Measures for the Provision of Services for Handling Complaints of Foreign-Funded Enterprises in Guangdong Province

· Document Number：Order No. 204 of the People's Government of Guangdong Province

· Area of Law： Foreign Economy and Trade

· Level of Authority： Local Government Rules

· Date issued：10-27-2014

· Effective Date：12-15-2014

· Status： Effective

· Issuing Authority： People's Government of Guangdong Province

Order of the People's Government of Guangdong Province
(No. 204)
The Measures for the Provision of Services for Handling Complaints of Foreign-Funded Enterprises in Guangdong Province, as adopted at the 32nd executive meeting of the Twelfth People's Congress of the People's Government of Guangdong Province onSeptember 22, 2014, is hereby issued, and shall come into force on December 15, 2014,
Governor: Zhu Xiaodan
October 27, 2014
Measures for the Provision of Services for Handling Complaints of Foreign-Funded Enterprises in Guangdong Province
Article 1 To timely and effectively handle complaints of foreign-funded enterprises, guarantee the legitimate rights and interests of foreign-funded enterprises and their investors, and further optimize the investment environment of Guangdong Province, these Measures are formulated in accordance with the laws and regulations of the state and in light of the actualities of Guangdong Province.
Article 2 These Measures shall apply to the acceptance and handling of complaints of foreign-funded enterprises within the administrative regions of Guangdong Province.
Article 3 For the purpose of these Measures, “complaints of foreign-funded enterprises” means the acts of reporting problems to complaint handling departments of foreign-funded enterprises (hereinafter referred to as “complaint handing departments”) and requiring such departments to coordinate in solving such problems conducted by theChinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and wholly foreign-owned enterprises (hereinafter referred to as “foreign-funded enterprises”) formed in accordance with the law and their Chinese and foreign investors (hereinafter referred to as“complainants”) which deem that their rights and interest are damaged by government departments or other entities and their staff members in the process of the formation, production, business operation or termination of such enterprises.
Article 4 The handling of complaints of foreign-funded enterprises shall adhere to the principles of compliance with law and evidence,fairness and impartiality, and convenience and efficiency.
Article 5 The administrative department ofcommerce of Guangdong Province shall take charge of coordinating with, guiding and supervising the handling of complaints of foreign-funded enterprises throughout Guangdong Province.
Departments in charge of the handling of complaints of foreign-funded enterprises under the people's governments of cities at or above the prefecture level and the people's governments of counties (districts)where there are a large number of foreign-funded enterprises and the management committees of economic parks shall undertake the handling of complaints of foreign-funded enterprises within their respective administrative regions.
The administrative departments ofdevelopment and reform, public security, finance, human resources and social security, land resources, environmental protection, taxation, industry and commerce, quality supervision, food and drug regulation, customs, inspection and quarantine and foreign exchange management, among others, shall cooperate with each other in effectively conducting the handling of complaints of foreign-funded enterprises according to the division of duties.
Article 6 Complaint handling departments at all levels shall be responsible for performing the following duties:
(1) Accepting the complaint matters the handling of which is assigned, transferred or supervised by complainants or relevant departments at higher levels.
(2) Convening at regular intervals the relevant departments toconduct research on the handling of complains of foreign-funded enterprises, and coordinating with relevant departments in handling major complaint matters.
(3) Reporting to the competent departments at higher levels the major problems complained about by foreign-funded enterprises, and notifying all relevant entities of the information on complaints against them and handling of complaints, and offer opinions and suggestions.
(4) Conducting trainings on the handling of complaints of foreign-funded enterprises.
(5) Taking charge of the statistics and circumstance analysis on complaints of local foreign-funded enterprises.
(6) Guiding the work of complaint handling agencies at lower levels within their respective administrative regions, and supervising the handling of complaint matters with great impacts.
Article 7 The people's governments at all levels shall provide the necessary financial support for the handling of complaints of foreign-funded enterprises.
Article 8 Complainants shall file complaints with the complaint handling departments at the places where the complaint matters occur. If there is no complaint handling department at the place where a complaint matter occurs, a complainant may file a complaint with the complaint handling department within the administrative region at the next higher level at the place where the complaint matter occurs or the administrative department of commerce of Guangdong Province. Where the complaint handling department at the place where a complaint matter occurs deems that the complaint matter does not fall within the scope of its acceptance, it shall report to the complaint handling department at the next higher level to designate the acceptance thereof.
Article 9 Complainants may file complaints through interviews, letters, faxes, e-mail or other means.
All complaint handling departments shall disclose the channels and methods for handling complaints, and shall, after receiving complaints, timely verify and handle such complaints in accordance with the law.
Article 10 Complaint acceptance conditions:
(1) Complainants' identity certificates are provided.
(2) Complaint objects are specified.
(3) There are specific claims and factual bases.
(4) Complaints fall within the scope of acceptance of complaint handling departments.
If complaint materials are prepared in a foreign language, the Chinese translations thereof shall be attached.
Where a complainant authorizes an agent to make a complaint, the agent shall submit the power of attorney issued by the complainant.
