(Released September 1, 2006 by Ministry of Commerce, 2006 2nd as of October 1, 2006) article effectively accepts foreign-invested enterprises complaints in a timely manner, protect legal rights of foreign-invested enterprises and investors, promote the healthy development of foreign-invested enterprises to further improve the environment for foreign investors, according to relevant laws and regulations and the situation of foreign-funded enterprises in China, provisional measures for the development of foreign-invested enterprises complaints.
    Second foreign-invested enterprises complaints mentioned in these measures refers to foreign-invested enterprises in the country and its investors (hereinafter the complainant), that their legal rights by administrative acts of the executive authorities, drawing attention to solve complaints bodies, or reflect, suggestions, comments or request, coordinated by the Complaints Authority Act.
    Third complaint complaints should follow the principle of honest, voluntary, legal, should faithfully reflect the complaint the facts, provide evidence and conduct investigations of complaints mechanism to provide active assistance.
    Article fourth complaint handling body should follow the principles of fair, just and legitimate, according to the relevant laws and regulations and these rules shall be dealt with complaints.
    Fifth national enterprise with foreign investment complaint Center has accepted function of government departments and local levels (hereinafter referred to as local complaints bodies) according to the actual situation to accept foreign-funded enterprises.
    National complaint Center for foreign-invested enterprises are responsible for accepting foreign-invested enterprises complaints directly to the national complaint Center for foreign-invested enterprises, accepting the trans-provincial or foreign-invested enterprises complaints and significant foreign-invested enterprises complaints, responsible for foreign-invested enterprises complaints-related training, research, management and coordination.
    Local complaints body is responsible for handling complaints of local foreign-funded enterprises to receive foreign investment complaint Center referred to or the handling of complaints. After the complaint was accepted, in principle, by the subject of complaint to the local bodies to solve.
    Complaint handling bodies after the complaint and should be investigated, feedback, to be coordinated.
    Sixth Ministry of Commerce foreign-invested enterprises complaints coordinating office responsible for coordination, guidance and supervision of foreign-invested enterprises, responsible for processing by the national complaint Center for foreign-invested enterprises covering sectors and industries too much required inter-ministerial coordination meetings to address complaints of foreign invested enterprises, policy principles for the resolution of disputes, and improve relevant laws and regulations.
    Article seventh complainants lodge complaints should be submitted a written complaint to the complaint handling body material, which should set out the complaint, relevant evidence, contacts and contacts etc.
    Complaint material should be written in Chinese.
    Article eighth complaint is admissible: (a) have a clear complaint and complaint request; (b) in accordance with complaint qualification and (iii) have specific complaints against the facts, reasons and relevant evidence and (iv) belong to the scope of the complaint as provided herein.
    Nineth complaint inadmissible the following matters: (a) has entered or completed judicial, administrative reconsideration procedure and arbitration proceedings, (ii) has been accepted by the discipline inspection and supervision, monitoring, complaint letters and calls departments; (iii) have been or are being accepted by the complaints body; (d) anonymous complaints, and (v) other complaints conditions are not met. Article tenth complaint handling procedures: (I) review the complaint material. Complaints after the Agency received a complaint from the complainant, within 5 working days of the complainant making admissibility decisions.
    By complaints accepted institutions review, think meet complaints accepted conditions of, should be accepted and to complaints people issued complaints accepted notice; not meet complaints accepted conditions of, complaints accepted institutions should Yu 5th within to complaints people issued not accepted notice (indicate not accepted of reason), returned complaints material; on need further added perfect complaints material of, complaints accepted institutions should Yu 5th within notification complaints people be added perfect. (B) the complaints register.
    Complaint handling bodies accepted registration to the admissibility of the complaint should be promptly set up file and indicates the processing time.
    (C) notify the complainant. (D) handling of complaints.
    Complaint handling agency shall, within the 30 working days required for accepting the end of complaints because of controversies or disputes the fact that complex, work or other reasons the party's failure to meet the complaints bodies, leading to complaints the work cannot be completed within 30 working days and shall promptly notify the complainant.
    (E) the complaint after the conclusion of the complaint informed complainants of the outcome.
    (F) the completed registration. 11th complaint processing should take the form of: (a) issue submissions.
    Complaint handling bodies depending on the facts and the relevant laws and regulations, make recommendations to the complainant and the relevant departments, prompting complaints resolved.
    (B) the Administrative Committee on coordination with the departments concerned.
    (C) transferred or forwarded to the relevant Department to deal with local complaints agencies.
    (D) other appropriate treatments.
    12th article has following situation one of of, complaints processing end: (a) according to 11th article provides processing finished of; (ii) by coordination, and mediation, complaints matters by local complaints accepted institutions or related sector be solution of; (three) party on complaints matters to arbitration institutions application arbitration, and to court filed litigation or application administrative reconsideration of; (four) by verified, complaints matters and facts inconsistent of; (five) complaints people application withdrawn complaints of; (six) complaints people not tie, and refused to provides real situation of.
    13th complaints bodies shall maintain the business secrets of the complainant, except in special cases provided by law.
    Article 14th complaints bodies should fulfill their duties of staff, probity, and better coordination to handle complaints in a timely manner.
    15th foreign-invested enterprises complaints Coordinating Office in Ministry of Commerce of Department of foreign investment administration of the Ministry, foreign-invested enterprises complaints centre in investment promotion Bureau.
    16th article of the approach by the People's Republic of China's Ministry of Commerce is responsible for the interpretation.
                  17th these measures shall come into force on October 1, 2006.