Page 222 - 2021 White Paper
P. 222
1 White Paper on the Business Environment in China
2. Adjustments on Agencies for Han- 3. More Specific Rules on Handling
dling Complaints Complaints
In addition to the National Center for Complaints The new Measures for Complaints specify details
of Foreign-invested Enterprises and the departments of materials that shall be included in a complaint10.
for handling complaints designated by local If the materials are incomplete, a one-time written
governments at all levels6, established in accordance notice shall be issued within 7 working days and a
with the original Interim Measures, a “joint period of 15 working days shall be seen for procedural
meeting system for complaints of foreign-invested matters including corrections11, duration on
enterprises” (hereinafter, the “Joint Meeting”) 7 at the handling complaints, relief and remedy in case of
central level has been added to the new Measures objection against the complaint. The Measures for
for Complaints. The Joint Meeting is established Complaints also provide an authorized complaint12.
by the Ministry of Commerce in cooperation with However, the original Interim Measures simply set
the relevant departments under the State Council, out the conditions for the review and acceptance of
primarily, to coordinate and promote on handling complaints13, while the detailed required materials
complaints of foreign-invested enterprises at were determined by the departments at their
the central level, and to guide and supervise on discretions, and neither period of correction nor
the local complaints. The Joint Meeting Office is the condition of the authorized complaints was
set up in the Department of Foreign Investment provided.
Administration of the Ministry of Commerce.
The new Measures for Complaints states that
However, the National Complaints Center for for complaints involving multiple departments or
Foreign-invested Enterprises will handle complaints complicated matters, the time limits can be extended
subject to a smaller scope. In accordance with the as appropriate14. However, it does not provide
original Interim Measures, the National Complaint the specific working days that can be granted for
Center for Foreign-invested Enterprises was extension agreed by the person in charge of the
responsible for reviewing complaints directly organizations for complaints. This can be adverse to
from foreign-invested enterprises, as well as from improv efficiency of handling complaints, and it may
foreign-invested enterprises across provinces cause delay for complaint proceedings.
and cities, and foreign-invested enterprises with
significant influence8. However, the new Measures The Measures for Complaints provides that the
for Complaints state that the National Complaint complaints shall be determined in no more than
Center for Foreign-invested Enterprises can only one year15. Such period is too long. Pursuant to the
be responsible for reviewing complaints involving Administrative Reconsideration Law, generally, if a
administrative actions by the relevant departments citizen, legal person or other organization believes
of the State Council and provincial governments, that a specific administrative actions infringe on
and suggestions on the relevant departments and their legal rights and interests, they may submit
provincial governments of the State Council, or with an application for administrative reconsideration
all complaints significant national or international within sixty days of their knowledge of such specific
influence9. administrative actions16. Therefore, in accordance
6 Measures for Handling Complaints of Foreign-invested 10 Measures for Handling Complaints of Foreign-invest-
Enterprises, Article 5 (2) ed Enterprises, Article 11
7 Interim Measures for Handling Complaints of For- 11 Measures for Handling Complaints of Foreign-invest-
eign-invested Enterprises, Article 5 (1) ed Enterprises, Article 13
8 Interim Measures for Handling Complaints of For- 12 Measures for Handling Complaints of Foreign-invest-
eign-invested Enterprises, Article 5 (1) ed Enterprises, Article 12
9 Measures for Handling Complaints of Foreign-invested 13 Interim Measures for Handling Complaints of For-
Enterprises, Article 6 eign-invested Enterprises, Article 8
14 Measures for Handling Complaints of Foreign-invest-
ed Enterprises, Article 19
15 Measures for Handling Complaints of Foreign-invest-
ed Enterprises, Article 21
16 Administration Consideration Law, Article 9
222
2. Adjustments on Agencies for Han- 3. More Specific Rules on Handling
dling Complaints Complaints
In addition to the National Center for Complaints The new Measures for Complaints specify details
of Foreign-invested Enterprises and the departments of materials that shall be included in a complaint10.
for handling complaints designated by local If the materials are incomplete, a one-time written
governments at all levels6, established in accordance notice shall be issued within 7 working days and a
with the original Interim Measures, a “joint period of 15 working days shall be seen for procedural
meeting system for complaints of foreign-invested matters including corrections11, duration on
enterprises” (hereinafter, the “Joint Meeting”) 7 at the handling complaints, relief and remedy in case of
central level has been added to the new Measures objection against the complaint. The Measures for
for Complaints. The Joint Meeting is established Complaints also provide an authorized complaint12.
by the Ministry of Commerce in cooperation with However, the original Interim Measures simply set
the relevant departments under the State Council, out the conditions for the review and acceptance of
primarily, to coordinate and promote on handling complaints13, while the detailed required materials
complaints of foreign-invested enterprises at were determined by the departments at their
the central level, and to guide and supervise on discretions, and neither period of correction nor
the local complaints. The Joint Meeting Office is the condition of the authorized complaints was
set up in the Department of Foreign Investment provided.
Administration of the Ministry of Commerce.
The new Measures for Complaints states that
However, the National Complaints Center for for complaints involving multiple departments or
Foreign-invested Enterprises will handle complaints complicated matters, the time limits can be extended
subject to a smaller scope. In accordance with the as appropriate14. However, it does not provide
original Interim Measures, the National Complaint the specific working days that can be granted for
Center for Foreign-invested Enterprises was extension agreed by the person in charge of the
responsible for reviewing complaints directly organizations for complaints. This can be adverse to
from foreign-invested enterprises, as well as from improv efficiency of handling complaints, and it may
foreign-invested enterprises across provinces cause delay for complaint proceedings.
and cities, and foreign-invested enterprises with
significant influence8. However, the new Measures The Measures for Complaints provides that the
for Complaints state that the National Complaint complaints shall be determined in no more than
Center for Foreign-invested Enterprises can only one year15. Such period is too long. Pursuant to the
be responsible for reviewing complaints involving Administrative Reconsideration Law, generally, if a
administrative actions by the relevant departments citizen, legal person or other organization believes
of the State Council and provincial governments, that a specific administrative actions infringe on
and suggestions on the relevant departments and their legal rights and interests, they may submit
provincial governments of the State Council, or with an application for administrative reconsideration
all complaints significant national or international within sixty days of their knowledge of such specific
influence9. administrative actions16. Therefore, in accordance
6 Measures for Handling Complaints of Foreign-invested 10 Measures for Handling Complaints of Foreign-invest-
Enterprises, Article 5 (2) ed Enterprises, Article 11
7 Interim Measures for Handling Complaints of For- 11 Measures for Handling Complaints of Foreign-invest-
eign-invested Enterprises, Article 5 (1) ed Enterprises, Article 13
8 Interim Measures for Handling Complaints of For- 12 Measures for Handling Complaints of Foreign-invest-
eign-invested Enterprises, Article 5 (1) ed Enterprises, Article 12
9 Measures for Handling Complaints of Foreign-invested 13 Interim Measures for Handling Complaints of For-
Enterprises, Article 6 eign-invested Enterprises, Article 8
14 Measures for Handling Complaints of Foreign-invest-
ed Enterprises, Article 19
15 Measures for Handling Complaints of Foreign-invest-
ed Enterprises, Article 21
16 Administration Consideration Law, Article 9
222
