Chapter I: General Provisions

Article 1 These Measures are formulated in accordance with the Foreign Investment Law of the People’s Republic of China, the Regulations for the Implementation of the Foreign Investment Law of the People’s Republic of China, and the Measures for Handling Complaints from Foreign-Invested Enterprises (Ministry of Commerce Order No. 3, 2020), taking into account the actual conditions of Shanxi Province, in order to promptly and effectively address complaints from foreign-invested enterprises, protect their lawful rights and interests, and improve the foreign investment environment.

Article 2 For the purpose of implementing these Regulations, “complaints from foreign-invested enterprises” refer to:

(1) Complaints filed by foreign-invested enterprises or their investors (hereinafter collectively referred to as “complainants”) with a complaint-handling authority, seeking resolution of disputes arising from administrative actions by government agencies (including organizations authorized by laws and regulations to perform public administration functions) and their staff (hereinafter collectively referred to as “respondents”) within Shanxi Province that allegedly infringe upon their lawful rights and interests.

(2) Complaints or suggestions submitted by complainants to complaint-handling authorities regarding issues in the investment environment or proposed improvements to relevant policies and measures in Shanxi Province.

The term “complaint-handling authority” refers to departments or agencies designated by the people’s governments at or above the county level in Shanxi Province to handle complaints from foreign-invested enterprises.

Complaints under these Measures do not include disputes between foreign-invested enterprises (or their investors) and other natural persons, legal persons, or organizations that fall under civil or commercial matters.

Article 3 Complaint-handling authorities shall adhere to the principle of hierarchical responsibility, promptly address issues raised by complainants, and coordinate improvements to relevant policies and measures.

Article 4 Complainants shall truthfully present the facts of their complaints, provide supporting evidence, and actively cooperate with complaint-handling authorities in the resolution process.

Article 5 The Shanxi Provincial Department of Commerce, authorized by the Provincial People’s Government, is responsible for establishing a provincial coordination mechanism for handling complaints from foreign-invested enterprises (hereinafter referred to as the “Coordination Mechanism”). It shall oversee complaint resolution at the provincial level and guide and supervise local complaint-handling efforts. The Coordination Mechanism Office is located in the Foreign Investment Administration Division of the Provincial Department of Commerce and is responsible for its daily operations.

Article 6 The Provincial Department of Commerce shall establish a Provincial Foreign-Invested Enterprise Complaint-Handling Authority (provisionally located in the Foreign Investment Administration Division), responsible for handling the following complaints:

(1) Those involving administrative actions by provincial government departments or municipal governments and their staff.

(2) Suggestions for provincial government departments or municipal governments to improve relevant policies and measures.

Under the guidance of the Provincial Department of Commerce, the Provincial Complaint-Handling Authority shall organize policy and legal publicity related to foreign investment complaints, conduct training on complaint handling, share best practices, propose policy recommendations, and supervise local complaint-handling authorities to effectively address complaints and prevent potential disputes.

Article 7 Municipal and county-level people’s governments shall designate relevant departments or agencies (hereinafter referred to as “municipal/county complaint-handling authorities”) to handle complaints within their jurisdictions. These authorities shall establish complaint-handling rules, improve complaint submission channels, clarify the scope of accepted complaints, and set processing timelines.

Municipal/county complaint-handling authorities shall accept complaints regarding administrative actions by local government agencies and their staff, as well as suggestions for improving local policies and measures.

The Provincial Department of Commerce may refer certain complaints to municipal/county authorities for handling. These authorities shall investigate, mediate, and provide timely feedback.

Article 8 A complainant’s request for dispute resolution under these Measures does not affect their right to pursue administrative reconsideration, litigation, or other legal remedies within statutory time limits.

In addition to the complaint-handling mechanism, complainants may also report issues to Party committees, governments, or relevant departments through disciplinary inspection, supervision, petitioning, or other lawful channels.

Chapter II: Submission and Acceptance of Complaints

Article 9 Complainants shall submit written complaint materials, either in person or via mail, fax, email, or other means.

Complaint-handling authorities at all levels in the province shall publicly disclose their contact information, including addresses, telephone and fax numbers, email addresses, and websites, to facilitate the submission of complaints.

Article 10 Complaint materials shall include the following:

(1) The complainant’s name or entity name, mailing address, postal code, contact person, and contact details, along with proof of identity and the date of submission;

(2) A clear description of the complaint. If it falls under Article 2(1) of these Measures, the name (or entity name), mailing address, postal code, and contact details of the respondent(s) shall also be provided;

(3) Specific requests for resolution. If the complaint falls under Article 2(2) of these Measures, detailed policy improvement suggestions shall be included;

(4) Relevant facts and supporting evidence;

(5) Legal basis for the complaint;

(6) A statement confirming whether the circumstances listed in Article 16(4) or (5) apply.

For corporate complainants, written materials shall bear the official seal of the entity. For individual complainants, materials shall be personally signed.

Complaint materials shall be submitted in Chinese. If original evidence or documents are in a foreign language, a Chinese translation shall be provided.

Article 11 If complaint materials are incomplete, the complaint-handling authority shall, within three (3) working days of receipt, notify the complainant once in writing to supplement the materials within fifteen (15) working days. The notice shall specify the required supplements and the deadline.

Article 12 Complaints shall generally follow the “one matter, one complaint” principle, except for multiple related issues involving the same respondent, which may be combined into a single complaint.

Article 13 If a complaint is mistakenly submitted to the wrong authority due to unclear jurisdictional divisions, the receiving authority shall promptly forward the materials to the correct complaint-handling body and inform the complainant.

Article 14 Complainants may withdraw a complaint that has already been accepted by the complaint-handling authority.

