No. 34
Measures for the Handling of Complaints from Foreign-invested Enterprises were adopted by the 15th Executive Meeting of Dalian Municipal People's Government on October 16th, 2003, which came into force as of December 1st, 2003.
Mayor: Xia Deren
October 27th, 2003
Measures for the Handling of Complaints from Foreign-invested Enterprises
Article 1.The Measures are formulated to improve the investment environment in Dalian, handle the complaints from foreign-invested enterprises without delay and protect their legal rights and interests.
Article 2.Foreign-invested enterprises within the administrative area of Dalian may, in accordance with the Measures, lodge a complaint if they are not satisfied with the administrative enforcement of law, administrative management or service of the government at each level or departments under different levels of governments, or the institutions entrusted or with the authority of administrative punishment and management.
Each institution to accept the complaints from foreign-invested enterprises should handle the complaints in accordance with these Measures.
Article 3. Dalian Complaint Center for Foreign Investment (located in Dalian Foreign Trade and Economic Cooperation Bureau), is a governmental institution responsible for the handling of complaints from foreign-invested enterprises, including to:
(1)Receive, investigate, supervise and handle the complaints from foreign-invested enterprises of the whole city.
(2) Lead and guide to set up and organize the networks for handling complaints from foreign investors.
(3) Handle the complaint cases from foreign-invested enterprises assigned by national, provincial and city leaders.
(4)Supervise and coordinate the work for handling the complaints from foreign investors of the county (city or district) governments, the administrative committees of Dalian Economic and Technical Development Zone, Dalian Bonded Area, Dalian Golden Pebble Beach National Holiday Resort, and Dalian Hi-tech Industrial Park (called the Leading Zones hereinafter), and the concerned departments of the municipal government.
(5) Coordinate the work of handling the complaints from foreign investors of trans-districts or trans-departments (including judicial departments and units directly under the central government).
(6)Handle other works assigned by the Municipal Coordination Team for the Complaints from Foreign Investors.
Article 4.County (city or district) governments, administrative committees of the Leading Zones and departments concerned of the municipal government should set up a network to handle foreign investors' complaints, open a hot telephone line and appoint departments to handle foreign investors' complaints in the precincts of the zones and departments as well as those assigned by the departments of higher authorities.
Article 5.The administrative personnel of foreign-invested enterprises, Chinese or foreign investors, or their representatives approved or applying for approval, can, as complainants, complain to the department for handling foreign investors'complaints.
Article 6.Complaints can be made through correspondence, faxes, interviews, telephone calls and e-mails. Complainants should represent faithfully the situation with specific and explicit contents.
Article 7.If the complainants bring the complaints to the people's court or apply for arbitration by the arbitral authority, the departments for handling foreign investors' complaints will not accept their complaints, and the handling of already accepted ones will be terminated.
Article 8.In principle, complaints should be made to the institutions for handling foreign investors'complaints in their locations or those related to their complaints. For trans-district or trans-department problems or those inconvenient to complain to the local institutions, the complainants can complain to the Municipal Complaint Center for Foreign Investment.
Article 9.The complainants, if unsatisfied with the results of the complaints handling institution, can directly present the case to the Municipal Complaint Center for Foreign Investment. After receiving the complaints, the Municipal Complaint Center for Foreign Investment should carry out investigation on the case concerned and inform the complainants in written form if the original resolutions are right and proper. If the original resolutions are not right or proper, the Municipal Complaint Center can handle the complaints directly or instruct the original handling institution to rehandle the complaints.
Article 10.On receiving the complaint materials submitted by the complainants, the institution of handling the complaints of foreign investment should keep a record, deliver the complaints to the concerned departments according to specific situations, or investigate and handle the complaints together with concerned departments. For issues of great significance, the handling institution should report them to the people's governments at the same levels.
Article 11.After receiving the complaints, the institutions of handling the complaints from foreign investors should, within three days, make the decision on whether to accept the complaints, and inform the complainants.If accepted, generally, complaints should be completed within a week and those needing investigations should be completed within 30 working days and if they can not be completed within 30 days, the complaint handling institutions should report them to the leaders in charge and explain the circumstances to the complainants.
Article 12. After the case of complaint is completed, the county (city or district) governments, the administrative committees of the Leading Zones and the concerned departments of the municipal government should deliver the original copy of the case-ending documents to the complainants and the complainants shall sign on the duplicate copies. And at the same time, the result should be reported to the Municipal Complaint Center for Foreign Investment for records.
Article 13.The institutions of handling the complaints from foreign investors and their staff should protect the legal rights and interests of foreign investors in accordance with the law and impartially handle the complaints of foreign-invested enterprises objectively without delay. Persons abusing the authority, dereliction of duties or practicing favoritism, will be given administrative punishment by their units or the departments of higher levels. Those making up to a crime will be pursued criminal responsibilities by the judicial authorities.
Article 14.Complaint filing and handling of overseas Chinese investors or investors from Hong Kong, Macao, Taiwan can be in accordance with these Measures.
Article 15.With investment, construction and production difficulties that need the coordination of departments concerned, foreign-invested enterprises can resort directly to departments concerned, or apply for coordination or handling according to the complaint procedures formulated in the Measure.
Article 16.Dalian Complaint Center for Foreign Investment should formulate concrete detailed rules for the implementation according to the Measures.
Article 17.The Measures will come into force as of December 1st, 2003.The Temporary Handling Measures for Complaint from Foreign-Invested Enterprises (DaZhengfa [1993] No. 18) issued by Dalian Municipal People's Government on February 15th, 1993 will be rescinded at the same time.
Keywords: Foreign Investor, Complaints, Measures, Order
Send duplicates to: the People's Governments of each district, city and county. Committees, Offices, Bureaus and Institutions directly under the Municipal Government.
General Office of the Municipal Party Committee, General Office of the Commission for Discipline Inspection, General Office of the Standing Committee of the Municipal People's Congress, General Office of the Municipal Political Consultative Conference, each Democratic Party, People's Organization, the City's Court, Procuratorate Authorities, Newspaper Offices, Radio Stations, Televisions Stations, the Party Schools, the Cadre College, No. 92538 and 93176 Army, and the Military Subarea.
(1200 Copies Printed in Total)
General Office of Dalian Municipal People's Government
Printed and Promulgated on October 27, 2003
