Zhuhai Enterprises And Protection Of Entrepreneurs ' Rights Approaches

Original Language Title: 珠海市企业和企业经营者权益保护办法

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Zhuhai enterprises and protection of entrepreneurs ' rights approaches

    (January 8, 2009 Zhuhai city people's Government, the 91st Executive meeting announced on January 10, 2009 the Zhuhai municipal people's Government, the 66th since February 20, 2009) first to protect the interests of enterprises and entrepreneurs and create a good investment environment, promote the development of enterprises, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article legally established organizations within the administrative area of the city (including individual businesses) and Enterprise operators and managers respect and protection of rights and interests, these measures shall apply.

    Enterprise managers in these measures refers to business management terms of reference according to the law and the responsibility of management enterprises in charge.

    The interests of enterprises and entrepreneurs in these measures refers to the property rights of the enterprise and business operator shall have the management right, as well as other rights associated with it.

    The third people's Governments at various levels shall encourage and guide the development of enterprises, shall protect the interests of enterprises and entrepreneurs and create a fair competition environment.

    Article administrative organs at all levels should administration according to law and improve administrative efficiency, in order to create a good environment for development.

    Administrative authorities at various levels shall, within the terms of reference of the investigation according to law against enterprises and entrepreneurs ' Rights Act.

    Fifth business and business operators should be engaged in the production and management activities according to law, effective implementation of corporate social responsibility, must not harm the interests of employees and consumers.

    Encourage businesses and entrepreneurs to support and participate in the public service.

    Sixth, no unit or individual may obstruct the normal order of production and operation of enterprises.

    Any unit and individual have the right to infringe on enterprises and enterprises ' rights and social supervision.

    News media has the right to infringe on one's businesses and entrepreneurs be monitored.

    The seventh municipal district people's Government (economic zone) shall establish a system of joint enterprises and the protection of entrepreneurs ' rights work, coordinate business and major problems in the protection of entrepreneurs ' rights, specific work by the city and district trade departments.

    State-owned assets, foreign trade, industry and commerce, public security, supervision, taxation, quality, price, customs, inspection and quarantine departments, and shall perform their respective duties, safeguard interests of enterprises and entrepreneurs.

    Eighth of municipal and district people's Government to make relevant supporting policies, especially those ports, energy, aviation, boats, medicine, logistics and other industries, as well as modern services and high-tech enterprises.

    City and district governments to strengthen infrastructure construction and public input, for enterprises to create a good business environment.

    Nineth for enterprise and protection of entrepreneurs ' rights in work units and individuals who made outstanding contributions, Governments at all levels shall commend or award.

    Municipal and district people's Government shall establish a violation of business and corporate responsibility system operator rights, promptly correct violations.

    The tenth city and regional Labor and social security departments should be in conjunction with the trade unions and enterprises to establish a tripartite mechanism for coordinating labor relations, research consultation on major issues involving labor relations, put forward comments and suggestions to solve the problem, and promoting harmony between the Trade Union and the enterprise, enterprise managers and cooperation.

    11th enterprises belong to industry associations shall perform maintenance companies and of enterprise operators ' rights and responsibilities, guide production and management according to law, business and Enterprise operators fulfill their corporate social responsibilities for enterprises and business service providers.

    The 12th article of the city covering enterprise and operator substantial interest when local laws, government regulations and regulatory documents should be adopted by many enterprises and entrepreneurs would be widely consulted in the form of comments and suggestions. 13th believed to the normative documents, departments of people's Governments at all levels and functions of violations of their rights, may apply to the Municipal Department of Legal Affairs be reviewed.

    Review the legal department shall, within 15 working days from the date of receipt of the application will review the results to inform the applicant in writing.

    14th administrative organs at all levels the implementation of administrative licensing shall be based on laws, regulations and rules as the basis of enterprise meets the statutory requirements, standards of administrative Licensing application, shall, within the prescribed period of time.

    15th administrative organs at all levels the implementation of administrative punishments shall be based on laws, regulations and rules as the basis, ordered to suspend or revoke the license of the enterprise according to, the larger the amount of fines and other administrative penalties before a decision, it shall inform the enterprise has the right to require hearings, companies request a hearing, the administrative organ shall organize the hearing. 16th municipal Legislative Affairs Department should be sound files comments on the system of administrative punishment, the 15th major implications of these measures of administrative penalty to file comments looks up, the error of law, punishment illegal procedures such as the right to make a correct decision.

    The administrative organ shall be corrected and written feedback the Government Legal Department.

    17th administrative organs, public institutions at all levels to implement fees system, go to the business charges, should produce a toll permit, informed basis and to issue statutory instruments made by the Department prohibited unauthorized charges, excessive fees, independent project fees, banned on the same charges in legal fees within the time limit. 18th administrative organs and their staff at all levels to implement supervision and inspection shall be strictly in accordance with the laws, regulations and rules of conduct.

    Any of the following circumstances, enterprises have the right to refuse:

    (A) not according to the laws, regulations and rules.

    (B) law enforcement officers less than two persons.

    (C) does not produce a valid certificate of administrative law enforcement.

    (D) no clear supervision and inspection matters.

    19th levels of administrative organs and their staff shall conduct supervision and inspection of the enterprise will not affect the normal production and operation of enterprises activity, check fee charged shall not be violation or take samples shall not solicit or accept a corporate property, and shall not seek other interests.

