Page 220 - 2021 White Paper
P. 220
1 White Paper on the Business Environment in China
1.8 Brief Analysis on Measures for
Handling Complaints of Foreign-
Invested Enterprises
*Courtesy of Anderson & Anderson LLP 1. Larger Scope of Complaints
Introduction The Measures for Complaints shows that the
complainant can not only apply to the agencies for
T h eMeasures for Handling Complaints handling complaints for coordination and resolution
of Foreign-invested Enterprises in case of infringement on his legal rights and
(hereinafter, the “Measures for Complaints”) have interests, but also in order to raise problems in the
been officially approved by the Ministry of Commerce investment environment caused by administrative
on 18th August 2020, with a total of 5 chapters and actions, and to make suggestion on improvement
33 articles, and have become effective as of 1st of the relevant policy measures3. In other words,
October 2020. The Measures for Complaints were complaints can be made related to specific
inspired by the important work of Harley Seyedin administrative actions and policies; however, the
and the White Paper of AmCham South China. The complaints for policies are only limited to the
Measures for Complaints are established in response investment environment. The “Interim Measures”
to the regulations that “the State shall establish a did not have limitation on reporting situations,
mechanism for the work of complaints by foreign- providing advice and suggestion or making a claim
invested enterprises, promptly handle the problems 4, and thus, the new Measures for Complaints
raised by foreign-invested enterprises or their restrict the scope of the advice and suggestion.
investors, and coordinate and improve the relevant
policy measures” stated in the Foreign Investment Moreover, not only foreign-invested enterprises
Law1 and the Regulations on Implementation of and foreign investors, but also chambers of
the Foreign Investment Law 2issued in 2019. The commerce and associations established pursuant
relevant provisions have replaced the original to laws and voluntarily participated in by foreign-
Interim Measures for Handling Complaints of invested enterprises can act as complainants to
Foreign-invested Enterprises (hereinafter, the raise questions about the investment environment.
“Interim Measures”) enforced on 1st January 2000. 5 The subject of complaints have been expanded.
Compared with the original Interim Measures,
the Measures for Complaints have the following
major revisions:
1 Foreign Investment Law, Article 26 (1) 3 Measures for Handling Complaints of Foreign-invested
2 Regulations on Implementation of the Foreign Invest- Enterprises, Article 2
ment Law, Article 29 (1) 4 Interim Measures for Handling Complaints of For-
eign-invested Enterprises, Article 2
220 5 Measures for Handling Complaints of Foreign-invested
Enterprises, Article 9
1.8 Brief Analysis on Measures for
Handling Complaints of Foreign-
Invested Enterprises
*Courtesy of Anderson & Anderson LLP 1. Larger Scope of Complaints
Introduction The Measures for Complaints shows that the
complainant can not only apply to the agencies for
T h eMeasures for Handling Complaints handling complaints for coordination and resolution
of Foreign-invested Enterprises in case of infringement on his legal rights and
(hereinafter, the “Measures for Complaints”) have interests, but also in order to raise problems in the
been officially approved by the Ministry of Commerce investment environment caused by administrative
on 18th August 2020, with a total of 5 chapters and actions, and to make suggestion on improvement
33 articles, and have become effective as of 1st of the relevant policy measures3. In other words,
October 2020. The Measures for Complaints were complaints can be made related to specific
inspired by the important work of Harley Seyedin administrative actions and policies; however, the
and the White Paper of AmCham South China. The complaints for policies are only limited to the
Measures for Complaints are established in response investment environment. The “Interim Measures”
to the regulations that “the State shall establish a did not have limitation on reporting situations,
mechanism for the work of complaints by foreign- providing advice and suggestion or making a claim
invested enterprises, promptly handle the problems 4, and thus, the new Measures for Complaints
raised by foreign-invested enterprises or their restrict the scope of the advice and suggestion.
investors, and coordinate and improve the relevant
policy measures” stated in the Foreign Investment Moreover, not only foreign-invested enterprises
Law1 and the Regulations on Implementation of and foreign investors, but also chambers of
the Foreign Investment Law 2issued in 2019. The commerce and associations established pursuant
relevant provisions have replaced the original to laws and voluntarily participated in by foreign-
Interim Measures for Handling Complaints of invested enterprises can act as complainants to
Foreign-invested Enterprises (hereinafter, the raise questions about the investment environment.
“Interim Measures”) enforced on 1st January 2000. 5 The subject of complaints have been expanded.
Compared with the original Interim Measures,
the Measures for Complaints have the following
major revisions:
1 Foreign Investment Law, Article 26 (1) 3 Measures for Handling Complaints of Foreign-invested
2 Regulations on Implementation of the Foreign Invest- Enterprises, Article 2
ment Law, Article 29 (1) 4 Interim Measures for Handling Complaints of For-
eign-invested Enterprises, Article 2
220 5 Measures for Handling Complaints of Foreign-invested
Enterprises, Article 9
