Shantou Special Economic Zone Enterprises Management

Original Language Title: 汕头经济特区企业投诉管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369049.shtml

Shantou special economic zone enterprises management

    (December 26, 2011 Government of Shantou 93rd general meeting January 7, 2012, Shantou City Government to 135th published since March 1, 2012) first to improve the Shantou special economic zone (hereinafter referred to as the SAR) investment environment and protect the legitimate rights and interests of the enterprise and, in accordance with the fundamental principles of law and regulations, based on actual SAR, these measures are formulated.

Second article SAR range within enterprise and investors (following referred to complaints people) in investment, and construction, and production, and business, activities in the, for city, and district (County) Government belongs work sector (containing directly under the institutions and sent organ, with), and legal regulations authorized of has management public affairs functions of organization, and law by delegate of organization and staff (following referred to was complaints people) violations its lawful rights and interests of and proposed of complaints and the handle, applies this approach.

    Complainant is central and provincial units stationed in Shantou and handling of complaints made, in accordance with the measures implemented.

The third municipal people's Government exercise unified leadership, organization, coordinating the SAR's corporate complaint management.

    Municipal Enterprise complaint handling coordination body responsible for implementation of this approach.

    Fourth District (County) Government, municipal people's Government departments, authorized by laws and regulations to administer public affairs functions of the Organization (hereinafter referred to as complaint-handling units), should specify the relevant institutions or specialized personnel, responsible for handling complaints concerning the administrative structure, the units involved, and to receive complaints, coordinating body of guidance.

Article fifth the complainant that the respondent has violated its legitimate rights and interests of any of the following acts, shall apply to the complaint, belongs to the scope of complaints, coordinating bodies:

(A) fails to perform the statutory duties;

(B) violations of the right to the complainants, disrupt the normal production order of the complainant;

(C) in violation of State regulations is imposed by the property assessed;

(D) unlawful imposition of administrative punishment and administrative compulsory measures;

(E) breach of the pledge;

(F) the poor staff work, deliberately or abuse;

    (VII) other acts in violation of the legitimate rights and interests of the complainant.

Sixth except as otherwise provided in this way, a complaint application meets the following requirements, complaints, coordinating body shall accept:

(A) have a clear complaint and present measures stipulated in section the respondent;

(B) the matter has a direct interest in the complaint of the complainant;

(C) specific requests and complaints of fact and corresponding proofs;

    (D) the part of the scope of acceptance provided for in article fifth.

Seventh complaints to the application of the following circumstances, inadmissible complaints, coordinating bodies:

(A) the complainant in respect of the same facts bring administrative proceedings or apply for administrative reconsideration or arbitration and accepted;

(B) the complainant's rights are being infringed is due to force majeure;

(C) to belong to the security and criminal cases;

(D) the provisions of laws and regulations accepted by the other institutions.

    Complaints after the application is accepted, the complainants in respect of the same facts of administrative proceedings or apply for administrative reconsideration or arbitration and be entertained, termination of handling complaints. Eighth complainants should be in the form of real-name submitted the complaint to the complaints, coordinating bodies.

Complaints should be made in Chinese or Chinese versions, sets out the respondent's name (company name), shelter, as well as a complaint or contact name (company name), address, and contact.

    The complainant is an individual, and have difficulty writing the complaint, you can say, but must be coordinated, complaints, in Agency staff signature confirmation on the record.

    Nineth same complainants for the respondent raised a number of complaints, complaints, coordinating bodies can incorporate inadmissible; multiple complainants the complainants submitted the same type of complaint, complaints, coordinating bodies should be merged to accept.

    Tenth of municipal coordination body to handle complaints complaints, shall ascertain the facts and responsibility, dealt with according to law.

    11th complaints, coordinating body shall receive complaints within three working days from the date of the application for examination and make a decision on whether to accept, is admissible, decision on admissibility; not admissible, inadmissible decision and notify the complainant in writing, giving reasons.

12th complaints to the application after it has been accepted in accordance with the following provisions: (A) clear, accountable to the fact that the subject of complaint, complaints, coordinating bodies will be handed over to the appropriate complaint-handling responsibilities unit contractors, complaint-handling units should be signed within one business day, within ten working days written results, complaints, responses and coordinating bodies.