    20th Executive to the enterprises ' production and management products for inspection, examination, testing, should be carried out in accordance with the provisions of laws and regulations. Of enterprise production and management by administrative organs in accordance with the product for inspection, examination, testing needs to sample shall not exceed the number of technical standards, standards requirements.

    Extract the precious samples, will the executive authorities should be returned to the original 5th after the inspection, testing and cannot return, he shall be given compensation equivalent to the original value.

    21st of municipal and district people's Government shall do a good co-ordination of supervision and inspection, supervision and inspection of enterprises can be completed, should organize the relevant administrative organs to implement merger or joint inspection.

    Legal inspection and testing technical bodies on the same batches of products lawfully checking of the conclusions or results, relevant administrative organ should be used.

    22nd levels of administrative organ for implementing administrative licensing, administrative punishment and administrative compulsory measures as well as supervision and inspection, and shall record the processing result, after being signed by the person concerned and file a company's right to inspection in accordance with regulations.

    23rd executive authorities at all levels should implement e-Government, administrative license, the administrative punishment and supervision and inspection-related information is shared with other relevant administrative organs, enhance work efficiency.

    24th levels of administrative organs and institutions shall not interfere with normal operation of the following activities or acts that are against the interests of the enterprises and entrepreneurs:

    (A) forcing or disguised forced companies to accept without approval of the Authority's assessment, appraisal, assessment, compliance, upgrades, sorting and other activities.

    (B) to assessment, evaluation, assessment, compliance, upgrades, sorting, and other costs charged to the enterprise has no legal basis in the name.

    (C) the force or disguised forced companies to accept no legal training, service, purchase the specified products.

    (D) mandatory or disguised forced companies to accept paid news, subscriptions to newspapers, magazines, books, and so on.

    (E) mandatory or disguised forced enterprises to participate in various social groups, providing sponsorship or donation, buying securities, participation in the laws and regulations other than the insurance.

    (F) the free use company property or obtaining property by apparently no price from the enterprise, enterprises passed on costs or the business, financial, free call.

    (VII) interfere with enterprise legal autonomy, compulsion or force places personnel in enterprises in disguise.

    (H) the administrative functions into a paid service.

    (I) without a business license, open core technology and business secret information.

    (J) the force or disguised cases of forcing companies to provide dinner, entertainment, tourism and other activities.

    (11) use for himself, relatives, friends, or others seek illegal interests.

    (12) other acts of violation of the interests of enterprises and entrepreneurs.

    The above acts, managers of enterprises and enterprises have the right to refuse, and complaints to the watchdog.

    25th of municipal and district people's Government and the relevant departments should be fiscal, monetary, industrial policy and other aspects of enterprise patent invention and creation of brand support.

    Administrative organs, public institutions at all levels should be in accordance with the enterprise patent, copyright, trademark and other intellectual property protection, violations of intellectual property law in time.

    Article 26th administrative organs at all levels should maintain a normal market order, for manufacturing and selling fake and shoddy products, illegal trade, encroach upon criminal acts such as theft of company property, should be investigated in a timely manner, in order to create a good business environment.

    Enterprise and business operators shall exercise the right to be obstructed, threats, intimidation, physical attacks and other wrongful acts violating the administrative organ shall be protected by law.

    27th any unit and individual have the right to report, complaints against the interests of enterprises and entrepreneurs.

    Authorities shall publish reports, complaints, receiving reports, complaints, reports, complaints shall be protected by law. Authorities after receiving the reports, complaints, should be verified, at the 30th, anonymous reports, complaints, and shall give a written reply.

    Otherwise provided by laws and regulations, from its provisions.

    28th the relevant departments of the enterprise, the enterprise is a member of industry associations and other interested social groups reflect the views and recommendations shall give a written reply within 15 working days.

    29th of municipal and district people, Governments should set up by government departments, industry associations, enterprises involved in responding to overseas anti-dumping, countervailing, safeguard and maintain domestic industrial security mechanism, use their rights under WTO rules to safeguard business interests.

    In responding to overseas anti-dumping, countervailing and safeguard measures in the process of enterprises may own or entrust Enterprise belong to industry associations and other interested community groups to apply in trade remedy the municipal foreign economic and Trade Department. Article 30th when unfair treatment abroad in the import and export trade, you can request for help to the municipal foreign trade and economic cooperation Department.

    Municipal foreign economic and Trade Department shall cooperate with the relevant departments of the State foreign trade barrier investigation representations.

    31st levels of administrative organs and institutions and their staff members in violation of the article 14th, 15th, 17th, 19th, 20th, 25th, 26th, article by the supervisory authority shall order within a time limit, return of illegal fees charged by, and directly responsible for the charge and other direct liable persons shall be disposed of; constitutes a crime, criminal responsibility shall be investigated according to law.

    32nd levels of administrative organs, public institutions and their personnel in violation of these regulations the 14th, 15th and 17th article, causing damage to the interests of enterprises and entrepreneurs, shall give compensation.

    33rd levels of administrative bodies and institutions and their staff fails to perform or delay in performing its statutory responsibilities by the supervisory departments shall be disposed of; damage caused to the interests of enterprises and entrepreneurs shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law. 34th levels of administrative organs and institutions and their staff to ask for or accept corporate property or seek other benefits, shall be recovered in accordance with law.

    Directly responsible in charge and other direct liable persons shall take disciplinary actions against the case constitutes a crime, criminal responsibility shall be investigated according to law. 35th these measures shall come into force on February 20, 2009.