阿拉善盟外商投资企业投诉工作机制（英文版）

Complaint Working Mechanism for Foreign-invested Enterprises in Alxa League

List of Complaint Work Institutions for Foreign Invested Enterprises in Alxa League

Attachment 2 

Measures for Complaint Work of Foreign Invested Enterprises in Inner Mongolia Autonomous Region

Chapter 1 General Provisions

Article 1: In order to handle complaints from foreign-invested enterprises in a timely and effective manner, protect the legitimate rights and interests of foreign investment, and continuously optimize the foreign investment environment, in accordance with the "Foreign Investment Law of the People's Republic of China", the "Implementation Regulations of the Foreign Investment Law of the People's Republic of China", and the "Measures for Handling Complaints from Foreign-invested Enterprises" is formulated by the Ministry of Commerce.

The acceptance and handling of complaints from foreign-invested enterprises within the administrative region of the autonomous region shall be governed by these measures.

Article 2: The term "complaints from foreign-invested enterprises" referred to in these Measures refers to:

（1） Foreign-invested enterprises and foreign investors (hereinafter collectively referred to as complainants) believe that the administrative actions of administrative organs at all levels of the autonomous region (including organizations authorized by laws and regulations to manage public affairs) and their staff (hereinafter collectively referred to as complainants) infringe on their legitimate rights and interests, and apply to the complaint work agency for a coordinated resolution;

（2） The complainant reports the problems in the investment environment to the complaint work agencies at all levels in the autonomous region, and suggests improving the relevant policies and measures.

The complaint work institutions at all levels in autonomous regions refer to the departments or institutions designated by the people's governments at or above the county level in the autonomous region to handle complaints from foreign-invested enterprises.

The Department of Commerce of the Autonomous Region is a department designated by the People's Government of the Autonomous Region to handle complaints from foreign-invested enterprises, and its affiliated foreign-invested enterprise complaint work agency is responsible for handling specific complaint matters.

The term "complaints from foreign-invested enterprises" as used in these Measures does not include the application of foreign-invested enterprises or foreign investors to coordinate and resolve civil and commercial disputes with other natural persons, legal persons or other organizations.

Article 3: Complaint work agencies shall adhere to the principles of fairness, impartiality, legality, and hierarchical responsibility, promptly handle issues raised by complainants, and coordinate and improve relevant policies and measures.

Article 4: The complainant shall truthfully reflect the facts of the complaint, provide evidence, and actively assist the complaint handling agency in handling the complaint.

Article 5: The Department of Commerce of the Autonomous Region, in conjunction with relevant departments of the People's Government of the Autonomous Region, shall establish an interdepartmental joint meeting system for complaint work of foreign-invested enterprises (hereinafter referred to as the joint meeting), coordinate and promote complaint work of foreign-invested enterprises at the level of the Autonomous Region, and guide and supervise complaint work of subordinate foreign-invested enterprises. The joint meeting office is located in the Foreign Investment Management Department of the Department of Commerce, responsible for the daily work of the joint meeting, guiding and supervising the complaint work of foreign-invested enterprises undertaken by the Autonomous Region Expo Center.

Article 6: The Department of Commerce is responsible for handling the following complaints:

（1） Administrative actions involving relevant departments of the people's government of the autonomous region, various league offices, municipal people's governments with districts, management committees of development zones, management committees of Border Economic Cooperation zones in Manzhouli and Erlian cities, and their staff;

（2） Suggesting the relevant departments of the People's Government of the Autonomous Region, the various league offices, the municipal people's governments with districts, the management committees of development zones, and the management committees of border economic cooperation zones in Manzhouli and Erlian cities to improve relevant policies and measures;

（3） If there is a significant impact within the entire region or domestically, and the Department of Commerce of the Autonomous Region believes that it can handle it.

The Inner Mongolia Autonomous Region Expo Center (hereinafter referred to as the Expo Center) established by the Department of Commerce of the Autonomous Region is responsible for handling the complaints specified in the preceding paragraph.

The Expo Center organizes the promotion of policies and regulations related to foreign investment, conducts training on complaint work for foreign-invested enterprises, promotes experience in handling complaint matters, puts forward relevant policy suggestions, supervises the complaint work of foreign-invested enterprises, and actively prevents the occurrence of complaint matters.

Article 7: Local complaint work institutions shall improve complaint work rules, improve complaint methods, clarify the scope of complaint acceptance and the time limit for complaint handling.

The local complaint work agency accepts complaints from complainants regarding the administrative actions and suggestions for improving relevant policies and measures of the local administrative authorities and their staff.

Article 8: If a complainant applies for coordination and resolution of disputes between them and administrative organs in accordance with the provisions of these Measures, it shall not affect their legal filing of administrative reconsideration or litigation.