Article 15 Complainants may delegate a representative to file a complaint. In such cases, the complaint materials shall include: a power of attorney from the complainant specifying the entrusted matters, scope of authority, and duration; the identity proof of the representative.

Article 16 Complaint-handling authorities shall not accept complaints under the following circumstances:

(1) The complaint involves civil or commercial disputes with other natural persons, legal entities, or organizations, or falls outside the scope of these Measures;

(2) The complainant is not a foreign-invested enterprise or foreign investor;

(3) The complaint is a repeat submission to the same authority without new evidence or legal grounds;

(4) The same matter is already under or has completed administrative reconsideration or litigation;

(5) The same matter has been accepted or resolved by a higher-level complaint-handling authority, disciplinary inspection, supervision, or petitioning departments;

(6) The complaint materials remain incomplete after supplementation as per Article 11;

(7) The complaint falls outside the authority’s jurisdiction.

Complaints may also be rejected if they involve fabricated evidence, baseless claims, or malicious intent.

Article 17 Upon receiving complete complaint materials, the complaint-handling authority shall decide whether to accept the case within five (5) working days. If accepted, a Notice of Acceptance shall be issued to the complainant. If rejected, a Notice of Rejection with reasons shall be provided within the same timeframe. For complaints outside its jurisdiction, the authority shall, within three (3) working days, direct the complainant to the appropriate body.

Chapter III: Handling of Complaints

Article 18 Upon accepting a complaint, the complaint-handling authority shall fully communicate with both the complainant and the respondent to ascertain the facts and clarify responsibilities. Based on a fair and lawful assessment, the authority shall facilitate an appropriate resolution.

Article 19 During the coordination process, the complaint-handling authority may: request the complainant to provide additional details, materials, or necessary assistance; seek clarification from the respondent, who shall cooperate.

If necessary, the authority may convene meetings with both parties to discuss solutions or consult experts on specialized issues.

Article 20 Classification and Time Limits for Complaint Resolution

Complaints shall generally be handled by the authority where the issue arose. Complaints involving local governments shall be escalated to higher-level authorities, while cross-jurisdictional complaints shall be coordinated by their common superior authority.

(1) Direct Handling: Routine administrative complaints shall be resolved within 60 working days. If complexity, non-cooperation, or other factors delay resolution, the complainant shall be notified promptly.

(2) Referral: Complaints requiring other departments’ involvement shall be referred within 3 working days.

(3) Joint Deliberation: Complex, large-scale, or high-impact complaints shall be coordinated by the Provincial Department of Commerce, jointly with relevant departments or local governments. Major complaints may be escalated to the Provincial Task Force for Foreign Investment.

Article 21 For referred complaints, the original authority shall track progress and urge timely resolution.

Article 22 The complaint-handling authority may have such resolution methods:

(1) Facilitate a mutual agreement (including a settlement);

(2) Advise the respondent to revoke, amend, or reissue the disputed administrative act;

(3) Propose policy improvements to relevant government bodies;

(4) Employ other lawful measures deemed appropriate.

A settlement agreement shall specify terms and outcomes, binding both parties. Non-compliance by the respondent shall be addressed per Article 41 of Regulations for the Implementation of the Foreign Investment Law of the People’s Republic of China.

Article 23 A complaint shall be closed if:

(1) The complainant agrees to the resolution under Article 22;

(2) The complaint is factually unsubstantiated or lacks evidence;

(3) The claims lack legal basis;

(4) The complainant initiates administrative reconsideration litigation, or parallel petitions elsewhere;

(5) The complaint is withdrawn;

(6) The complainant loses eligibility;

(7) The complainant fails to participate for 30 consecutive days without justification.

The authority shall notify the complainant of the outcome within 3 working days and report to the Provincial Department of Commerce (for local authorities).  

Article 24 Complaints unresolved within one year of acceptance shall be reported to the corresponding government with recommendations. Local authorities shall inform the Provincial Department of Commerce.

Article 25 Complainants may appeal rejection decisions or outcomes to higher-level authorities, which may review the case per their rules.

Article 26 Authorities shall act promptly on valid complaints and justify any delays.

Article 27 Confidential information disclosed during the process shall be protected as required by law.

Chapter IV: Complaint Management System

Article 28 Complaint-handling authorities shall establish an archiving system to record the acceptance and resolution of complaints in a timely, comprehensive, and accurate manner. Records shall be filed annually.

Article 29 Complaint-handling authorities shall report every two months to their superior authority, including: The number of complaints received; Progress in handling; Details of resolved complaints; Policy recommendations.

Municipal and county-level authorities shall submit reports to the Provincial Department of Commerce within the first 5 working days of odd-numbered months. The Provincial Department of Commerce shall compile and submit the data to the National Foreign-Invested Enterprise Complaint Center.

Article 30 If municipal or county-level authorities identify systemic issues in local or departmental work, or if regulatory documents are found to violate laws or are clearly inappropriate, they may report to the Provincial Department of Commerce with suggestions for improvement. The Provincial Department of Commerce shall consolidate and forward such reports to the National Foreign-Invested Enterprise Complaint Center.

Chapter V: Supplementary Provisions

Article 31 Complaint-handling authorities and their staff shall perform duties diligently and impartially; resolve complaints promptly and fairly. Violations (e.g., abuse of power, negligence, or favoritism) shall result in disciplinary action or criminal liability if warranted.

Article 32 No entity or individual shall suppress or retaliate against complainants for using the complaint mechanism.

Article 33 Complaints from enterprises invested by: Hong Kong SAR, Macao SAR, or Taiwan region investors; Chinese citizens residing abroad, shall be handled by reference to these Measures.

Article 34 Shanxi Provincial Department of Commerce is responsible for interpreting these Measures.

Article 35 These Measures shall take effect on September 9, 2023, and remain valid for 5 years.