Complaints, coordinating body shall, within three working days from the date of receipt of results inform the complainant in writing. (Ii) on situation relative complex, and involved multiple sector of General complaints matters, city complaints accepted coordination institutions can directly coordination about complaints processing responsibility units research and made processing decided; also can first by duties permission referred to the corresponding of complaints processing responsibility units proposed processing views Hou again made processing decided, complaints processing responsibility units should in a a days within sign, 20 a days within proposed written processing views replies city complaints accepted coordination institutions.

Complaints, coordinating body shall make a decision on the date of the decision to the complaint within three working days processing units or respondent, deadline management, at the same time, inform the complainant in writing.

(C) to the overall importance of the major complaints, complaints, coordinating body shall, within 20 working days to ascertain from the facts, proposed recommendations submitted to the municipal people's Government, and receiving the municipal decision within five working days of the date of decision to the complaints processing units or respondent, deadline management, at the same time, inform the complainant in writing.

    About complaints in General, ordinary complaints in the preceding paragraph, the major complaints specifically defined criteria, developed separately by the complaints, coordinating bodies. 13th complaints, coordinating bodies should track and monitor the complaint handling responsibilities employer or complaints were scheduled to handle complaints, and explain to the complainant the reason and progress.  

    Complaint handling responsibilities or respondent shall be executed within the time stipulated in the decision for extension of implementation of the special circumstances, complaints, coordinating body should be justified.

    14th Party considers complaints, coordinating body of staff and complaints have an interest or any other relationship may affect the fair, may apply to the complaints, coordinating body of the staff withdrawal; complaints, coordinating bodies according to the actual situation to decide whether the staff member should be avoided. 15th matters of the complaint, the complainant should provide relevant evidence, accurately reflect the situation.

Complaint verified by complaints, coordinating bodies with the facts, can terminate the processing of complaints.

    Respondent, complaints, should assist the coordinating body or responsibility unit investigating the complaints, may suppress or retaliate against the complainant. 16th complainants have the right to know the processing of complaints has the right to change or abandon the complaints request.

Change or have given up the request, should be submitted in writing and state the reasons.

    Is the complaint, the complainant can present different views, but must provide the necessary factual basis or evidence.

    Article 17th complaints, coordinating bodies responsible units in the process of handling complaints or complaints, involving State secrets, business secrets and personal privacy issues, should be kept confidential. 18th article of the complaint, the complainant disagrees with the result, may in writing apply to the complaints, coordinating body for review.

    Complaints, coordinating bodies to review concluded that decision wrong, should be reprocessed; considered decisions right, not to proceed, the complainant shall not vexatious.

    19th, complaints, complainants may not intercept coordinating body of official vehicles and shall not impair reception places of public or private property shall not be entangled, insulted, beaten, threatened the receptionist, not to bring dangerous goods, explosives, as well as control devices into the reception site.

    20th has been implemented to suppress or retaliating against complainants the complainants, on the persons who by their work units or higher authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

Article 21st of the economic losses caused by acts of the complainants the complainants, shall bear the liability for damages.

    Complainant in complaint, falsification, fabrication, false accusation to slander others, coordinated by the complaints body shall be ordered to correct constitutes a crime, criminal responsibility shall be investigated according to law.

    22nd, complaints, complaint handling responsibilities coordinating institution assigned by the complaints of delay or an excuse to shirk its responsibility, criticized by complaints, coordinating bodies, of the relevant staff can suggest their own units or higher authorities, impose administrative sanctions.

    23rd complaint handling units or respondent to municipal people's Government, complaints, or coordinating authorities decided to delay the ban or an excuse to shirk its responsibility, criticized by complaints, coordinating bodies, of the relevant staff can suggest their own units or higher authorities, impose administrative sanctions.

    24th refuses or obstructs, siege, abusive complaints, coordinating staff performing official duties according to law constitute violations of public order management, public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    25th complaints, coordinating body of personnel who abuse their power, deception, abuse of, and be given an administrative sanction by the unit constitutes a crime, criminal responsibility shall be investigated according to law. 26th article of the rules take effect on March 1, 2012. Released November 29, 2002 Government of Shantou, the 67th of the Shantou urban Enterprise complaint management procedures be abrogated.