Home >

Complaint And Handling Method For Foreign Invested Enterprises (Hangzhou) Template

2014/1/21 16:28:00 121

??? 日本語 Fran?ais English 中文

Foreign Businessmen Investment Complaints

Article 1 These measures are formulated in order to further improve the foreign investment environment in Hangzhou, deal with complaints from foreign invested enterprises in a timely manner, and safeguard and protect the lawful rights and interests of foreign invested enterprises and Chinese and foreign investors.

second the complaint of foreign invested enterprises referred to in these Measures refers to the foreign-invested enterprises (hereinafter referred to as complainants) approved by the law within the limits of the Hangzhou Municipality (including the counties or cities). In the event of the organization's liquidation, such as investment, construction, production, operation and enterprise's early termination of the contract or after the expiration of the joint venture, there appears to be a disagreement with the relevant units and personnel, or a major problem that is difficult for the enterprise to solve, and it is requested to bring the relevant competent authorities of the government (hereinafter referred to as the complaint agency) to coordinate the settlement.

third Hangzhou foreign investment enterprise coordination group (hereinafter referred to as the coordination group) is responsible for guiding and coordinating the complaint handling work of foreign-invested enterprises.

The coordination group set up an office in the Hangzhou foreign economic and Trade Commission as a permanent administrative body of the coordination group.

Fourth < a href= "http://www.91se91.com/news/list.aspx Classid=101112107105" > coordination group < /a > in dealing with complaints from foreign invested enterprises, the main responsibilities are:

(1) deciding the procedures and methods for accepting complaints from foreign invested enterprises:

(two) to guide the complaints of foreign invested enterprises and the handling methods of the complaints institutions;

(three) to check and urge the agencies to accept complaints from foreign invested enterprises;

(four) coordinate the handling of major problems which are difficult to be resolved in complaints by foreign invested enterprises;

(five) regularly or periodically inform the complaint agency about the handling of complaints;

(six) is responsible for the higher authorities concerned to reflect matters that belong to the higher authorities' terms of reference.

fifth administrative departments in charge of foreign investment enterprises, municipal committees, offices, bureaus and bureaus of the Municipal People's governments, and the people's governments of the urban areas and counties (cities) of this Municipality shall designate specific institutions for handling complaints, provide full-time or part-time staff members, publish the scope of prosecution, and report to the coordinating group for the record.

sixth main responsibility of each complaint organ:

(1) according to the characteristics of the business of the system, the procedures for handling complaints are formulated;

(two) accepting, pferring, registering, processing and responding to complaints from foreign invested enterprises.

seventh staff members of a complaint agency shall have the following conditions:

(1) stick to the principles and correctly handle foreign investment related matters;

(two) be familiar with the business and understand the international practice;

(three) be familiar with laws, regulations, rules and policies.

eighth complainants can directly complain to the relevant prosecution institutions in accordance with the scope of complaints in article second of these measures.

Investors from overseas invested enterprises or administrative heads of the enterprises may entrust representatives of the organizers of foreign investment projects in this Municipality to lodge complaints.

when a complainant complains to a complaint agency, he can send the complaint to the office of the coordination group for the record.

ninth complaints should be written in written form.

Anonymous complaints will not be accepted.

tenth < a href= "http://www.91se91.com/news/list.aspx Classid=101112107107" > complainant < /a > should reflect the situation truthfully, the content of complaint should be detailed, specific and definite, and the relevant materials that are easy to be handled by the complaint agency.

eleventh, the principle of one suit and one action is involved in a complaint, involving the same body of action, or counting and complying.

twelfth the principle of handling complaints by a complaint agency is:

(1) comply with relevant laws, regulations, regulations and other provisions;

(two) based on facts, taking law as the criterion, as far as possible in line with international practice;

(three) open to the public and strive for standardization.

thirteenth, after receiving complaints, the complaint agency shall reply to the complainant in writing within one month.

if the complainant is complex and can not be completed within one month, the respondent's organization should explain the situation to the complainant. After each month's extension, the complaint shall be informed of the handling of the complaint until the complaint has been disposed of.

fourteenth complainants, if there is any objection to the decision of the handling organ, they may request the coordination group to reconsider in writing within twenty days from the date of receiving the notice of processing the decision.

The coordination group shall make a reconsideration order within one month from the date of receiving the request for reconsideration letter, and urge the relevant departments to carry out the reconsideration order.

> if the complainant's request for reconsideration is covered by a wide range, the situation is complex, the time for the reconsideration of the coordination group may be extended properly, but the complainant should be explained to the complainant who is reconsidering, and the complainant should be informed of the progress of the complainant every month.

fifteenth the prosecution institutions should record the complaint handling results and the times coordination group for the record.

sixteenth, where a complaint agency receives complaints that are not within its scope of processing, the complaint shall promptly be pmitted to the responding body or coordination group, and the complainant shall be informed.

seventeenth, if the complainant directly complains to the coordination group, the coordination group shall promptly pmit the complaint to the concerned institution and inform the complainant.

eighteenth the state administrative organs shall not apply to the administrative reconsideration cases in accordance with the laws, regulations and rules of the state.

the complainant has sued the contents of the complaint to < a href= "http://www.91se91.com/news/list.aspx Classid=101112107101" > People's court < /a >, or submitted to the arbitration agency for adjudication. After the people's court or the arbitration agency agreed to accept the complaint, the complaint was terminated and the complaint agency no longer dealt with it.

Foreign investment enterprises referred to in nineteenth as mentioned in these Measures refer to Sino foreign joint ventures, Sino foreign cooperative ventures and wholly foreign-owned enterprises.

twentieth enterprises that invest in Hangzhou, Hongkong, Macao and Taiwan companies, enterprises and other economic organizations or individuals shall be implemented in accordance with these measures.

twenty-first, the Hangzhou foreign economic and Trade Commission is responsible for the interpretation.

twenty-second measures shall be implemented as of the date of promulgation.