Complaint channels for foreign-invested enterprises

mofcom.gov.cn

In accordance with the Foreign Investment Law and its Implementing Regulations, China has established a mechanism for foreign-invested enterprises' complaints and settlements to handle problems raised by foreign-invested enterprises or their investors more promptly and to coordinate and improve relevant policies and measures.

The Ministry of Commerce is responsible for handling complaints in the following situations: (1) where the matter is related to the relevant departments under the State Council, people's governments of provinces, autonomous regions and municipalities; (2) where the matter has significant national or international impact. The Ministry of Commerce establishes the National Center for Complaints of Foreign-Invested Enterprises, which is responsible for handling the complaints referred to. Local people's government at and above the county level shall designate a department or institution for handling complaints in their respective jurisdictions and according to their due responsibilities.

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Processes on handling complaints

The Rules on Handling Complaints of Foreign-Invested Enterprises attaches great importance to protecting the rights and interests of the complainant, and stipulates that the complaint shall not affect the rights of the complainant to put forth administrative reconsideration and administrative litigation in accordance with laws; it requires the complaint agencies to take effective measures to protect complainants' trade secrets, confidential business information and personal private information obtained during the process of handling complaints; no organization or individual may suppress or retaliate against complainants who raise matters or apply for coordination to resolve matters through the complaint mechanism for foreign-invested enterprises.