Hebei Enterprises ' Rights And Interests Protection

Original Language Title: 河北省企业权益保护规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201311/20131100393703.shtml

Hebei enterprises ' rights and interests protection

    (9th of September 16, 2013, Hebei provincial executive meeting considered by people's Government of Hebei province, on September 18, 2013 [2013] 8th release come into force November 1, 2013) Chapter I General provisions

    First in order to protect the legitimate rights and interests of enterprises, improve and optimize enterprise business environment, promote harmonious economic and social development, in accordance with the relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    Provisions of this article apply to established according to law, in the administrative area of the province to engage in production and business activities of the enterprise.

    Corporate interests in these rules refers to enterprise property rights, management, the law permitted by the administrative authorities or services right offence aggravated the burden on enterprises, reject and resist the rights and other legitimate rights and interests of the laws, rules and regulations.

    Third people's Governments above the county level shall strengthen leadership on corporate rights protection work, establish and improve the coordination mechanism, organize, coordinate and supervise the relevant departments according to law to protect corporate interests and implement policy measures to support enterprise development, rectify and investigate offences damaging the interests of enterprises.

    Fourth people's Governments above the county level of industry and information technology departments or set by the people's Governments above the county level are responsible for protecting the rights and interests of enterprises sector (hereinafter referred to as business rights protection department) responsible for organizing enterprise protection work within their respective administrative areas.

    Development and reform, public security, supervision, the people's Governments above the county level for home, business, finance, human resources and social security, environmental protection, the State-owned assets supervision and administration, taxation, industry and commerce administration, quality supervision, supervision and administration, food and drug administration and other departments within their respective areas of responsibility, to protect business interests of related work. Article fifth enterprise production and management activities shall abide by the laws, rules, regulations and articles of the law, abide by social morality and ethics, and social responsibility.

    Shall not infringe upon national interests, public interests, trade unions, and the legitimate interests of others.

    Sixth for acts damaging the interests of enterprises, enterprises have the right to inform the relevant State organs and their functions complaints, reports, Petitions, complaints.

    Any unit and individual have the right to report acts of damaging the interests of enterprises.

    Chapter II protection

    Seventh administrative organs in relation to regulations and regulatory documents of business interests, through hearings, feasibility study meeting heard the views and proposals of enterprises in the form of, for appropriate observations and recommendations should be adopted.

    Development of normative documents may not be establishment of an administrative license, the administrative punishment, compulsory administrative matters shall not be unlawful restriction, deprivation of rights or illegal enterprises increase their obligations. The eighth administrative organs shall exercise administrative supervision and regulation, should be strictly in accordance with the laws, regulations, rules, administrative purposes can take many forms, should choose the best way to protect corporate interests.

    No provisions of laws, regulations, rules, administrative authorities shall not affect rights or increasing the obligations of the enterprise decisions.

    Nineth executive authorities to implement specific administrative acts, which may affect the interests of enterprises, in addition to legal circumstances, shall inform in writing the enterprise implementation of administrative acts facts, reasons, based on, as well as the enjoyment of the right to be heard, right to be heard according to law and other rights and remedies for, modalities and deadlines. Administrative bodies when making administrative decisions, laws and regulations require justification, should be justified in administrative decisions.

    For acts of the same or of a different nature, events, the same treatment should be made, but, except as otherwise provided by laws and regulations.

    Administrative organs shall keep business secret learned in the process of implementation of the administrative act.

    Tenth State except as limits and operation areas, businesses of all kinds have equal access and fair competition rights, administrative authorities not to departmental and industrial monopoly, impeding fair competition.

    Except legal, and administrative regulations provides of yiwai, administrative organ shall not limit other area enterprise to this area engaged in production business activities, shall not limit other area of commodity into this area market; enterprise has made superior administrative organ of administrative license business of, subordinate administrative organ shall not through requirements Enterprise record business situation, and review or in local established business places, means, implemented area blockade, limit enterprise in local carried out production business activities.

    11th administrative organs shall establish a centralized handling of administrative licensing matters concerning venue, relates to the business activities of administrative licensing items, simplify examination and approval procedures, optimized service processes, the time limit originally, provides efficient and convenient services for the enterprise.

