Complaints from foreign-invested enterprises in Shanghai and their handling measures

Article 1 These Measures are formulated in order to improve the foreign investment environment in Shanghai, handle the complaints of foreign-invested enterprises in a timely manner, and safeguard the legitimate rights and interests of Chinese and foreign investors. Article 2 The term "complaints of foreign-invested enterprises" as mentioned in these Measures refers to the behavior of Chinese and foreign investors and related personnel (hereinafter referred to as complainants) who set up foreign-invested enterprises in Shanghai, and ask the relevant government departments (hereinafter referred to as complaint agencies) to coordinate and resolve their differences with relevant units and their staff when they encounter difficulties in their investment, construction, production, operation and liquidation activities. Article 3 A complaint coordination center for foreign-invested enterprises in Shanghai (hereinafter referred to as the coordination center) shall be established to guide the complaints and handling of foreign-invested enterprises in the whole city.

The coordination center is attended by the relevant commissions of the municipal government, and an office is set up in the Shanghai Foreign Investment Committee (hereinafter referred to as the Municipal Foreign Investment Committee). Article 4 The responsibilities of the coordination center are:

(a) to decide on the procedures and methods for accepting and handling complaints from foreign-invested enterprises.

(two) to inspect and urge the complaint handling work of the complained institution.

(3) Coordinating major issues in complaints of foreign-invested enterprises.

(four) regularly report the handling of complaints.

(five) the training and assessment of the staff of the complained institution. Article 5 The people's governments of all districts and counties in this Municipality, the relevant commissions, offices, bureaus and other comprehensive departments of the Municipal People's Government shall designate responding agencies, which may be equipped with full-time or part-time staff as required.

Each responding institution shall publish the list of persons in charge of the institution and the scope of complaints. Article 6. The responsibility of the complained institution is:

(a) according to the characteristics of the business work of this system, to determine the procedures for handling complaints.

(2) Accepting, forwarding, registering, handling and responding to complaints from foreign-invested enterprises. Article 7 The staff of the complained institution shall meet the following conditions:

(a) adhere to the principle of correctly handling foreign investment affairs.

(two) familiar with laws, regulations, rules and policies.

(3) proficient in business.

(4) Understand international practices. Article 8 The complainant mentioned in these Measures refers to:

(1) Foreign-invested enterprises and their administrative heads.

(2) Chinese or foreign investors of foreign-invested enterprises.

(3) Chinese or foreign investors of foreign-invested enterprises in the process of application or approval. Article 9 A complainant may directly complain to the relevant complaint institution according to the contents of the complaint. Investors or administrative leaders of overseas foreign-invested enterprises may entrust foreign-invested project agencies in this Municipality to make complaints.

When the complainant complains to the complained institution, he can also send a copy of the complaint content to the coordination center office for the record. Article 10 Petitioners can write and visit, and anonymous complaints will not be accepted. Eleventh the complainant shall truthfully report the situation, the contents of the complaint shall be specific and clear, and the relevant materials shall be convenient for the respondent to handle. Twelfth complaints to implement the principle of a complaint, involving the same department, but also multiple complaints. Article 13 The principle of complaint handling by the complained institution is as follows:

(a) in accordance with the relevant laws, regulations, rules and other relevant provisions of People's Republic of China (PRC) and this Municipality.

(two) respect for objective facts, as far as possible in line with international practice.

(three) open, and strive to standardize. Article 14 After accepting a complaint, the complained institution shall reply the result to the complainant within one month. If the complaint cannot be handled within one month due to complicated circumstances, the complained institution shall explain the situation to the complainant, and then inform the complainant of the handling of the complaint every month until the complaint is handled. Article 15 If a complainant disagrees with the decision of the complained institution, he may, within ten days from the date of receiving the notice of the decision, request the complained institution to reconsider in writing. The respondent institution shall make a reconsideration decision within 20 days from the date of receiving the complainant's application for reconsideration. Article 16 If the complainant disagrees with the reconsideration decision of the complained institution, he may apply to the coordination center for reconsideration in writing within five days from the date of receiving the reconsideration decision. The coordination center shall make a reconsideration decision within twenty days from the date of receiving the application for reconsideration.

If the complaint content is complex, the coordination center may extend the reconsideration time appropriately, but it shall explain the situation to the reconsideration applicant, and then inform the complainant of the progress of handling and coordination every month. Seventeenth the respondent shall report the complaint or reconsideration results to the coordination center for the record. Eighteenth complaints arising from the complainant's unclear division of responsibilities of the complained institution, the complained institution shall promptly forward the complaint to the relevant complained institution or coordination center and inform the complainant. Article 19 If a complainant complains directly to the coordination center, the coordination center shall promptly forward the complaint to the relevant responding agency and inform the complainant. Article 20 These Measures shall not apply to the investigation and handling of administrative cases of foreign-invested enterprises by relevant administrative organs in accordance with national laws, regulations and rules.

After the complainant complains to the people's court or submits an arbitration award and is accepted, the complaint is terminated and the complained institution will no longer accept it. Article 21 The Municipal Foreign Investment Committee shall be responsible for the interpretation of these Measures. Article 22 These Measures shall be implemented as of 1 February, 9901day.