Luoyang Foreign Complaint Handling Procedures

Original Language Title: 洛阳市外商投诉处理办法

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(December 5, 2003, Luoyang City people's Government, the 23rd Executive meeting on December 10, 2003, Luoyang City people's Government, the 64th release) Chapter I General provisions article prompt, impartial handling complaints from foreign-invested enterprises, maintaining the legitimate rights and interests of foreign-invested enterprises and investors, improving the investment environment, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Foreign-invested enterprises in these measures in article, refers to the law in this city set up Sino-foreign joint venture enterprises, Sino-foreign joint ventures and foreign-funded enterprises.
    Established by law in this city investors in foreign-invested enterprises, foreign investment (Holdings) of joint-stock enterprises, "three to" forms of business enterprises and foreign enterprises, foreign social organizations for investment purposes and other economic organizations lawfully established representative offices in this city (branch), with foreign-funded enterprises. Third article this approach by said foreign complaints, is refers to foreign investment enterprise on following matters drew attention to the Government processing of behavior: (a) think levels Government and work sector or its staff violations its lawful rights and interests of of; (ii) think levels Government and work sector or its staff not law for its handle approval matters or not perform other statutory duties of; (three) think citizens, and corporate or other organization effect its normal business order of; (four) think cooperation party violated national legal, and
    Regulations and practices violations of their legitimate rights and interests; (v) believe that infringement of the legitimate rights and interests of other matters.
    Fourth article this approach applies to foreign complaints within the administrative area of the city of accepting and processing work.
    Fifth foreign complaints receive, process follows the principles of law, fair and efficient. Chapter the sixth municipal foreign complaints centre (hereinafter referred to as the city center) are responsible for accepting and handling foreign complaints of specialized agencies. Its main functions are: (a) guiding, coordinating and supervising the city's foreign-funded work, (ii) the foreign complaints, investigation, coordination, and put forward opinions. On major complaints case proposed processing views or recommends, reported to the City Government made processing decided; (three) to County (City) district or about sector transferred complaints case; (four) urged processing views or processing decided of implementation, regularly informed foreign complaints situation; (five) participation on County (City) District and directly under about sector investment environment responsibility target of assessment evaluation; (six) on no due reason refused to implementation complaints processing views or processing decided of units, give informed criticism,
    Relevant government departments regarding their responsibility given corresponding sanction; (g) the Organization and foreign complaints on policy research, exchange of experience activities; (VIII) provides advisory services to foreign investors and (IX) handling other matters assigned by the supervisor.
    Article seventh County (City) district people's Government shall set up or designate specialized bodies (hereinafter referred to as counties (cities) complaint bodies) responsible for within their jurisdiction foreign complaint-handling work, and accept the city's complaint Center operational guidance. Eighth joint meeting against major complaints system, joint meeting convened by the Government leaders, authorities appointed coordinator.
    If necessary, you can invite the joint meeting attended by representatives of enterprises with foreign investment.
    Chapter III the admissibility of complaints article Nineth foreign invested enterprises and its authorized agents may, in accordance with the procedures for complaints.
    Tenth commissioned others to complaints submitted must be signed or stamped by a delegate of a power of attorney; the power of Attorney must be stipulated time limits, permissions, and delegate matters.
    11th complaint agencies to accept foreign complaints must comply with the following conditions: (a) have a clear complaint, (ii) specific facts and reasons of complaints and requests, (iii) comply with the scope of acceptance provided for in article III of this approach.
    12th, following complaints by foreign complaint Center: (a) relating to municipal people's Governments and their departments, County (City) District, Luoyang, Luoyang high-tech development zone, economic and technological development zone management Committee of complaints, (ii) involving two or more counties (cities) of complaints and (iii) other significant impact of complaints shall be accepted by the city center.
    Foreign complaints other than those stipulated in the preceding paragraph, by County (City) complaint bodies accepted.
    13th article following foreign complaints not accepted: (a) law must by administrative reconsideration, and arbitration, and litigation, legal program solution, and has in reconsideration, and arbitration, and litigation during within of; (ii) complaints matters involved judicial organ or military organ of; (three) complaints matters and complaints people no directly interest relationship of; (four) no clear of complaints object and specific of facts, and reason and requests of; (five) anonymous complaints of; (six) complaints matters beyond this approach provides range of. 14th complaints should be submitted the complaint to the complaints body.
    Orally, by telephone, e-mail and other forms of complaints, shall submit the complaint after complaint handling.
    The complaint should be written in Chinese, written in other languages, should be accompanied by an official Chinese translation.
    15th complaint includes the complainant and the respondent's name (name), address, contact information, complaints of facts, reasons and request specific content.
    16th article should provide the necessary evidence of the complainant, complaints bodies when necessary, can request the complainant to provide enterprises the establishment approval documents, approval certificate, business license, and other necessary information.
