Chinanews.com, August 31. According to the website of the Ministry of Commerce, the Ministry of Commerce has recently revised and promulgated the "Measures for Complaints by Foreign-invested Enterprises" (hereinafter referred to as the "Measures"), which will be implemented on October 1, 2020. The "Measures" pointed out that it is necessary to improve the complaint work mechanism. At the central level, establish an inter-ministerial joint conference system for foreign-invested enterprise complaints, and set up a national foreign investment complaint center; at the local level, local people's governments at or above the county level should designate relevant departments or agencies to be responsible for complaints in their respective regions.
According to reports, the Party Central Committee and the State Council attach great importance to the protection of the legitimate rights and interests of foreign investment and have repeatedly requested the establishment of a sound complaint mechanism for foreign-invested enterprises. The Foreign Investment Law and its implementing regulations that have been implemented this year make specific provisions on the complaints of foreign-invested enterprises.
The "Measures" consist of 5 chapters and 33 articles to further refine the relevant requirements of the Foreign Investment Law and its implementing regulations, and improve the relevant systems for foreign investment complaints.
One is to broaden the scope of complaints. The Measures clarify that foreign-invested enterprises and foreign investors can apply to the complaint agency for coordination and settlement of their legal rights and interests being infringed by administrative actions, or report to the complaint agency that there are problems in the investment environment, and it is recommended to improve relevant policies and measures. In addition, chambers of commerce may also report issues concerning the investment environment to the complaint agency.
The second is to improve the complaint working mechanism. At the central level, establish an inter-ministerial joint conference system for foreign-invested enterprise complaints, and set up a national foreign investment complaint center; at the local level, local people's governments at or above the county level should designate relevant departments or agencies to be responsible for complaints in their respective regions. In order to do a good job in the central and local complaints, the "Measures" set out detailed regulations on the file management, situation reporting, regular supervision, and rights protection proposals for complaints.
The third is to clarify the complaint work rules. In order to facilitate complaints by complainants, the "Measures" clearly stipulated the working rules for the submission, acceptance, handling methods, processing time limits, and objections to the handling of complaints, strengthened coordination and handling, and actively promoted the proper settlement of complaints.
The fourth is to increase the protection of rights and interests. The "Measures" attaches great importance to the protection of the rights and interests of the complainant in the process of complaint handling, and stipulates that the complaint does not affect the right of the complainant to initiate administrative reconsideration and administrative litigation in accordance with the law; it requires the complaint agency to take effective measures to protect the complainant’s business secrets, confidential business information and Personal privacy; no unit or individual may suppress or retaliate against the complainant.