry of Commerce on August 18, 2020, are hereby promulgated and shall come into force as of October 1, 2020.

　　Zhong shan,

　　August 25, 2020

　　Measures for Complaints by Foreign-funded Enterprises

　　Chapter I General Provisions

　　Article 1 These measures are formulated in accordance with the Foreign Investment Law of the People's Republic of China and the Regulations for the Implementation of the Foreign Investment Law of the People's Republic of China for the purpose of timely and effective handling of complaints by foreign-invested enterprises, protecting the legitimate rights and interests of foreign investors, and continuously optimizing the environment for foreign investment.

　　Article 2 The term "complaint by foreign-invested enterprises" as mentioned in these Measures refers to:

　　(a) of enterprises with foreign investment, foreign investors (hereinafter generally referred to as the complainant) think that administrative organs (including the empowered by laws and regulations to manage public affairs organization) and its workers (hereinafter generally referred to as the complainant) administrative ACTS infringe upon their legitimate rights and interests, apply to the complaints of agency for coordinating to solve behavior;

　　(2) The complainant reports the problems existing in the investment environment to the complainant handling office and suggests the improvement of relevant policies and measures.

　　The complaint working organs mentioned in the preceding paragraph refer to the departments or institutions designated by the Ministry of Commerce and the local people's governments at or above the county level in charge of accepting complaints from foreign-invested enterprises.

　　The term "complaint by foreign-invested enterprises" as mentioned in these Measures does not include the acts of applying for coordination and settlement of civil and commercial disputes between foreign-invested enterprises and foreign investors and other natural persons, legal persons or other organizations.

　　Article 3 The complaint handling office shall adhere to the principles of fairness, justice, legality and responsibility at different levels, timely deal with the problems reported by the complainants, and coordinate and improve the relevant policies and measures.

　　Article 4 The complainant shall truthfully report the facts of the complaint, provide evidence, and actively assist the complaint handling office in handling the complaint.

　　Article 5 The Ministry of Commerce, together with the relevant departments of the State Council, shall establish the inter-ministerial joint meeting system for the complaints of foreign-invested enterprises (hereinafter referred to as the joint meeting), to coordinate and promote the complaints of foreign-invested enterprises at the central level, and to guide and supervise the complaints of local foreign-invested enterprises. The Office of the Joint Conference is located in the Department of Foreign Investment Management of the Ministry of Commerce. It undertakes the routine work of the Joint Conference and guides and supervises the work of the National Complaint Center for Foreign-invested Enterprises.

　　Article 6 The Ministry of Commerce is responsible for handling the following complaints:

　　(1) administrative acts involving relevant departments under the State Council, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and their staff members;

　　(2) Suggesting relevant departments under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to improve relevant policies and measures;

　　(3) those which have major national or international influence and which MOFCOM deems can be handled by them.

　　The Ministry of Commerce shall establish the National Complaint Center for Foreign-funded Enterprises (hereinafter referred to as the National Complaint Center for Foreign-funded Enterprises temporarily located in the Bureau of Investment Promotion of the Ministry of Commerce) to handle the complaints specified in the preceding paragraph.

　　The National Complaint Center for Foreign Investment organizes publicity of policies and regulations related to foreign investment, conducts training on complaints of foreign-invested enterprises, popularizes experience in handling complaints, puts forward relevant policy suggestions, urges local governments to do a good job in the complaints of foreign-invested enterprises, and actively prevents the occurrence of complaints.

　　Article 7 Local people's governments at or above the county level shall designate departments or agencies (hereinafter referred to as local complaint working organs) to be responsible for the handling of complaints. The local complaint handling office shall perfect the complaint working rules, perfect the way of complaint, and clarify the scope of complaint acceptance and the time limit for complaint handling.

　　Local complaint working organs accept complaints from complainants about administrative acts of local administrative organs and their staff and suggestions to improve relevant policies and measures in their respective areas.

　　Article 8 Where a complainant applies for a coordinated settlement of a dispute with an administrative organ in accordance with the provisions of these Measures, it shall not affect its right to file administrative reconsideration, administrative litigation and other procedures within the legal time limit.

　　Article 9 The chambers of commerce and associations prescribed in Article 27 of the Foreign Investment Law of the People's Republic of China may, by reference to these Measures, report to the complaint handling office the problems in the investment environment raised by the members, and submit specific suggestions on policies and measures.

　　Chapter ii submission and acceptance of complaints

　　Article 10 A complainant shall submit written materials for a complaint. Complaint materials can be submitted on the spot, or by letter, fax, E-mail, online application, etc.

　　The complaint handling organs at all levels shall publish their addresses, telephone and fax numbers, E-mail addresses, websites and other information so as to facilitate the filing of complaints by complainants.