    12th the Enterprise shall obtain the administrative licensing law, administrative body without changing the entry into force of the administrative license. Administrative license law, rules and regulations amended or annulled, or approving an administrative license is based on the significant changes in the objective circumstances, required in the public interest, will the executive authorities may change or withdraw the entry into force of the administrative license according to law.

    Property damage to the enterprise, the administrative organ shall be given compensation.

    13th administrative authorities to charge companies by country and items and standards currently in force in the province, charge publicity, fares shall show the premium license and issue statutory charging documents made by the Department.

    Prohibition of unauthorized charges, excessive fees, independent pricing, banned on the same charges in legal fees within the time limit.

    To charge companies to collect, financial Department of the people's Governments above the county level shall coordinate with relevant departments, collect.

    14th administrative authorities impose administrative penalties on enterprises, able to take the way of education, advising, counseling, prompting them to comply with statutory obligations, correcting violations, no administrative penalty offence minor and correct, causes no harmful consequences, no administrative penalties.

    Punished in accordance with laws, rules and regulations should be strictly in accordance with relevant provisions regulate administrative discretion in punishment punishment according to law. 15th administrative organs in accordance with the law on enterprises to take sealing up, distraining, freezing and other mandatory measures, should be delivered to the enterprise legal instruments; the sealed up or seized property, should draw up a clear statement and safekeeping, shall not use or damage losses, shall be liable.

    After sealing up, distraining, freezing of property, it shall ascertain the facts and make a decision within the statutory time limit.

    Enterprises taking compulsory measures by law enforcement, companies provide financial assurance to meet the implementation requirements, in conditions of divisible, the administrative organ shall not overflow seal up, distrain, freeze property, otherwise provided by laws and regulations, from its provisions.

    Administrative body attachment, arrest, query the financial ledgers, transactions, business dealings, seal and other relevant texts, electronic data, or to record the above information, audio, video, photographic, and copy must be according to the laws and regulations with no according to the laws, regulations, enterprises have the right to refuse.

    16th administrative organs conducting supervision and inspection of the Enterprise shall be strictly in accordance with legal procedures and permissions, different administrative organs of the companies a number of supervision and inspection can be completed, the people's Governments above the county level shall organize relevant administrative organs to implement the merger or joint inspection; the same Executive that supervision will be implemented on the same enterprise, it should be merged, reducing the number.

    17th administrative organs conducting supervision and inspection of the enterprise, any of the following circumstances, enterprises have the right to be rejected:

    (A) less than two persons by law enforcement officials;

    (B) does not produce valid certificates for law enforcement;

    (C) no clear supervision and inspection matters and according to the laws and regulations;

    (D) cannot cause duplicate checking, testing, inspection, and quarantine.

    18th administrative organs in accordance with the enterprise product inspection, quarantine and testing requirements sampling, should purchase from the sample in accordance with the laws, rules and regulations required by the enterprise of gratis, extraction of samples shall not exceed the number of technical criteria and standards requirements; extraction of samples shall be returned in accordance with law, must be returned in a timely manner, resulting in the loss, compensation must be paid.

    Unless otherwise provided by laws and regulations, statutory inspection, quarantine and testing organizations to the same batch of products lawfully inspection, quarantine, testing results or results, the relevant administrative authority should adopt.

    19th administrative organs according to law on the production and operation of enterprises product inspection, quarantine and inspection of enterprises implementing the administrative license, the administrative punishment and administrative compulsory measures as well as supervision and inspection activities, evidence related supervision and inspection should be recorded, materials, law enforcement instrument and results archives.

    In addition to shall be kept confidential by law, enterprises can apply for the above files, the administrative organ shall provide free enquiry service.

    20th executive administrative licensing, non-administrative approval, qualification accreditation, annual review, annual inspection or testing, commissioned tests on a regular basis, not by social organizations and other intermediary service organization, requires companies to receive designated training, designated services or purchase of designated products.

    21st except as expressly set forth laws, administrative regulations or the State Council other than those administrative authorities not to carry out enterprise compliance, evaluation, recognition, assessment, and related inspection activities.

    22nd trade associations, business representative organizations, social agencies and other community organizations and their staff, they shall regulate their own behavior, and must not interfere with the normal production and operation of enterprises or enterprises ' rights and interests.

    Industry associations, standards of business representative organizations to collect contributions shall be subject to all members to discuss and vote in accordance with regulations, and in accordance with relevant regulations of the State, to price and related departments to be implemented.

