Ningbo Foreign Invested Enterprises Complaints Handling Procedures

Original Language Title: 宁波市外商投资企业投诉处理办法

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(March 25, 2004 Ningbo Municipal People's Government at the 13th Executive meeting on April 5, 2004, Ningbo Municipal People's Government, the 119th announced as of June 1, 2004) for optimizing the investment environment in Ningbo in article, dealing with foreign-invested enterprises complaints promptly and impartially, protect legal rights of foreign-invested enterprises, according to the relevant regulations of the State, these measures are formulated.
    Foreign-invested enterprises complaints in these measures in article, refers to the establishment of Sino-foreign joint ventures in the city according to law firms, Sino-foreign cooperative ventures and solely foreign-funded enterprises and investors, believe that their legitimate rights and interests being compromised, drew attention to the relevant government agencies to coordinate behavior.
    Article complaint Coordination Center Ningbo foreign investment enterprises (hereinafter the Coordination Center) is the Municipal Government empowered to deal with complaints by foreign investment enterprises specialized agencies.
    Counties (cities), the district people's Government and municipal government departments and units of the enterprises with foreign investment coordinating agency network of focal points for the city (hereinafter referred to as the network under the body).
    Municipal focal points and networks under the body collectively under the body.
    Fourth article this way the scope of complaints include: (a) other government departments or agencies and their staff to prejudice the legitimate interests of complainants and (ii) of foreign-funded enterprise investment disputes arising between the parties, and (iii) enterprises with foreign investment disputes in the course of business with other enterprises and (iv) other acts that prejudice the legitimate interests of complainants.
    Article fifth should faithfully reflect the situation of the complainant, subject specific and clear as possible, accompanied by appropriate evidence. A lawsuit the sixth complaint should be.
    Multiple complaints involving the same administration, consolidated complaint.
    Seventh complainants and their agent can make an appointment, letters, telephone, Telegraph, telex, fax, electronic data interchange and e-mail form for complaints.
    Article eighth two or more networks under the institutions admissibility of complaints accepted by the networks under the body receiving complaints.
    Appellate body of accepted disputes between the network, coordinated by City Centre accepts.
    Have difficulty in appellate body to coordinate the network of and coordinated by the city center.
    Nineth involved in coordinating the processing of the complainant's business secret and individual privacy, the appellate body shall be confidential.
    Tenth appellate authority does not accept the following conditions: (a) an anonymous complaint, (ii) information provided by the complainants is not true; (c) the complaint have administrative review, arbitration or judicial proceedings.
    11th article by v institutions received complaints Hou, should in 3rd within for review, on meet this approach provides of complaints, decided be accepted; on meet this approach provides, but not belongs to this by v institutions accepted of complaints, should transferred to corresponding by v institutions, and written told complaints people; on not meet this approach provides of complaints, decided not accepted, and written told complaints people.
    That could lead to the intensification of the complaints and appellate bodies should be reviewed prior to mediation.
    12th appellate bodies should be since the date of the complaint will coordinate the response to complainants of the outcome within the 30th; complex complaints cannot be replied within the prescribed period, you can extend the 30th and notify the complainant of; there are special cases, approved by the city open to the leading group, may extend the term and inform the complainant, extend the term up to 1 year. 13th on the network under the coordination of the complainant disagrees with the opinions, on receipt of the coordination process within 10th results, apply in writing to the municipal coordination centre coordinated again.
    Focal points should be made from the date of receipt of the application within the 30th decision.
    14th network appellate bodies should be coordinated response to a complaint results, focal, and times record.
    15th complainant and respondent of complaint may apply for administrative reconsideration, arbitration or initiate litigation to the people's Court or the complainant withdraws the complaint, complaints to an end.
    16th respondent threats, repression, harassment, defamation and retaliating against the complainant, by their work units or by the competent authorities shall be given administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    17th appellate body for coordinating the processing of complaints about government departments, institutions or enterprises and their staff disciplinary offence, an offence or a crime, discipline inspection departments or shall be handed over to the judicial authorities to investigate and punish.
    Article 18th under the Agency staff in the coordination process favoritism, abuse of power, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    19th, established by law, the Hong Kong and Macau S.A.R., and Taiwan investment companies and their investors ' complaints, and these measures shall apply. 20th these measures shall come into force on June 1, 2004.
                                                              The Ningbo Municipal Government released on March 6, 1994 by foreign invested enterprises complaints procedures be abrogated.