Measures Governing the Handling of Complaints Lodged by Foreign-funded Enterprises in Ningbo municipality has been adopted at the 13th. Executive Meeting of the Municipal Government of Ningbo and is promulgated by Decree No.119 of the Municipal Government of Ningbo, and it will go into effect on June 1st, 2004.

　　Article 1.  With a view to improving the investment environment of the city of Ningbo, handling complaints lodged by foreign-funded enterprises impartially and without undue delay and protecting the lawful interests of foreign-funded enterprises, this set of measures are formulated in accordance with the relevant rules of the People's Republic of China.

　　Article 2.   Complaints lodged by foreign-funded enterprises in this set of measures refers to the acts of lodging complaints to the related administrative departments of the municipal government for conciliation and settlement by Chinese-foreign joint equity enterprises, Chinese-foreign cooperative enterprises, or solely foreign funded enterprises that have been registered with the city or by the investors themselves in cases where they deem that their lawful rights have been infringed upon.

　　Article 3.   The centre for conciliating complaints lodged by foreign-funded enterprises in Ningbo municipality (hereinafter referred to as the municipal conciliating centre) is the specialized organization authorized by the municipal government to handle complaints filed by foreign-funded enterprises. 

　　Those institutions under the county governments, the district governments or the departments and units of the municipal government whose functions are to handle the complaints lodged by foreign-funded enterprises constitute the institutions net of the municipal conciliating centre (hereinafter referred to as the institutions of the net), and both of them altogether hereinafter shall be referred to as the complaint-handling institution.

　　Article 4.   This set of measures applies to the following complaints:

　　1．The governments or the other agencies or their staffs infringe the complainant's Lawful rights;
　　2．The disputes between the investment parties of the foreign-funded enterprises;
　　3．The disputes occur in the transaction between the foreign-funded enterprises and other enterprises; 
　　4. Other acts that infringe the complainant's lawful rights.

　　Article 5. The complaint should be detailed and specific, accompanied by relevant evidence.

　　Article 6. The principle of one complaint governing one matter shall be applied. In cases where more than one complaints are lodged against the same administrative department, complaints can be lodged together.

　　Article 7. The complainant or its agent may lodge a complaint by means of interview, letter, telephone, telegram, photogram, fax, the exchange of electronic data or e-mail.

　　Article 8.The one who receives the complaint earlier shall handle the complaint in case where two or more than two institutions of the net have jurisdiction upon the complaint. 

　　In case there is a dispute among the institutions of the net as to the jurisdiction, the municipal conciliating centre designates the jurisdiction. 
　　The municipal conciliating centre may handle a complaint which is proved to be difficult for an institution of the net to deal with.

　　Article 9. The complaint-handling institutions should hold in confidence all trade secret and individual privacy disclosed in the process of conciliation and settlement of the complaints.

　　Article 10.The following complaints will not be accepted:

　　1.Anonymous complaints;
　　2.The material in the complaint is not genuine; 
　　3.The subject matter of the complaint has been in the process of administrative reconsideration, arbitration or administrative lawsuit.

　　Article 11.A complaint-handling institution should examine the complaint in three days upon receiving and decide either to accept it when the complaint satisfies the rules of this set of measures, or to refer it to the proper institution when the complaint is outside its jurisdiction, or to dismiss the complaint when it does not satisfy the rules of this set of measures. 

　　To those conflict-arousing complaints, the complaint-handling institution should take conciliatory measures before examination.

　　Article 12. Upon accepting a complaint, the complaint-handling institution should furnish a reply to the complainant within 30 days, and a delay of 30 days is permitted with a notice to the complainant when the subject matter of the complaint is so complex. If special situation requires, upon the approval of the Leading Group of the Opening Policy of Ningbo Municipality and with a notice to the complainant, a further delay is possible. Altogether the delay can not exceed one year.

　　Article 13.By adopting the written form, the complainant who objects the settlement decided by an institution of the net may apply for reconsideration from the municipal conciliating center in ten days upon the receiving of the original settlement.

　　Article 14.The institutions of the net should subject timely their settlements to the complaints to the municipal conciliating center for record.

　　Article 15.The complaint-handling process terminates when the complainant or the complained applies for administrative reconsideration or arbitration or files administrative lawsuit.

　　Article 16.In cases where the complained intimidate, suppress, create difficulties for, or take revenge against the complainant, they should be punished according to the law by the department they work for or by the competent department at a higher level; Their criminal responsibilities will be investigated according to laws in cases where their deeds have constituted crimes.

　　Article 17.If the institution found in the process of handling the complaint that certain government departments, units ,enterprises or their staff have broken rules , violated the law or have committed crime, it should transfer the case to the discipline inspection committee, the supervisory committee or the judiciary.

　　Article 18. If staff working in the institution practices favoritism or abuse their power while handling the complaints, they will be punished according to the law. Their criminal responsibilities will be investigated according to laws in cases where their deeds have constituted crimes.

　　Article 19.   This set of measures shall be applicable to complaints lodged by enterprises set up in Ningbo municipality by investors from Hong Kong SAR, Macao SAR or Taiwan province or the investors themselves.

　　Article 20.   This set of measures shall go into effect on June 1st, 2004, and Measures Governing the Complaining of Foreign-funded Enterprises in Ningbo municipality promulgated on March 6th , 1994 shall be abolished simultaneously.