Hunan Issues Complaints and Settlements Measures for Foreign-invested Enterprises to Improve Business Environment
The Hunan Provincial Department of Commerce recently issued the ¡°Complaints and Settlements Measures for Foreign-invested Enterprises in Hunan Province¡±. It took effect from August 1, 2021 and will be valid for 5 years. The move aimed to promptly handle problems raised by foreign-invested enterprises, safeguard their legitimate rights and interests, and continue to improve Hunan¡¯s foreign investment environment.
The Measures is divided into six chapters, including general provisions, complaint and settlement organization, complaint submission and acceptance, complaint handling, complaint management system and supplementary provisions, with a total of 34 articles. These Measures shall apply to complaints raised by foreign-invested enterprises within the administrative area of Hunan Province.
According to the interpretation by a relevant person in charge of the Hunan Provincial Department of Commerce, the Measures has four major features and highlights:
Expand channels for foreign investors to protect their legitimate rights and interests. Establishing a complaint and settlement mechanism for foreign-invested enterprises is a way to resolve relevant disputes between foreign investors, foreign-invested enterprises and administrative agencies, in addition to the existing administrative reconsideration and administrative lawsuit. The Measures will further improve the efficiency of handling complaints raised by foreign-invested enterprises and provide a more powerful institutional safeguard for foreign investors to protect their legitimate rights and interests.
Increase the protection of legitimate rights and interests of foreign-invested enterprises. The Measures focuses on protecting complainants¡¯ rights and interests in the process of complaint handling. The Measures stipulates that complaints shall not affect complainants¡¯ right to file an administrative reconsideration and an administrative lawsuit according to law. Complaint and settlement agencies are asked to take effective measures to protect complainant¡¯s business secrets, confidential business information, and personal privacy. Any organization or individual is not allowed to suppress or retaliate against the complainant.
Clarify a coordination mechanism for provincial complaint and settlement agencies. The Hunan Provincial Department of Commerce and relevant departments established a joint meeting mechanism for foreign-invested enterprises to lodge complaints, so as to coordinate and promote complaint handling at the provincial level, and guide and supervise the work at local level.
Define the acceptance scope and field of complaints raised by foreign-invested enterprises. The Measures shall apply to the circumstances that if complainants believe that the administrative actions of the administrative organ and its staff infringe upon their legitimate rights and interests, or the problems in investment environment. The Measures shall not apply to civil and commercial disputes between complainants and other natural persons, legal persons, or other organizations.
Source: enghunan.gov.cn