Advanced Search

Xi Foreign Invested Enterprises Complaints Handling Procedures

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Summit No. 16 of 8 May 2003 of the People's Government Order No. 16) of the Western Indian Republic

In order to improve the investment environment in the city, prompt and impartially address complaints from foreign-invest enterprises, preserve the legitimate rights and interests of foreign investment enterprises, and develop this approach in line with relevant national legislation, legislation and regulations.
Article 2, which refers to complaints from foreign investment enterprises registered in the city and foreign enterprises, economic organizations, individuals and foreign Permanent Representatives engaged in business activities in the city (hereinafter referred to as complainants), requires coordination among the relevant functional sectors when their legitimate rights and interests are violated.
Article 3 WAA and the Business Complaints Service Centre (hereinafter referred to as the Urban Complaints Service Centre) are responsible for the processing of complaints by foreign investment enterprises.
Districts, the Government of the People of the District, the various sectors of the municipal government, the development of regional commissions (hereinafter referred to as complaints processing bodies) are specifically responsible for dealing with cases of complaints that are directly admissible and cases of complaints transferred by the municipal complaints service centres.
The Urban Complaints Service Centre provides guidance, supervision and inspection of the work of the complaints-processing body and is responsible for training complaints-processing staff to provide legal advisory services to investors and businesses.
Article 4
(i) Violations of their legitimate rights and interests in investment, construction, production and operation;
(ii) The relevant branches of the Government and their staff violate their legitimate rights and interests in the management and approval process;
(iii) Other violations of their legitimate rights and interests.
Article 5 establishes a network of sound complaints, consisting of the Urban Complaints Service Centre and the People's Government of the District, the relevant sectors at the municipal level and the Regional Committee for Development. Network member units should be civilized in the service process for hospitality, enthusiasm, integrity and timely and efficient handling of complaints cases.
Article 6. The complainant may lodge a complaint to the City Complaints Service Centre, or may lodge a complaint directly to the complaints body.
Article 7. The complainant may, by himself or by the agent, make a complaint, including through interviews, correspondence, fax and e-mail.
Article 8. The complaint shall be in compliance with the following requirements:
(i) A clear complaint target;
(ii) The content of the complaint is real and objective, which falls within the scope of the approach and provides information on the relevant evidence;
(iii) The names of the complainants, duties, units, communication addresses, postal codes, contact calls, fax, email addresses etc.
Article 9. Complaints that have been applied for arbitration, administrative review or proceedings before the People's Court are inadmissible.
Article 10. Upon receipt of a complaint by the City Complaints Service and the Complaints Processing Body, the following provisions shall be made:
(i) Complaints requiring interpretation by the complainant shall respond to the complainant within three days of receipt of the complaint;
(ii) Cases of complaints that are clear and simulated in circumstances shall be dealt with within 7 days;
(iii) The cases of complaints requiring further investigation and research should be dealt with within 15 days; the extension of the period of time due to the need for special circumstances may be extended, but the extension period should not exceed 30 days;
(iv) Complaints involving multiple sectors, coordinated by the Urban Complaints Service Centre to deal with complaints cases that have a significant impact and difficulties, which are coordinated by the municipal complaints service centres.
The Municipal Complaints Service Centre and the Complaints Service Complaints Service Complaints Complaints Complaints Complaints Cases which should be transferred to the relevant functional sectors in a timely manner.
Article 11. Municipal Complaints Service centres, complaints-processing agencies and their staff should strictly address complaints from foreign investment enterprises in a fair and timely manner, in accordance with laws, regulations, regulations and relevant provisions.
Article 12. Municipal Complaints Service centres and complaints-processing agencies should be kept confidential in relation to commercial secrets and personal privacy involved in the handling of complaints. Complaints requiring confidentiality must not be transferred to the complainant.
Article 13. The complainant's objection to the outcome of the complaint, and the Municipal Complaints Service or Complaints Service may be coordinated again, upon the request of the complainant, to direct the complainant to resolve the complaints through administrative review, litigation or arbitration.
Complaints involving one of the following cases may be closed:
(i) Be dealt with in a coordinated manner, the parties agreed to resolve the dispute;
(ii) The complainant voluntarily renounced the complaint and the applicant's application for administrative review, arbitration or proceedings before the People's Court on complaints matters;
(iii) The complainant has no reason to attend coordination activities or to refuse to contact and cooperate with the municipal complaints service centres or the complaints processing body;
(iv) Other circumstances should be closed.
Article 15 provides incentives for units and individuals that deal with the performance of external complaints.
Article 16, which is threatened, suppressed, harassed, derogated or countered by the complainant, is subject to administrative disposition by its units or superior authorities in accordance with the relevant provisions; in serious circumstances, constitutes a crime and is criminalized by the judiciary.
Article 17 Units and individuals refuse to receive, delay the handling of complaints cases or fail to comply with the observations of the complaint, provide them with criticism and may recommend administrative disposition by the author's unit or superior authorities.
Article 18, in the handling of complaints cases, the staff concerned are not responsible for the performance of their duties, insecure, in favour of private fraud, abuse of authority, and receive bribes, and are held in accordance with the law; and in the form of a crime, criminal responsibility is prosecuted by law.
Article 19 impedes the enforcement of official duties by the municipal complaints service centres and the staff of the complaints-processing agencies, in violation of the Law on the Safety and Security of the People's Republic of China, which is governed by the law of the public security authorities; constitutes a crime and is criminalized by the judiciary.
Article 20
Complaints by other domestic investmenters and enterprises invested in the city are carried out in the light of this approach.
Article 21, this approach has been implemented effective 10 June 2003.