    23rd to encourage and support media supervision behavior for damaging the interests of enterprises.

    News media reports when and the circumstances of the enterprise, shall comply with the laws, regulations and professional ethics, not exaggerate or make false reports, harming the interests of the enterprise.

    Article 24th in addition to laws and regulations expressly stated, no unit or individual is allowed to any of the following acts:

    (A) mandatory or disguised forced companies to participate in various competitions, compliance, upgrades, sorting, certification and recognition activities and fees;

    (Ii) mandatory or disguised cases of forcing companies to advertise, accept paid news, subscription publications;

    (C) compulsory or disguised forced companies to participate in trade associations and other social groups, providing contributions, activities and other sponsors, participating in commercial insurance;

    (D) require an enterprise to undertake specified training, specify a service or purchase the specified products;

    (E) interference in the legitimate autonomy of enterprises;

    (F) mandatory or disguised forced companies to provide loans or credit guarantees;

    (VII) mandatory or disguised forced enterprises by accepting the special, periodic supervision to suspend the law license of the normal production and operation activities;

    (VIII) donated to the enterprise assessed, forcing companies to donate;

    (IX) other damaging the interests of corporate behavior.

    Chapter III service relief

    25th Executive should be according to the relevant provisions of the disclosure of Government information, by using the portal site or any other means, made the unit of an administrative license, the administrative sanctions, administrative and institutional charges, administrative law enforcement supervision and inspection data.

    People's Governments at the county level may organize relevant departments to provide free of charge to enterprises within their respective administrative areas includes the relevant information set out in the preceding paragraph.

    Article 26th human resources and Social Security Department, the people's Governments above the county level at the trade unions and business representative organizations to establish tripartite labor relations coordination mechanism, the prevention of labour disputes, collective labor disputes and emergencies dealing with major issues such as labor relations coordination, properly maintain normal production and operation of enterprises and realization of labour rights, promoting harmony and cooperation between workers and businesses.

    27th people's Governments above the county level shall be established by competent authorities, business representative organizations and enterprises involved in foreign trade remedy investigations and maintain domestic industry security mechanism, use their rights under World Trade Organization rules to safeguard business interests.

    28th administrative organs shall safeguard normal market order, manufacturing and selling of fake and shoddy products, dominate, looting stealing company property offence, should be investigated in a timely manner, in order to create a favorable environment for production and operation.

    29th administrative organ for reporting cases involving Enterprise shall promptly ascertain the facts, dealt with according to law. Result of fabrications, false accusation due to error handling, error handling, the administrative organ shall promptly correct.

    Enterprises require clarification of the facts, the relevant administrative authorities should clarify the facts, to protect business interests. 30th people's Governments above the county level shall establish administrative fees oversight mechanisms involving business interests.

    Financial Department of the people's Governments above the county level monitoring should be open to the public.

    31st protection departments can employ enterprise enterprise rights monitors, guarantee of the interests of free enterprise feedback forms, such as forms, learn about damaging the interests of enterprises, increasing the burden on enterprises, and the people's Governments at the corresponding level; the people's Governments above the county level shall promptly handle problems related to damaging the interests of enterprises, and supervise their rectification.

    32nd people's Governments above the county level shall monitor, corporate rights protection Department should set up complaints and reporting system of protecting the rights, complaints or information published contact information, to the admissibility of the complaint or information, shall promptly investigate and deal with according to law, and process the results will inform complainants, informants.

    The fourth chapter legal liability

    33rd article violates these provisions, administrative organs and their staff in damaging the interests of businesses, by their work unit, parent or a supervisory authority according to the management authority shall be ordered to correct and return illegally charged property in serious cases, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    34th administrative organs and their staff shall not perform or delaying discharge the responsibilities of protecting corporate interests, by their work unit, parent or a supervisory authority according to the management authority shall be ordered to correct serious cases, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    35th executive staff to protect business interests of complainants and informants or retaliating against the complainant, disciplined by the units or the supervisory organs constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    Article 36th authorized by laws and regulations to administer public affairs organizations, these provisions shall apply to the provisions of relevant administrative organs.

    37th the protection of individual rights and interests with reference to these provisions. 38th article of the regulations come into force on November 1, 2013.