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The notice about interim measurements for complaints from foreign investors in Luzhai county

Date: 2016-10-17            Source:       Name:[ Big Middle Small ]

No. 29 (2008) published by Luzhai Government

Notice

About Interim Measurements for Complaints from Foreign Investors in Luzhai County

By Luzhai People’s Government

Township Governments and Directly under the Departments:

Execute it seriously after distribution of Interim Measurements for Complaints form Foreign investors in Luzahi County

21st, July, 2008

Interim Measurements for Complaints form Foreign investors in Luzahi County

1. To protect foreign investors’ lawful rights and interests, according to the related State laws and regulations, this Interim Measurements, combined with legal norm, are enacted especially for investment environment, economic development, coordinating the complains from foreign-funded enterprises timely and fairly.

2. The complaints from foreign investor in the Interim Measurement refer to appeals between arbitration agency and respondent during application, preparation, producing and operating.

3. Complainant mentioned in the Interim Measurement refers to within the county the one :
a. Is the investor or legal person who has already set up foreign invested enterprise;
b. Is the investor who is applying for foreign invested enterprise.
 

4. Respondent mentioned in the Interim Measurement refers to administrative agencies at all levels, public institutions and their staff, who are involved, confirmed by complainant within the county, in all situations specified in article 8 of the interim measurement.
 

5. Complaints shall be included in one of three ways: written, telephone or direct verbal, and the complainant when complain should provide the following:
a. Basic information of the complainant, including name, occupation, company, and contact details;
b. The name of the company that complainant complains, and complainant’s name and company;
c. The fact that complainant complains and the claim that complainant makes;
d. Relevant evidence easy to verify.

6. To establish Luzhai Foreign Enterprise Complaint Center (hereinafter referred to as LFECC), located within Luzhai Supervision Bureau (Tel: 6812125, Email: lzxwstszx@163.com ). The responsibility of LFECC is mainly for accepting, undertaking, transmitting, supervising the claims that foreign investor complains.

7. The responsibilities of Complaint Center (hereinafter referred to as CC) as following:
a. To accept, handle and reply the complaints;
b. To assist the CC to solve and handle what the complainant complains;
c. To deal with the case the CC has transmitted;
d. To execute the decisions made by the CC;
e. To submit the complaint result to the CC timely registered for the record;

 

f. To provide reference service timely.

8. Foreign invertor can complain when considering one of followings happened:
a. Administrative permission and other formalities are refused or delayed by defendant;
       b. The defendant requires the complaint to fulfill the obligations through the ways of illegal collection, raising funds, fine, apportion or others;
c. By the name of inspection, government officials ask for bribes from the enterprise;
d. The business or economic and technological cooperation are  Intervened, interfered illegally from the defendant,
e. Preferential policies the complaint should be enjoyed has not been implemented;
f. Other matters the complaint believe that should be complained.

9. The Complaint Center will settle the complaint as the following:
a. If cleared and uncomplicated, defendant should fulfill the decision within 2 work days;
b. If cleared and complicated, and directly accepted by CC, the CC should inform the party concerned in written within 2 days from accepting; if the complaint is needed to transfer to relevant department to investigate, research and decide, the CC should put forward suggestion for transfer and deliver to relevant department within 2 days from accepting. relevant department should settle the complaint within 5 work days since receiving notice for transfer, and return it back to the LFECC and the party concerned within 2 days;
c. For complaint seriously or completed by morn than one department, LFECC should form a team with relevant departments to investigate and settle it. If the case needs to be settled in more days (morn than 5 days) because of special circumstances, it should be approved by the leaders of CC in advance and the party concerned.

10. The CC should not be accepted in any of the following occurred:
a. Complaint by anonymous;
b. Arbitration, reconsideration complainant has applied for, or  a complaint complainant has lodged, or complaint arbitration agency, reconsideration department or a people’s court has accepted;
c. The dispute should be settled by litigation or arbitration in written in the contract or agreement;
d. Labor dispute.

11. By cadre management permissions, organization department shall handle, in accordance with the relevant provision, the complaint for foreign investor, if defendant has broken the rule after verification;

12. Not satisfied or refuse to obey arbitration, complaint shall request review or make a appeal to the higher authority in according with relevant regulation.

13. Received the notification, the defendant shall initially settle the dispute through friendly negotiation with the complainant, and actively cooperate with CC or arbitration agencies.

14. In dealing with complaint, the CC shall appoint the arbitration agency if unsettled by arbitration agencies; the CC shall participate in coordination and settlement if the arbitration agency itself with difficult to settle the issue.

15. In dealing with complaint, arbitration agency or the CC shall terminate the complaint and inform the complainant and the defendant, if one of followings happened.

16. Discipline inspection authority or relevant departments shall, in according to related regulation, take it seriously and inform media, if the related party and company neither review or appeal it nor implement timely or fully after the final decision of the issue made by arbitration agency or the CC.

17. Each relevant administrative department shall settle the complaint assigned by the CC. For the settlement without serious, concern or stipulation, it should be through a notice of criticism, media exposure, punishment from the company or the Party. Turning over to judicial organs for investigation if made adverse impact or heavy loss.

18. It shall be punished seriously in according with relevant regulation when it is verified that the complaint including person or department is threatened, intimidated or retaliated.

19. It shall be on accountability seriously for leak-out and compromising in dealing with complaint.

20. Upon approval, media reports may be covered overall for the complaint that typical or seriously damage the interests of investors.

21. For other complaints from investors, it shall be implemented in according with The Interim Measurements above.

22. This Interim Measurements shall be interpreted by the County Supervision.

23. It shall be implemented referring to Interim Measurements for Complaints form Foreign investors in Guanxi, if complaint involving foreign investor not specified in this Interim Measurement.

24. Since the date of enforcement of this interim measurements, It shall be subject to this Interim Measurements if the existing relevant policies and regulations not inconsistent with this Interim Measurements.