Article 9: The chambers of commerce and associations specified in Article 27 of the Foreign Investment Law of the People's Republic of China may refer to these Measures and report the problems raised by members in the investment environment to the complaint work agency, and submit specific policy measures and suggestions.

Chapter 2 Filing and Acceptance of Complaints

Article 10: When submitting a complaint, the complainant shall submit written complaint materials. Complaint materials can be submitted on the spot, or through letters, faxes, emails, online applications, and other means.

Complaint work agencies at all levels shall disclose their addresses, telephone and fax numbers, email addresses, websites, and other information to facilitate the complainant's submission of complaints.

Article 11: If a complaint falls under the provisions of Article 2, Paragraph 1 (1) of these Measures, the complaint materials shall include the following contents:

（1） The name or title, mailing address, postal code, relevant contact person and contact information of the complainant, proof of the subject's qualifications, and the date of filing the complaint;

（2） The name, mailing address, postal code, relevant contact person and contact information of the respondent;

（3） Clear complaint matters and requests;

（4） Relevant facts, evidence, and reasons, if any, can be provided together with relevant laws and regulations;

（5） Explanation of whether there are any situations listed in Article 14 (7), (8), and (9) of these Measures.

If a complaint falls under the provisions of Article 2, Paragraph 1 (2) of these Measures, the complaint materials shall include the information specified in the preceding paragraph (1), relevant issues in the investment environment, and specific policy measures and suggestions.

Complaint materials should be written in Chinese. If the original evidence and materials are written in a foreign language, an accurate and complete Chinese translation should be submitted.

Article 12: The complainant may entrust others to file a complaint. If the complainant entrusts others to make a complaint, in addition to the materials specified in Article 11 of these Measures, they shall also submit the complainant's identity certificate, the power of attorney issued, and the identity certificate of the entrusted party to the complaint handling agency. The power of attorney shall specify the entrusted matters, authority, and deadline.

Article 13: If the complaint materials are incomplete, the complaint handling agency shall notify the complainant in writing within 7 working days after receiving the complaint materials, and make corrections within 15 working days. The notice of correction shall specify the items and time limit that need to be corrected.

Article 14: If a complaint has any of the following circumstances, the complaint handling agency shall not accept it:

（1） The subject of the complaint does not belong to foreign-invested enterprises or foreign investors;

（2） Applying for coordination and resolution of civil and commercial disputes with other natural persons, legal persons, or other organizations, or those that do not fall within the scope of complaints from foreign-invested enterprises as stipulated in these Measures;

（3） Those who do not fall within the scope of handling complaint matters of this complaint work agency;

（4） After being notified by the complaint work agency to make corrections in accordance with Article 13 of these Measures, the complaint materials still do not meet the requirements of Article 11 of these Measures;

（5） The complainant forges or alters evidence or clearly lacks factual basis;

（6） Repeated complaints to the same complaint agency without new evidence or legal and regulatory basis;

（7） The same complaint has already been accepted or handled by the higher-level complaint work agency;

（8） The same complaint has already been accepted or handled by departments such as petition agencies;

（9） The same complaint has already entered or completed administrative reconsideration, administrative litigation, and other procedures.

Article 15: Upon receiving complete and complete complaint materials, the complaint handling agency shall make a decision on whether to accept them within 7 working days.

Those who meet the conditions for complaint acceptance shall be accepted and a complaint acceptance notice shall be issued to the complainant.

If the conditions for complaint acceptance are not met, the complaint handling agency shall issue a notice of rejection to the complainant within 7 working days and explain the reasons for rejection. If the situation falls under Article 14, Paragraph 1 (3) of these Measures, the complaint handling agency may notify the complainant to file a complaint with the relevant complaint handling agency.

Chapter 3 Complaint Handling

Article 16: After accepting a complaint, the complaint handling agency shall fully communicate with the complainant and the respondent, understand the situation, coordinate and handle it in accordance with the law, and promote the proper resolution of the complaint matter.

Article 17: When handling complaints, the complaint handling agency may require the complainant to further explain the situation, provide materials, or provide other necessary assistance, and the complainant shall provide assistance; The complaint work agency can inquire about the situation from the respondent, and the respondent should cooperate.

According to the specific circumstances of the complaint matter, the complaint work agency can organize a meeting to invite both the complainant and the respondent to participate, state their opinions, and explore solutions to the complaint matter. Complaint handling agencies can listen to relevant experts' opinions on professional issues according to the needs of complaint handling work.

Article 18: According to different situations of complaint matters, the complaint work agency may handle them in the following ways:

（1） Promote understanding between the complainant and the respondent (including reaching a settlement agreement in accordance with the law);

（2） Coordinate with the respondent;

（3） Submit suggestions for improving relevant policies and measures to the people's governments at or above the county level and their relevant departments;

（4） Other handling methods deemed appropriate by the complaint handling agency.