    17th after receiving complaints, complaints bodies, within their scope of acceptance and in accordance with the requirements of article 11th shall, within 3 working days of the complainant served a notice of acceptance.
    Inadmissible complaints, complaints bodies shall, within 3 working days of the complainant on inadmissibility grounds, and inform the complainant in accordance with the statutory procedure applying to the relevant departments to solve.
    18th complaints authority is not served within a specified time acceptance notice or inadmissible, they can go up directly the complaints. The fourth chapter, complaint, complaints article 19th Center, County (City) area complaints body should be to investigate foreign complaint and coordination.
    From the date of complaint handling, investigation, coordination period normally not later than 30th; special situations, agencies may extend the investigation of a complaint, the coordination period, but not longer than 60 days.
    Article 20th after the end of the investigation, coordination, complaints against the application by a party, the other parties agree, investigation, coordination can be restarted, but investigation, coordination may not exceed a period of 30th. 21st coordinated complaints that cannot be resolved, complaints bodies according to the different situation in the following manner: (a) responsibility for the facts are clear, and specific complaints, and handed over to the relevant departments. Relevant departments shall sign within 1 business day, within 10 working days, and written replies to complaints agencies.
    Complaint bodies should receive the results within 3 business days after the processing of the results inform the complainant in writing. (B) the case is complex, involving many departments complaints, complaints bodies to direct and coordinate the relevant departments to put forward opinions; can also be handed over to relevant departments under the circumstances. Relevant departments shall, within 1 business day to sign, submit written comments within 10 working days, and to respond to complaints against the Agency.
    Agencies in the investigation of a complaint, within 7 working days of the coordination put forward opinions or level people's Government made a decision, and within 3 working days to process the results will inform the complainant in writing. (Iii) the major complaints office shall ascertain the facts on the basis of complaints, within 7 working days to put forward opinions, within 3 working days and the people's Governments at the corresponding level.
    Complaints against the Agency from the date of receipt of the decision of the people's Governments at the corresponding level inform the complainant in writing within 3 working days.
    22nd when complaints authority to investigate and deal with complaints, the unit and its personnel shall cooperate with and provide documentation and complaints relating to the subject matter.
    23rd the complainant and the respondent have the right to request interested staff members to withdraw with the complaint.
    24th the complaint, the complainant and the respondent, as well as in the processing of complaints related to business secrets or other confidential information requirements and complaints body should be kept confidential.
    25th the complainant and the respondent to deal with or disagrees with the decision, can for disposal or treatment decisions within 15th days of service, higher body for review of complaint, you can also directly apply for arbitration or a lawsuit.
    26th article has following situation one of of, complaints processing end: (a) by survey, and coordination complaints matters to solution of; (ii) complaints institutions has made processing views or processing decided of; (three) by verified, complaints matters and facts inconsistent of; (four) complaints people not tie, refused to provides facts situation or for no reason not participate in coordination activities of; (five) complaints people withdrawn complaints of; (six) complaints processing in the found complaints matters involved judicial organ or military organ of.
    27th the County (City) area complaints body think its complaint case is significant and complex, can assist or direct requests, complaints Center to draw attention to city center. 28th article assigned by the complaints body is responsible for monitoring the complaints handling and disposal or dealing with implementation of the decisions.
    Assigned by the right in accordance with the provisions of complaint and without good reason refuses to implement complaint handling opinions or decisions of departments and units, complaint bodies can give notice of criticism, and recommended that the relevant departments on the appropriate punishment of those responsible.
    29th complaint bodies discovered in the complaints handling process suspected disciplinary violations, illegal acts, in accordance with the relevant provisions of transfer of discipline inspection, supervisory or judiciary. Article 30th institution for dereliction of complaints, deception, abuse of power, bribery, by work units or departments concerned penalties constitute a crime, shall be investigated for criminal responsibility by judicial organs.

    31st refuses or obstructs the complaints staff performing official duties according to law, a minor does not constitute a crime, by public security organs in accordance with the People's Republic of China public security administration punishment regulations of punishment constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    Fifth chapter supplementary articles article 32nd Hong Kong, Macao and overseas Chinese enterprises and investors overseas foreign-funded enterprises in the city according to law set up representative offices (branch offices), Lowe enterprises and investors in the field of complaints, in accordance with the measures implemented.
    Taiwan businessmen complaints by complaint bodies in conjunction with the Taiwan authorities, in accordance with the People's Republic of China Taiwan compatriots investment protection law and in the light of the measures. 33rd article this way since January 10, 2004.
                                                                                January 14, 2002 city people's Government issued the provisional regulations on foreign complaints of Luoyang (luozheng [, 2002]5) repealed simultaneously.