Page 10 - 2020 Policy Watch-Brief Analysis on Measures for Handling Complaints of Foreign-Invested Enterprises
P. 10
icy Watch: Brief Analysis on Measures for Handling Complaints of Foreign-Invested Enterprises
The Measures for Complaints provides that the com- ???è¯??æ³????å®??è¯????????¿æ???¸ºä¸?å¹? 15
plaints shall be determined in no more than one year15. ??????¿æ???¤ª?¿ä?ï¼??äº????????¿å?è®????
Such period is too long. Pursuant to the Administra- ï¼??????µä?ï¼??æ°????人æ????ä»??ç»??为å?
tive Reconsideration Law, generally, if a citizen, legal ä½???¿è?为侵??????????????»¥????????
person or other organization believes that a specific ad- ä½???¿è?为ä??¥èµ·????¥å????è¡??å¤???³è?
ministrative actions infringe on their legal rights and 16???æ¤ï?为ä?è¡??æ³??æ³???¸å?åº????????
interests, they may submit an application for adminis- 人æ????ä»??ç»??为å?ä½???¿è?为侵????????
trative reconsideration within sixty days of their knowl- ???ï¼??è¯????????¿æ????å½?¸º??¸ª?????äº?
edge of such specific administrative actions16. There- å¤?????ä¼?????????????建è????é¢?????
fore, in accordance with the administrative laws and ???¿å???????以é?å®?¸ºä¸?å¹´ã??
regulations, if the enterprises or their investors believe
that the administrative actions of the administrative ?°ç????è¯??æ³????????????è¡??æ³?????·ï?
authorities and their staff infringe on their legal rights ä¹??å®?????å·¥ä??ºæ???????å¼?????å¤??ç»?
and interests and file complaints, their complaints shall ç»??å½??????????è¯??æ³????å¢??å®??è¯?·¥ä½?
be determined for no more than six months. The sug- ?ºæ???»¥?¨å????人å?è¢??è¯?ººè¾¾æ?è°?§£ï¼????
gestions or reports on issues made by foreign invested è¾¾æ???§£???ï¼??该å?解å?è®?????人å?è¢??è¯?
enterprises or their investors should be disposed for no 人å???º¦???17??????人ä?å±¥è??????§£???
more than one year. ???å°??è¢??æ³??è§?¿½ç©¶è´£ä»?18???è¯?·¥ä½????
Like the original Interim Measures, the new Measures 对ä?è¢??è¯?ºº??²¡??¼º?¶å??????æ¤ï?ä»?»¬ä¸??
for Complaints, also provide methods for handling 强å??§è???§£???解å?è®??è¿?????äº?§£?³é???
complaints and conclusion of complaints. However, è¢??è¯?ºº?·å????人è?解å?ä¸???§çº¦å®?±¥è¡????
the provisions added in Measures for Complaints state ??»¶å±¥è????é¢???
that the agencies for handling complaints can promote
an understanding (including a settlement agreement)
between the complainant and the complained person,
which is binding on the complainant and the com-
plained person17. If the complainant fails to fulfill the
effective settlement agreement, he will be pursued for
responsibility pursuant to law18. The agencies for han-
dling complaints does not have mandatory power over
the person that is the object of the complaint. There-
fore, they cannot enforce the settlement. The settle-
ment agreement helps resolve the problems caused by
non-performance or delay of performance by some of
the complainants after they have obtained the com-
plainant?? understanding.
15 Measures for Handling Complaints of Foreign-invested 15 ??????èµ??ä¸??è¯?·¥ä½??æ³????äº??ä¸???
Enterprises, Article 21 16 ????¿å?è®?????ä¹??
16 Administration Consideration Law, Article 9 17 ??????èµ??ä¸??è¯?·¥ä½??æ³?????????
17 Measures for Handling Complaints of Foreign-invested 18 ??????èµ??å®???¡ä???????ä¸???
Enterprises, Article 18
18 Regulations on Implementation of the Foreign Investment
Law, Article 41
10
The Measures for Complaints provides that the com- ???è¯??æ³????å®??è¯????????¿æ???¸ºä¸?å¹? 15
plaints shall be determined in no more than one year15. ??????¿æ???¤ª?¿ä?ï¼??äº????????¿å?è®????
Such period is too long. Pursuant to the Administra- ï¼??????µä?ï¼??æ°????人æ????ä»??ç»??为å?
tive Reconsideration Law, generally, if a citizen, legal ä½???¿è?为侵??????????????»¥????????
person or other organization believes that a specific ad- ä½???¿è?为ä??¥èµ·????¥å????è¡??å¤???³è?
ministrative actions infringe on their legal rights and 16???æ¤ï?为ä?è¡??æ³??æ³???¸å?åº????????
interests, they may submit an application for adminis- 人æ????ä»??ç»??为å?ä½???¿è?为侵????????
trative reconsideration within sixty days of their knowl- ???ï¼??è¯????????¿æ????å½?¸º??¸ª?????äº?
edge of such specific administrative actions16. There- å¤?????ä¼?????????????建è????é¢?????
fore, in accordance with the administrative laws and ???¿å???????以é?å®?¸ºä¸?å¹´ã??
regulations, if the enterprises or their investors believe
that the administrative actions of the administrative ?°ç????è¯??æ³????????????è¡??æ³?????·ï?
authorities and their staff infringe on their legal rights ä¹??å®?????å·¥ä??ºæ???????å¼?????å¤??ç»?
and interests and file complaints, their complaints shall ç»??å½??????????è¯??æ³????å¢??å®??è¯?·¥ä½?
be determined for no more than six months. The sug- ?ºæ???»¥?¨å????人å?è¢??è¯?ººè¾¾æ?è°?§£ï¼????
gestions or reports on issues made by foreign invested è¾¾æ???§£???ï¼??该å?解å?è®?????人å?è¢??è¯?
enterprises or their investors should be disposed for no 人å???º¦???17??????人ä?å±¥è??????§£???
more than one year. ???å°??è¢??æ³??è§?¿½ç©¶è´£ä»?18???è¯?·¥ä½????
Like the original Interim Measures, the new Measures 对ä?è¢??è¯?ºº??²¡??¼º?¶å??????æ¤ï?ä»?»¬ä¸??
for Complaints, also provide methods for handling 强å??§è???§£???解å?è®??è¿?????äº?§£?³é???
complaints and conclusion of complaints. However, è¢??è¯?ºº?·å????人è?解å?ä¸???§çº¦å®?±¥è¡????
the provisions added in Measures for Complaints state ??»¶å±¥è????é¢???
that the agencies for handling complaints can promote
an understanding (including a settlement agreement)
between the complainant and the complained person,
which is binding on the complainant and the com-
plained person17. If the complainant fails to fulfill the
effective settlement agreement, he will be pursued for
responsibility pursuant to law18. The agencies for han-
dling complaints does not have mandatory power over
the person that is the object of the complaint. There-
fore, they cannot enforce the settlement. The settle-
ment agreement helps resolve the problems caused by
non-performance or delay of performance by some of
the complainants after they have obtained the com-
plainant?? understanding.
15 Measures for Handling Complaints of Foreign-invested 15 ??????èµ??ä¸??è¯?·¥ä½??æ³????äº??ä¸???
Enterprises, Article 21 16 ????¿å?è®?????ä¹??
16 Administration Consideration Law, Article 9 17 ??????èµ??ä¸??è¯?·¥ä½??æ³?????????
17 Measures for Handling Complaints of Foreign-invested 18 ??????èµ??å®???¡ä???????ä¸???
Enterprises, Article 18
18 Regulations on Implementation of the Foreign Investment
Law, Article 41
10
