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Hebei Enterprises ' Rights And Interests Protection

Original Language Title: 河北省企业权益保护规定

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Protection of corporate rights and interests in Northern Province

(The 9th ordinary meeting of the Government of the Northern Province, 16 September 2013, considered the adoption of Decree No. [2013] No. 8 of 18 September 2013 by the Government of the Northern Province of the River Basin, effective 1 November 2013)

Chapter I General

Article 1 provides for the protection of the legitimate rights and interests of the enterprise, the improvement and optimization of the business environment and the promotion of social harmony in the economy, in accordance with the relevant legislation, and the development of this provision in the light of the actual legislation of the province.

Article 2 applies to enterprises established by law and engaged in productive activities within the territorial administration.

The corporate rights referred to in this provision refer to the property rights of the enterprise, the right to operate, the right to be granted by an administrative authority or services under the law, the right to refuse and resist an aggravating enterprise burden in violation of the law and other legitimate rights under the laws, regulations and regulations.

Article 3. Governments of more than veterans at the district level should strengthen their leadership in the protection of corporate rights, establish a coordination mechanism for sound work, organize, coordinate and promote the protection of corporate rights and interests in accordance with the law, implement policy measures to support enterprise development, and correct and identify violations that undermine corporate interests in a timely manner.

Article IV is specifically responsible for coordinating the protection of corporate rights and interests in the present administration.

More than the people at the district level have developed reforms, public safety, inspection, civil affairs, finance, human resources security, environmental protection, business, state-owned asset monitoring, tax, business administration, quality technical supervision, safe production control management, food medicine surveillance management, etc., within their respective responsibilities, to protect corporate rights and interests.

Article 5 There shall be no violation of the legitimate rights and interests of the State, the public interest, the worker and others.

Article 6.

Any unit or person has the right to report damages to the enterprise.

Chapter II Protection measures

Article 7. In developing regulations and normative documents relating to the rights of enterprises, the executive body shall be informed of the views and proposals of the enterprise, including through the holding of hearings, seminars, etc., and shall be adopted with respect to reasonable views and proposals.

The development of normative documents shall not create administrative licences, administrative penalties, administrative enforcement enforcement, etc. shall not be subject to criminal restrictions, deprivation of corporate rights or increased obligations under the law.

Article 8. The executive organs shall exercise administrative oversight and shall be strictly in accordance with the provisions of laws, regulations, regulations and regulations, which can be used in a variety of ways to achieve administrative purposes, and the manner most conducive to the protection of corporate rights should be chosen. There are no laws, regulations, regulations and regulations, and administrative organs may not make decisions that affect the interests of enterprises or increase the obligations of enterprises.

Article 9 imposes specific administrative acts that may affect the interests of the enterprise and, in addition to the statutory circumstances, shall be informed in writing of the facts, rationales, basis and the means, modalities and duration of the performance of administrative acts by the enterprise and of the rights and remedies enjoyed by the law, the right to be heard.

When administrative decisions are taken by administrative organs, the law, regulations require justifications and the reasons should be explained in administrative decisions. The same treatment should be given to acts or events of the same or the same nature, except as otherwise provided by law, legislation and regulations.

The executive body should conservatively preserve the business secrets known in the course of administrative conduct.

Article 10, in addition to State restrictions on the area of operation, has the right to equal access and fair competition for all types of enterprises, and the executive branch shall not carry out sectoral and industrial monopolies that impede fair competition.

In addition to the provisions of the law, administrative regulations, the executive branch shall not limit the participation of enterprises in other areas in the production operation of the region and shall not limit the entry of goods from other regions into the region's markets; businesses have obtained administrative permits from the executive branch of the executive branch, and the executive branch shall not impose regional embargos by means of requiring business clearance, review or local establishment of operating places.

Article 11. The executive body should establish a place for centralized administrative licence matters, simplify the approval process, optimize the service process, and provide efficient and accessible services to enterprises.

