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China Foreign Trade and Economic Cooperation Gazette [Issue No.39 2022]


1. Circular of the State Council on Printing and Issuing the Overall Plan for Promoting Comprehensive Cooperation among Guangdong, Hong Kong and Macao by Further Deepening Opening-up in Nansha District of Guangzhou

2. Announcement No. 18, 2022 of the Ministry of Commerce of the People's Republic of China

3. Announcement No. 53, 2022 of the General Administration of Customs of the People's Republic of China

目 录




Article 22 If the Complainant objects to the rejection decisions issued by Local Agencies Handling Complaints, or is dissatisfied with the results of the complaint handling, such Complainant may submit the original complaint matter to the Agency Handling Complaints at a higher level. The Agency Handling Complaints at a higher level may decide whether to accept such original complaint matter in accordance with its working rules for complaint handling.

Article 23 Agencies Handling Complaints shall establish and improve their internal management systems, and take effective measures in accordance with law to protect trade secrets, confidential business information and personal privacy of Complainants obtained during the complaint handling process.

Chapter IV Administrative System of Complaint Handling

Article 24 Agencies Handling Complaints shall establish their complaints archive management system, update records for the acceptance and handling of relevant complaints in a timely, comprehensive and accurate manner, and archive annually.

Article 25 Local Agencies Handling Complaints shall submit complaints records to Agency Handling Complaints at a higher level every two months, including the total number of complaints, update for the handling process, detailed information of the terminated complaints and relevant policies recommendations.

Agencies Handling Complaints of provinces, autonomous regions and municipalities shall submit the complaints records of the last two months of their regions to the National Complaint Center within the first 7 working days of every odd numbered month, and the National Center shall collect and submit those records to the Office of Joint Meeting.

Article 26 During the complaint handling process, if Local Agencies Handling Complaints identify the existing general issues of relevant local governments or departments, or identify the relevant normative documents inconsistent with laws or containing manifestly inappropriate contents, they may report to the National Center accordingly and submit recommendations for the improvement of policies and measures. The National Center shall collect and submit those recommendations to the Office of Joint Meeting.

Article 27 The National Center supervises complaint handling of provinces, autonomous regions and municipalities, establishes a regular supervision and inspection system, circulates the complaint records to people's governments of provinces, autonomous regions and municipalities, and publishes such records as it deems appropriate.

Article 28 The National Center shall submit proposal on the protection of foreign-invested enterprises’ rights and interests to the Office of Joint Meeting annually. The proposal shall compile the representative cases, major issues and recommendations of policies and measures which were raised by foreign-invested enterprises, foreign investors, chamber of commerce, associations, relevant local governments and relevant departments, and provide relevant recommendations on the strengthening of investment protection and improvement of investment environment.

Chapter V Supplementary Provisions

Article 29 If Agencies Handling Complaints and their staff members, during the complaint handling process of foreign-invested enterprises, abuses powers, neglects duties, engages in malpractices for personal gain or disclose or illegally provide others with any trade secret, confidential business information or personal privacy obtained during such handling process, the Article 39 of the Foreign Investment Law of the People’s Republic of China shall apply.

Article 30 No entity 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.

Article 31 The handling of complaints concerning enterprises invested by investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, the Taiwan region and Chinese citizens residing overseas, shall be governed with reference to these Rules.

Article 32 The Ministry of Commerce is responsible for the interpretation of these Rules.

Article 33 These Rules shall come into force as of October 1, 2020. The Interim Rules of the Ministry of Commerce on Complaints of Foreign-Invested Enterprises, which was published by Decree No. 2 of the Ministry of Commerce and dated September 1, 2006, shall be repealed simultaneously.