Key Benefits:
(Summit No. 64 of 10 December 2003 by the Government of the Live People's Government) Chapter I General Article 1 provides for prompt and fair processing of complaints from foreign investment enterprises, upholds the legitimate rights and interests of foreign investment enterprises and investors, improves the investment environment and develops this approach in line with the relevant laws, regulations and regulations. Article II refers to foreign-investment enterprises established under the law of the city, which are foreign-in-sized enterprises. An investor, a foreign-commercial investment enterprise (consortia) in this city is established by law, a company operating in the form of “three-hatch” and a foreign enterprise, a foreign social group and other economic organizations are represented under the law in this city, depending on the same-size-investment enterprise. Article 3 refers to complaints from outsiders referred to in this approach, which refers to acts to be taken by foreign investment enterprises to the Government in respect of: (i) Consider violations of their legitimate rights by all levels of the people's Government and its working sectors or their staff; (ii) Believing that all levels of the people's Government and its working sectors or their staff do not carry out the matter under the law or do not perform other statutory responsibilities; (iii) Consider that citizens, legal persons or other organizations affect their normal operating order; (iv) Consider that the parties to the cooperation violate their legitimate rights and interests in violation of national laws, regulations and international practices; (v) Other matters where their legitimate rights and interests are violated. Article IV. This approach applies to the admissibility and processing of commercial complaints within the city's administration. The admissibility and processing of a complaint by a foreigner is governed by the principles of law, justice and efficiency. Chapter II Complaints bodies Article 6. The Foreigners Complaints Centre of the Municipal Government (hereinafter referred to as the Municipal Complaints Centre) is the specialized agency responsible for the receipt and processing of complaints from foreign business in the city. The primary responsibility is: (i) To guide, coordinate, monitor and monitor complaints by the entire municipality; (ii) To receive expatriate complaints, to organize investigations, coordination and to provide comments. The Government of the commune is invited to take a decision to deal with major complaints cases or to make recommendations; (iii) Transfer of complaints cases to district (commune) or related sectors; (iv) To promote the processing of views or the implementation of decisions, and to keep complaints from outsiders regularly informed; (v) Participation in the evaluation of the objective of investment environmental responsibility in the district (market) and the municipalities; (vi) criticize the non-please of rejecting the prosecution or dealing with the decision-making units, and recommends that the relevant departments give the appropriate disposal to their responsible persons; (vii) Organizing policy research, experience-sharing activities related to external complaints; (viii) Advisory services for foreign investors; (ix) Other matters relating to the conduct of the office. Article 7. The People's Government of the District (market) shall establish or designate specialized agencies [as described below as the District Complaints Institution] to deal with business complaints within the Territory and to receive operational guidance from the Urban Complaints Centre. Article 8 introduces a joint mechanism for dealing with major complaints cases, which is convened by the Head of Government, with the participation of the relevant sectoral constituencies. Where necessary, representatives of foreign investment enterprises may be invited to participate in the joint meeting. Chapter III Complaints Article 9. Commercial investment enterprises and their clients may lodge complaints under this approach. Article 10 entrusts another person with a complaint and must submit a letter of authorization from the author's signature or chapter; the authorization must contain matters, competence and time limits. Article 11. Commercial complaints before a complaint body must be in compliance with the following conditions: (i) A clear complaint target; (ii) There are specific facts, grounds and requests for complaints; (iii) In accordance with the scope of admissibility set out in article III of this approach. The following outsiders' complaints are received by the Municipal Complaints Centre: (i) Complaints concerning the Government of the city and its work sector, the People's Government of the District of the Lyll High New Technologies Development Zone, the Loan Economic Technology Development Zone; (ii) Complaints involving two or more districts (markets); (iii) Other significant impacts should be received by the municipal complaints centre. Commercial complaints other than the preceding paragraph are admissible by the District Complaints Agency. The following article 13. (i) The legal process, such as administrative review, arbitration, litigation, must be resolved in accordance with the law, and is already under review, arbitration, proceedings; (ii) Complaints involving the judiciary or military organs; (iii) The question of complaints is not directly related to the complainant; (iv) There is no clear complaint target and specific facts, grounds and requests; (v) Anonymous complaints; (vi) The question of complaints goes beyond the scope specified in this approach. Article 14. The complaint shall submit a complaint to the complaints body. Complaints in the form of oral, telephone, e-mail should be made after the complaint is admissible. The complaint should be written in Chinese instruments, in other words, and should be accompanied by formal translations. Complaints include specific elements such as the name of the complainant and the name of the complainant (name), address, contact, facts, grounds and requests). In article 16, the complainant shall provide the necessary proof that the complaint body considers that, if necessary, the applicant may request the author to provide the approval document established by the enterprise, the approval of the certificate, the licence of business and other necessary information. The complaint