Article 12

The law, regulations, amendments or repeals on the basis of administrative licences, or the objective circumstances on which administrative licences are granted are subject to significant changes, may be altered by the executive body or withdrawn administrative licences that have entered into force in accordance with the law. As a result, the administration should be compensated by law for the loss of property.

Article 13 Administrative charges for businesses must be carried out in accordance with effective charges projects and standards in the State and in the present province, with a statement of fees that should be presented at the time of the fees and the collection of royalties issued by the statutory sector.

The prohibition of royalties, ultra-standard charges, self-moval project charges is prohibited from repeating charges for the same charges within the statutory period.

Corporate fees can be collected in a uniform manner, and the financial sector of the more people at the district level should be coordinated by the relevant sectors.

Article 14. The executive organs impose administrative penalties on businesses that enable them to exercise their legal obligations, correct violations, and may not be punished by administrative penalties, including education, counselling, evacuation, etc.; minor offences and timely redress; failure to result in harmful consequences and administrative sanctions.

In accordance with the laws, regulations and regulations, penalties should be imposed in strict compliance with the relevant provisions of the discretionary powers to regulate administrative sanctions.

Article 15. In the event of mandatory measures such as seizures, seizures, freezing, etc., by law, the executive branch shall deliver legal instruments to the enterprise; in respect of the seizure, seizure of property, a list shall be opened and kept in custody and shall not be used or destroyed; and in the event of loss, liability shall be borne by law. After seizures, seizures and freezing of corporate property, the facts should be promptly identified and the decisions taken within the statutory period.

When an enterprise is subject to a mandatory measure by law, the property security provided by the enterprise may meet the requirements for implementation, and, under the conditions of division, the executive branch shall not exceed the value of the seizure, seizure, freezing of corporate property, as otherwise provided by law, legislation, regulations and regulations.

The executive branch must have legal, legal and regulatory grounds, without legal, regulatory grounds, and the right of the business to refuse.

Article 16 imposes oversight inspections on enterprises by the executive branch, which must be strictly conducted in accordance with statutory procedures and competences, and a number of oversight inspections carried out by different administrative bodies against businesses can be carried out with mergers or joint inspections by the relevant administrative organs organized by the Government of the more than the district level; and the supervision inspections carried out by the same administrative body with respect to the same enterprise should be consolidated and reduced.

Article 17: The executive branch undertakes oversight inspections with respect to enterprises, in one of the following cases, with the right to reject them:

(i) Less than two law enforcement officials;

(ii) No effective law enforcement documents are presented;

(iii) There is no clear monitoring of inspection matters and the legal, regulatory basis;

(iv) It is not possible to determine whether there are repeated inspections, testing, quarantine and testing.

Article 18

In addition to the provisions of laws, regulations and regulations, statutory tests, quarantine, testing bodies have made a test, quarantine, test conclusions or identification of the same product, which should be used directly by the relevant administrative bodies.

Article 19 The executive branch shall carry out activities such as inspections, quarantine, testing, administrative sanctions, administrative coercive measures and supervision of the production of the enterprise, in accordance with the law, and archive the monitoring records, evidence materials, law enforcement instruments, etc. and the processing of results files.

In addition to the fact that the law should be confidential, the enterprise may request information on the above-mentioned archives, and the administrative authorities should provide access without compensation.

Article 20, when administrative licences, non-administrative authorizations, qualifications determinations, annual trials, annual inspections or regular inspections, commissioning tests, shall not be required by social organizations or other intermediary service agencies to receive designated training, designated services or purchase designated products.

Article 21, in addition to legal, administrative or state-of-the-State regulations, shall not carry out the performance, evaluation, assessment and related inspection activities involving enterprises.

Article 22, Social organizations such as industry associations, business representatives organizations, social intermediaries and their staff, shall regulate their conduct in accordance with the law and shall not interfere with the normal production of business activities or undermine corporate interests.

Industry associations, business representatives organizations should be subject to the criteria for the payment of contributions to businesses, which should be adopted by all members, in accordance with the provisions of the Constitution and in accordance with the relevant provisions of the State.

Article 23 encourages and supports the media to monitor acts that undermine the interests of enterprises.