Article 11 Under any of the following circumstances, a complaint shall be rejected:
(1) Where the complainant is anonymous.
(2) Where thecomplaint matter has proceeded into or completed the administrative reconsideration or administrative litigation procedures.
(3) Where the complainant has any misunderstanding about or raises any objection to the relevant provisions of laws, regulations or policies or administrative affairs handling procedures.
(4) Where the complaint has been accepted or the handling of such complaint has been completed by any other complaint handling department.
Article 12 A complaint handling department shall, after receiving the complaint filed by a complainant, conduct the examination thereof within five working days, and notify the complainant of whether to accept the complaint in writing or in any other appropriate manner. Where the complaint is rejected, the reasons therefor shall be given.
Where a complaint fails to meet the acceptance conditions upon interview, the complaint handling department shall notify the complainant on the spot, give the reasons therefor, and put the relevant information on record.
Article 13 Where a complainant raises any objection to the rejection of acceptance of a complaint, it may report the objection to the complaint handling departmentat the next higher level. Where the complaint handling departmentat the next higher level deems that the complaint satisfies the acceptance conditions, it shall notify the complaint handling department to accept the complaint.
Article 14 Methods for handling complaint matters
(1) Where a complaint is handled directly by a complaint handling department, the complaint handling department shall give handling opinions and reply to the complainant within 15 working days from the date of acceptance of the complaint.
(2) Where the handling of a complaint is transferred by a complaint handling department to another relevant department or entity, the relevant department or entity shall, within 15 working days from the date of receipt of the complaint, give e written reply on handling results and opinions to the complaint handling department, and the complaint handling department shall, after receiving the reply, give a reply to the complainant within three working days.
(3) Where more than one complainant files complaints aboutthe same matter against the same entity, the complaints may be handled on a consolidated basis. Where a complaint matter involves multiple departments and has complex circumstances, the time limit for the handling thereof may be extended for 30 working days.
Article 15 Under any of the following circumstances, the handling of a complaint shall be suspended:
(1) Where the complainant requires the suspension of the handling of the complaint as it or he provides some new certification materials or for any other reason.
(2) Where the complaint handling department requires the complainant to supplement the certification materials which may have impact on the handling opinions, but the complainant fails to do so.
(3) Any other circumstance as prescribed by laws or regulations.
The suspension period shall not be included in the time limit for handling.
Article 16 Under any of the following circumstances, the handling of a complaint shall be terminated:
(1) Where the complainant applies for the withdrawal of the complaint.
(2) Where the complaint matter has proceeded into the administrative reconsideration or administrative litigation procedures.
(3) Where one year has lapsed from the date when the handling of the complaint started to be suspended.
(4) Any other circumstance as prescribed by laws or regulations.
Article 17 Where the handling of a complaint is terminated, the complaint handling department shall notify the complainant of the decision of termination within five working days.
Article 18 Where a complainant requires that any trade secret or personal privacy involved in the complaint matter be kept confidential, the complaint handling department shall keep confidential such information.
Article 19 Where a complaint handling department or any of its staff members conducts any of the following acts in violation of the provisions of these Measures, the entity where it or he belongs or the competent department shall order it or him to make corrections, and the sanctions shall be imposed on the directly responsible person-in-charge and other directly responsible persons:
(1) Refusing to accept a complaint matter which falls within the scope of acceptance.
(2) Failing to complete the handling of a complaint or to reply to the complainant within a statutory time limit.
(3) Failing to perform its or his duty of supervising the examination and handling thereof as it or he should.
(4) Violatingthe confidentiality rules.
(5) Any other circumstance as prescribed by laws or regulations.
Article 20 Where a complained department or entity or any of its staff members conducts any of the following acts in violation of the provisions of these Measures, it or he shall be investigated and punished bythe relevant administrative department or supervision organ, and sanctions shall be imposed on the directly responsible person-in-charge and other directly responsible persons:
(1) Where it or he oversteps power, abuses power or fails to do what it or he should doin accordance with the law.
(2) Where it infringes upon the complainant's legitimate rights and interests as the facts found or the application of law or regulation is erroneous due to its or hisintent or gross negligence.
(3) Where it or he shuffles its or his responsibilities to others, or taking a perfunctory attitude, or working in a delayed manner in the handling of a complaint without any justifiable reason.
(4) Where it or he does not raise any objection to the complaint handling opinions but refuses to make corrections.
(5) Where it or he threatens, deliberately creates difficulties for or retaliates the complainant.
Article 21 These Measures shall apply by analogy tothe complaints of the representative offices and branches established in Guangdong Province in accordance with the law by enterprises and other economic organizations in Hong Kong, Macao and foreign countries.
Article 22 The administrative departments of commerce of cities at or above the prefecture level may formulate the detailed implementation rules in accordance with these Measures.
Article 23 These Measures shall come into force on December 15, 2014.