body, upon receipt of a complaint, shall, within three working days, communicate the letter of acceptance to the author of the complaint with respect to the extent to which it is admissible and in accordance with article 11 of this approach. In the case of inadmissible complaints, the complaint body should provide the complainant with information on the grounds of inadmissibility within three working days and inform the complainant to apply to the relevant authorities in accordance with the statutory procedures. The complaint body does not send a letter of acceptance or is inadmissible within the time specified, and the complainant may lodge a complaint directly to the complaints body at the highest level. Chapter IV Treatment of complaints Article 19 City Complaints Centre, district (community) complaints institutions should investigate and coordinate complaints from external business. Since the date of the complaint, the period of investigation, coordination is generally not more than 30 days; exceptional cases, the complaint body may extend the period of investigation, coordination, without a maximum of 60 days. Article 20, after investigation, coordination, upon application by a complaint party, was agreed by other parties that the investigation, coordination could be reactivated, but that the period of re-entry, coordination should not exceed 30 days. Article 21 cannot be resolved in a coordinated manner, and the complaints bodies are dealt with according to different circumstances: (i) Clear and responsible complaints and referrals to the relevant sectors. The departments concerned should be contracted within one working day, with 10 working days and written replies to the complaints body. The complaint body shall communicate the results in writing to the complainant within three working days after receipt of the outcome. (ii) In the light of the complexity of the situation and complaints involving multiple sectors, the complaints bodies may directly coordinate the responses to the relevant sectoral studies; or, in the light of the circumstances, transfer the relevant sectors. The departments concerned should be collected within one working day, with written responses within 10 working days and responses to complaints bodies. Complaints bodies have made submissions within seven working days of the termination of the investigation, coordination or follow-up decisions by the Government of the people at the current level and will inform the complainant in writing of the results within three working days. (iii) With regard to major complaints matters, the complaints bodies should, on the basis of the facts, provide comments within seven working days and report to the Government of the people at the current level within three working days. The complaint body has informed the complainant in writing within three working days from the date of receipt of the decision of the Government. The relevant units and their personnel should cooperate in the investigation and treatment of complaints by the complaints body and provide evidence related to complaints matters. Article 23. The complainant and the complainant have the right to seek to avoid staff members who have a stake in the matter of the complaint. Article 24 provides confidentiality to the complainants and the complainants regarding the matter of the complaint and the commercial secret or other information involved in the handling of the complaint. Article 25 The complainant and the author of the complaint objected to the treatment of views or to the decision, may apply for review to the superior complaints body within 15 days of the date of the processing of observations or the processing of the decision to be delivered, or directly for arbitration or prosecution. Article 26 has one of the following cases and the end of the complaint: (i) An investigation and coordination of complaints matters can be resolved; (ii) The complaint body has made any comments or taken to deal with the decision; (iii) The verification that the complaint is incompatible with the facts; (iv) The complainant does not cooperate, reject the availability of facts or do not participate in coordination activities; (v) The complainant withdrew the complaint; (vi) In the handling of complaints, the question of complaints was found to involve the judiciary or military bodies. Article 27 (Central) District Complaints Agency considers the merits and complexity of the complaints before it, may request the municipal complaints centre to assist in processing or directly bring to the municipal complaints centre. Article twenty-eighth complaints bodies monitor the handling and handling of complaints or the enforcement of decisions. Complaints bodies may be criticized and recommended that the relevant authorities give the appropriate treatment to the responsible persons concerned. Article 29 of the complaint body concerned the alleged egregious, unlawful acts discovered in the course of the handling of the complaint cases, which are referred to disciplinary, inspection or judicial bodies in accordance with the relevant provisions. Article 33 Staff members of the complaints body to play negligence, favour private fraud, abuse of authority, receive bribes, are administratively disposed of by the unit of the institution or the relevant department; and constitute criminal responsibility by the judiciary. Article 31 rejects, impedes the performance of the official duties of the complainant's staff by virtue of law and is not a minor offence punishable by the public security authorities in accordance with the Regulations on the Safety and Security of the People's Republic of China; constitutes an offence punishable by law by the judiciary. Chapter V Article III, Port-au-au-au-au-au-Prince, renowned investment enterprises and investors, representations established by the field out-of-the-trainer investment enterprises in this city by law ( branches), field-based investment enterprises and investors' complaints are implemented in the light of this approach. The desk complaints are made by the Complaints Body and the Taiwan Affairs Authority in accordance with the Investment Protection Act of the People's Republic of China on Taiwan and in the light of this approach. Article 33 of this approach has been implemented effective 10 January 2004. The provisional provision for the Liveli Municipality Complaints, issued on 14 January 2002, was also repealed. |