When media coverage and dissemination of business-related information should be carried out, laws, regulations and professional ethics should be adhered to, without exaggeration of facts or false reports that undermine the interests of the enterprise.

Article 24 does not include any unit or individual:

(i) Forced or transcended enterprises to participate in and collect costs, such as ratings, upgrading, ranking, certification and recognition;

(ii) mandatory or transcendable businesses to publish advertisements, receive reimbursable news and make publications;

(iii) Enforcing or adapting businesses to participate in social groups such as industry associations, providing contributions, funds for activities and other sponsors, and participating in commercial insurance;

(iv) To require businesses to receive designated training, designated services or purchase designated products;

(v) Interference in the legitimate industrial ownership of enterprises;

(vi) Provide borrowing or credit security for compulsory enterprises;

(vii) Suspensive or transcendable businesses to suspend the normal production of licenses under the law when they are subject to specific, phase-based inspections;

(viii) To contribute to the enterprise assessment and to the forcing of businesses;

(ix) Other acts that undermine the interests of the enterprise.

Chapter III Relief of services

Article 25. The executive body shall publish information on the administrative licences of this unit, administrative sanctions, administrative expenses, administrative expenses, administrative enforcement inspections, in accordance with the relevant provisions of public information.

The commune-level people's government may organize information on the provision of free of charge to enterprises within the current administration area, including those provided for in the preceding paragraph.

Article 26

Article 27 Governments of more people at the district level should establish joint mechanisms for dealing with foreign trade relief surveys involving relevant authorities, business representatives and enterprises, and for the maintenance of domestic industrial security, using the rights conferred by the rules of the World Trade Organization to defend the interests of enterprises.

Article 28 should preserve the normal market order, in order to establish a well-functioning business environment for enterprises, in a timely manner, for example, for offences such as the sale of false products, the abuse of hegemonies, theft of corporate property.

Article 29 reported cases involving businesses should be promptly identified and addressed by law.

The administrative organs that were wrongly treated should be corrected in accordance with the law in a timely manner with regard to the misconceptions of facts and the pitfalls. Business demands that the facts be clarified, and the relevant executive bodies should clarify the facts and protect corporate rights in accordance with the law.

The Government of the people at the district level should establish a mechanism for the supervision of administrative expenses relating to corporate rights. The Government's financial sector at the district level should make oversight available to society.

Article 33 protects the corporate rights and interests sector can be informed by, inter alia, the hiring of enterprise inspectors, the free distribution of feedback forms for corporate rights and interests, the loss of corporate interests, the increased burden of business and the reporting of the Government of the people at the present level, and that the Government of the people at the district level should deal in a timely manner with the relevant issues that undermine the interests of the enterprise and oversee the rehabilitation.

Article 32, which is subject to scrutiny by the Government of more than the communes, the corporate rights and interests protection sector should establish an enterprise rights protection complaints and reporting system, publicize the manner in which complaints are received, reports should be dealt with in a timely manner and inform the complainant and the reporting person.

Chapter IV Legal responsibility

In violation of this provision, the executive branch and its staff undermine the interests of the enterprise by altering their offices, superior organs or inspection bodies by virtue of their authority and returning illegally collected property; in serious circumstances, distributing them to the law of the competent and other direct responsible persons directly responsible; causing losses, paying liability under the law; constituting an offence and criminal responsibility.

Article 34 of the Statute of the Administration and its staff members shall not perform or delay the performance of their duties in the protection of corporate rights and interests, be corrected by their units, superior organs or inspection bodies in accordance with the authority of management; in the event of serious gravity, the person directly responsible and other persons directly responsible shall be treated in accordance with the law;

Article XV. The staff of the executive branch shall be punished by law by a complaint, a reportor or the applicant who defends the interests of the enterprise under the law, or by an inspectorate; constitute a crime and hold criminal responsibility under the law.

Chapter V

Article 36

Article 37 Protection of the rights and interests of the individual business and industry is governed by this provision.

Article 33, paragraph 1, of the present article is implemented effective 1 November 2013.