If the complainant and the respondent sign a settlement agreement, the matters and results of the settlement shall be clearly stated. A legally concluded settlement agreement is binding on both the complainant and the respondent. If the respondent fails to fulfill the effective settlement agreement, it shall be dealt with in accordance with Article 41 of the Implementation Regulations of the Foreign Investment Law of the People's Republic of China.

Article 19: The complaint handling agency shall complete the complaint matters within 60 working days from the date of accepting the complaint. Complaints involving multiple departments and complicated circumstances can be appropriately extended for processing.

Article 20: In any of the following circumstances, the handling of complaints shall be terminated:

（1） The complaint work agency shall coordinate and handle the complaint in accordance with Article 18 of these Measures, and the complainant agrees to terminate it;

（2） The complaint matters are inconsistent with the facts, or the complainant refuses to provide materials, which makes it impossible to investigate the relevant facts;

（3） The complainant's relevant demands have no legal or regulatory basis;

（4） The complainant withdraws the complaint in writing;

（5） The complainant no longer meets the qualifications of the complaint subject;

（6） After contacting the complaint handling agency, the complainant has not participated in the complaint handling work for 30 consecutive days without justifiable reasons. 

During the complaint handling period, if any of the situations listed in Article 14 (7), (8), and (9) of these Measures occur, it shall be deemed that the complainant has withdrawn the complaint in writing.

After the complaint handling is completed, the complaint handling agency shall notify the complainant in writing of the complaint handling results within 3 working days.

Article 21: If a complaint is not resolved in accordance with Article 20 of these Measures within one year from the date of acceptance, the complaint handling agency shall promptly report the relevant situation to the local people's government and propose relevant work suggestions.

Article 22: If the complainant has objections to the rejection decision made by the complaint handling agency or the complaint handling results, they may file a complaint with the higher-level complaint handling agency level by level regarding the complaint matter. The superior complaint work agency may decide whether to accept the complaint matter according to its own complaint work rules.

Article 23: Complaint handling agencies shall establish and improve internal management systems, and take effective measures in accordance with the law to protect the complainant's trade secrets, confidential business information, and personal privacy that are known during the complaint handling process.

Chapter 4 Complaint Management System

Article 24: The complaint work institutions shall establish a complaint file management system, timely, comprehensively, and accurately record the acceptance and handling of relevant complaint matters, and archive them on an annual basis.

Article 25: The complaint work agency shall report the complaint work situation to the higher-level complaint work agency every two months, including the number of complaints received, progress in handling, detailed information on completed complaint matters, and relevant policy suggestions.

The lower level complaint work agency shall report the local complaint work situation of the previous two months to the higher-level complaint work agency within the last week of the odd month, and the Autonomous Region Expo Center shall summarize and submit it to the National Foreign Complaint Center within the first 7 working days of the odd month. 

Article 26: In the process of handling complaints, if a complaint handling agency discovers common problems in the work of relevant local or departmental authorities, or if there are violations of legal provisions or obvious inappropriate situations in relevant normative documents, it may report to the Autonomous Region Expo Center and propose suggestions for improvement policies and measures. The Autonomous Region Expo Center shall summarize and submit them to the National Foreign Complaints Center.

Article 27: The Autonomous Region Expo Center shall supervise and urge the people's governments of various leagues and cities and the management committees of development zones to handle foreign complaints, establish a regular supervision system, report the complaint work to the people's governments of various leagues and cities and the management committees of development zones, and publicize it to the society as appropriate.

Article 28: The Autonomous Region Expo Center shall submit proposals for the protection of the rights and interests of foreign-invested enterprises to the National Foreign Complaints Center and the Office of the Interdepartmental Joint Conference on Complaints of Foreign-invested Enterprises in the Autonomous Region on an annual basis, summarizing typical cases, major issues, and policy measures reported by foreign-invested enterprises, foreign investors, chambers of commerce, associations, and relevant local and departmental governments, and proposing suggestions to strengthen investment protection Suggestions for improving the investment environment.

Chapter 5 Supplementary Provisions

Article 29: Complaint handling agencies and their staff who abuse their power, neglect their duties, engage in favoritism and fraud in handling complaints from foreign-invested enterprises, or disclose or illegally provide trade secrets, confidential business information, and personal privacy known to others during the complaint handling process shall be dealt with in accordance with Article 39 of the Foreign Investment Law of the People's Republic of China.

Article 30: The complainant shall report or apply for coordination and resolution of issues through the foreign investment complaint work mechanism, and no unit or individual shall suppress or retaliate.

Article 31: Complaints from investors in the Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan region, and Chinese citizens residing abroad shall be handled in accordance with these Measures.

Article 32:  These Measures shall be responsible for the interpretation of these measures by  the Department of Commerce of the Autonomous Region.

Article 33: These measures shall come into effect 30 days from the date of promulgation. The validity period is five years, and foreign complaint cases accepted before the implementation of these measures are not applicable to these measures.