　　Article 11 For complaints under the provisions of Item (1) of Paragraph 1 of Article 2 of these Measures, the complaint materials shall include the following contents:

　　(1) the name, mailing address, postcode, relevant contacts and contact information of the complainant, material of the subject's qualification certificate, and the date of lodging the complaint;

　　(2) the name, mailing address, postcode, relevant contacts and contact information of the complainant;

　　(3) a clear list of the matters and requests for complaint;

　　(4) The relevant facts, evidence and reasons may be provided together with the relevant legal basis;

　　(5) Whether there is an explanation of the circumstances listed in Item (7), (8) and (9) of Article 14 of these Measures.

　　For complaints as provided in Item (2) of Paragraph 1 of Article 2 of these Measures, the materials for complaints shall include the information as provided in Item (1) of the preceding paragraph, the relevant problems existing in the investment environment and suggestions on specific policies and measures.

　　The complaint materials shall be written in Chinese. If the original relevant evidence and materials are written in a foreign language, an accurate and complete Chinese translation shall be submitted.

　　Article 12 A complainant may entrust others to lodge a complaint. If the complainant entrusts others to make a complaint, in addition to the materials provided for in Article 11 of these Measures, the complainant's identity certificate, the power of attorney issued and the identity certificate of the trustee shall also be submitted to the complaint handling office. The power of attorney shall specify the matters entrusted, the scope of authority and the time limit.

　　Article 13 If the complaint materials are not complete, the complaint handling office shall, within 7 working days after receiving the materials, notify the complainant in writing in one lump sum to make corrections within 15 working days. The notice shall specify the matters that need to be supplemented and the time limit for correction.

　　Article 14 The complaint handling office shall not accept a complaint under any of the following circumstances:

　　(1) The complaint subject is not a foreign-invested enterprise or a foreign investor;

　　(2) applying for coordination and settlement of civil and commercial disputes with other natural persons, legal persons or other organizations, or not within the scope of complaints by foreign-invested enterprises as stipulated in these Measures;

　　(3) The complaints do not fall within the handling scope of the complaint handling office;

　　(4) The complaint materials still fail to meet the requirements of Article 11 of these Measures after being notified by the complaint handling organ to make corrections in accordance with Article 13 of these Measures;

　　(5) where the complainant falsifies or alters evidence or apparently lacks factual basis;

　　(6) repeating a complaint to the same complaint handling office without new evidence or legal basis;

　　(7) The same complaint has been accepted or handled by the complaint handling organ at a higher level;

　　(8) The same complaint has been accepted or the handling of the complaint reporting department has been concluded;

　　(9) the same complaint has entered or completed the administrative reconsideration or administrative litigation, etc.

　　Article 15 The complaint handling office shall make a decision whether to accept or not within 7 working days upon receiving complete and complete materials for complaint.

　　If the complainant meets the requirements for accepting the complaint, it shall accept the complaint and issue a notice to the complainant.

　　If the complainant does not meet the requirements for complaint acceptance, the complaint handling office shall, within 7 working days, send a notice of rejection to the complainant and explain the reasons for rejection. In the case of Item (3) of Paragraph 1 of Article 14 of these Measures, the complaint handling office may advise the complainant to lodge a complaint with the relevant complaint handling office.

　　Chapter III Handling of Complaints

　　Article 16 The complaint handling office shall, after accepting a complaint, fully communicate with the complainant and the complainee, understand the situation, coordinate the handling according to law, and promote the proper settlement of the complaints.

　　Article 17 The complaint handling office may, in handling complaints, request the complainant to further explain the situation, provide materials or provide other necessary assistance, which the complainant shall provide. The complaint handling office may ask the complainee for information, and the complainee shall cooperate.

　　The complaint handling office may, according to the specific circumstances of the complaint, organize a meeting to invite both the complainant and the complainee to participate in the meeting to state their opinions and explore solutions to the complaint. The complaint handling office may, according to the needs of the complaint handling work, solicit the opinions of relevant experts on professional issues.

　　Article 18 The complaint handling office may handle the matter in the following ways according to different circumstances of the complaint:

　　(1) to promote the complainant and the respondent to reach an understanding (including a settlement agreement);

　　(2) to coordinate with the respondent;

　　(3) To submit suggestions on improving relevant policies and measures to the people's governments at or above the county level and their relevant departments;

　　(4) Other means of handling as deemed appropriate by the complaint handling office.

　　Where the complainant and the respondent have signed a settlement agreement, the matters and results of the settlement shall be clearly stated. A lawfully concluded settlement agreement shall be binding on the complainant and the respondent. If the respondent fails to perform the effective settlement agreement, it shall be dealt with in accordance with Article 41 of the Regulations for the Implementation of the Foreign Investment Law of the People's Republic of China.

