Due to the need to timely solve complaint from foreign-invested enterprises and protect their lawful rights during the investments, Shanghai Municipal Commission of Commerce has decided to form a relevant mechanism for complaint. Details would be listed as follows:
The complaining system is suitable for the situation that, a foreign-invested enterprise or a foreign investor may apply and file their complaints for special coordination if they finds its lawful right is infringed by the administrative actions from the authority (including the organization which is authorized the management power for public affairs by laws and regulations) or its staffs; the enterprises or investors may also report to the authorities that they are having problems related to the investment environment, and may suggest the government improve relevant policies and measures, or; the enterprises or investor may raise the request for coordination to solve the difficulties related to their investments, production and business operation.
However, the complaints are not included the civil and the commercial disputes between foreign-invested enterprises, their investor and other natural persons, legal persons or organizations.
It puts forward that it is necessary to establish an inter-ministerial joint conference system for the work on complaints from foreign-invested enterprises, and set up the Shanghai Complaint Center for foreign-invested enterprises.
The complainant should file written documents for the complaining matters. The complainant could file the documents online and check the process and result of the application through the “Government Online-Offline Shanghai”. Also, the documents could be filed by person or through mail, fax, email or online application. The contents of which should include:
- Name, address, contact person and contact way of the complainant, the identification of the subjects and the date of complaint;
- Name, address, contact person and contact way of the party which is being complained;
- Clear complaining issues and claims, relevant suggestion for policies or difficult that need to be solved by the authority;
- Relevant facts, proofs and reasons, the legal bases could be filed in the same time.
Also, the documents should be written in Chinese. A correct and complete Chinese translation document should be filed when the proof or document is written in foreign language.
The complainant could ask an agent for the complaint issue. The entrusted agent should file the identification document of the complainant and the entrusted letter from the complainant.
If the complainant has any disagreement for the inadmissibility decision or the result for complaint from the local complaining institution, a new complaint could be applied to the superior complaining institution based on the original issue.
It also stipulates that the filing of a complaint by the complainant shall not prejudice the complainant's right to apply for administrative reconsideration or file an administrative lawsuit; complaint handling agencies are required to take effective measures to protect the complainants' trade secrets, confidential commercial information and individual privacy; and no entity or individual may suppress or retaliate any complainant.
If you want to read the complete article, you can refer to the below link (in Chinese only): http://www.shanghaiinvest.com/cn/viewfile.php?id=16300
If you have any question, please contact me.
Mr. Mike Chang (Partner)