　　Article 19 The complaint handling office shall, within 60 working days from the date of accepting the complaint, settle the complaints it has accepted. For complicated complaints involving many departments, the time limit for handling may be appropriately extended.

　　Article 20 The complaint handling shall be terminated under any of the following circumstances:

　　(1) The complaint handling office conducts coordinated handling according to Article 18 of these Measures, and the complainant agrees to terminate the operation;

　　(2) the complaint is inconsistent with the facts, or the complainant refuses to provide the materials, which makes it impossible to ascertain the relevant facts;

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

　　(4) the complainant withdraws his complaint in writing;

　　(5) the complainant no longer meets the qualification of the subject of the complaint;

　　(6) The complainant does not participate in the complaint handling work for 30 consecutive days without justified reasons after being contacted by the complaint handling office.

　　During the period of complaint handling, if any of the circumstances listed in Item (7), (8) and (9) of Article 14 of these Measures occur, the complainant shall be deemed to have withdrawn the complaint in writing.

　　After the completion of complaint handling, the complaint handling office shall inform the complainant in writing of the result of complaint handling within 3 working days.

　　Article 21 If a complaint has not been settled in accordance with Article 20 of these Measures for one year from the date of acceptance, the complaint handling office shall timely report the relevant situation to the people's government at the same level and put forward relevant suggestions.

　　Article 22 If a complainant has any objection to the decision of rejection made by the local complaint handling office or to the result of the handling of a complaint, he may file a complaint, level by level, with the complaint handling office at a higher level on the original matter of complaint. The superior complaint working organ may decide whether to accept the original complaint or not according to its own complaint working rules.

　　Article 23 The complaint handling office shall establish and improve the internal management system, and take effective measures according to law to protect the complainant's business secrets, confidential business information and personal privacy that it has come to know in the process of handling complaints.

　　Chapter IV Management System for Complaint Work

　　Article 24 The complaint handling office shall establish a complaint file management system, keep timely, comprehensive and accurate records of the acceptance and handling of relevant complaints, and file them on an annual basis.

　　Article 25 The local complaint handling office shall, every two months, report to the complaint handling office at the next higher level the work of the complaints, including the number of complaints received, the progress of handling, the detailed information of the completed complaints handled and the relevant policies and suggestions, etc.

　　The complaint handling organs of the provinces, autonomous regions and municipalities directly under the Central Government shall, within seven working days in advance of an even month, report to the National Complaint Center for Foreign Investment the complaints work of their respective regions in the previous two months, which shall be collected and submitted by the National Complaint Center for Foreign Investment to the joint conference office.

　　Article 26 complaints of local institutions in the process of dealing with complaints, found the universal problems existing in the local or departmental work, or the relevant regulatory documents exist in violation of the provisions of laws or obvious inappropriateness of the situation, can complain to the foreign national center reflect and put forwards the suggestion of perfecting the policy measures, by the national foreign complaints centre summary and submit the joint office.

　　Article 27 The National Complaint Center for Foreign Investment shall urge and urge the provinces, autonomous regions and municipalities directly under the Central Government to make complaints, establish a system of regular supervision, inform the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government of the status of the complaint work, and publicize the situation to the public as appropriate.

　　Article 28 the complaint center with foreign capital shall according to the annual joint conference office to submit the protection of the rights and interests of enterprises with foreign investment proposal, summary of enterprises with foreign investment, foreign investors, chamber of commerce, association, the related localities and departments to reflect, major issues, policy Suggestions of the typical case, put forward to strengthen the investment protection, improve the investment environment.

　　Chapter V Supplementary Provisions

　　Complaints of article 29 of the institutions and their staff in dealing with complaints of enterprises with foreign investment in the process of abusing authority, dereliction of duty, practice favoritism, or leaks, illegal complain to others during the processing of knowledge of business secret and confidential business information and the privacy of personal information, according to the law of the People's Republic of China on foreign investment law "article 39 of the regulations.

　　Article 30 No unit or individual may suppress or retaliate against complainants who report or apply for coordination to solve problems through the working mechanism for complaints against foreign investment.

　　Article 31 Complaints by investors from Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan region and enterprises invested by Chinese citizens residing abroad shall be handled with reference to these Measures.

　　Article 32 The power to interpret these measures rests with the Ministry of Commerce.

　　Article 33 These Measures shall come into force as of October 1, 2020. The Interim Measures of the Ministry of Commerce on Complaints by Foreign-invested Enterprises promulgated by the No. 2 Decree of the Ministry of Commerce on September 1, 2006 shall be repealed at the same time.

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