Regulation of Guizhou province on guaranteeing the rights and interests of non-local investors
The regulation was adopted at the 10th Session of the Standing Committee of the 10th People's Congress of Guizhou province on September 24, 2004.
Article 1 For the purposes of guaranteeing the legitimate rights and interests of non-local investors, improving the investment environment, encouraging non-local investors to make investments within this province and accelerating the economic and social development of this province, the present regulation is formulated in accordance with laws and regulations as well as in light of the actual circumstances of this province.
Article 2 The term "non-local investors" as mentioned in the present regulation refers to the natural persons, legal persons or other organizations from places outside the administrative area of Guizhou province who make investments in Guizhou province.
Article 3 The people's governments at various levels and their relevant departments shall, in compliance with pertinent laws, regulations, and State policies,and in accordance with the principles of good faith, fairness and impartiality, guarantee non-local investors' legitimate rights and interests and the preferential treatments that non-local investors are entitled to enjoy.
The investment promotion departments of people's governments at the county level or above shall be responsible for supervising and coordinating the guaranteeing of the rights and interests of non-local investors within their respective administrative areas.
The administrative departments of commerce, development and reform, State land, science and technology, environmental protection, trade and economy, labor security, public security, education, industry and commerce, and related departments shall, according to their respective functions, guarantee the rights and interests of non-local investors.
Article 4 A non-local investor shall observe the law, pay taxes in accordance with the law, and safeguard the public interest, and shall not infringe upon the legitimate rights and interests of others.
Article 5 The lawful property of non-local investors, and their activities of production and business shall be protected by law. If the legitimate rights and interests of a non-local investor are infringed upon, the non-local investor shall have rights to allege and complain about the infringement.
All entities and individuals are encouraged and supported to expose the acts infringing upon the legitimate rights and interests of non-local investors.
The people's governments at all levels and the pertinent departments shall investigate and deal with the matters complained about, alleged and exposed, and keep the identities of the complainants confidential.
Article 6 The relevant department of the people's government at the county level or above shall, in accordance with their duties, formulate systems and working procedures for protecting the legitimate rights and interests of non-local investors, advance government openness, streamline working procedures and enhance administrative efficiency.
Article 7 A non-local investor may, on his own initiative, transfer his and his family members' registered permanent domicile in or out of the investment site, and his family members and his children shall enjoy equal rights in employment and admission to a primary school, middle school or kindergarten.
Article 8 A non-local investor may lawfully inherit, mortgage, grant, rent or transfer the legal right to use land within prescribed time limits.
Article 9 When the production and operation sites of the non-local investors need relocating due to public interest and State-building, the dismantler shall consult the non-local investors about resettlement and compensation methods and sign a compensation agreement that is beneficial for the enterprises' resuming or switching production.
Article 10 Public security organs and judicial authorities shall in a timely manner process and solve cases that involve infringement on the personal and property rights of non-local investors; public security organs shall take vigorous steps to renovate and maintain the surrounding public security environment of the production and operation sites of the non-local investors.
Article 11 A uniform payment registration systemand standardized administrative fees shall apply to non-local.
Non-local investors shall have the right to refuse to pay administrative fees that are not authorized according to law.
Article 12 The relevant departments of the people's government at the county level or above shall give support to non-local investors who invest in new and high technology enterprises and other encouraged enterprises in accordance with the State's industrial policy.
Article 13 Non-local investors may establish associations or chambers of commerce of non-local investment enterprises in accordance with law.
The associations or chambers of commerce of non-local investment enterprises shall regulate the enterprises' behaviors through a self-discipline mechanism, safeguard the legitimate rights and interests of their members and promote cooperation among their members.
Article 14 People's governments at all levels and their pertinent departments, shall not attempt to attract non-local investors by making promises that are against laws and regulations or by concealing the actual situation of the project.
Article 15 The people's governments at all levels and their pertinent departments shall not do any of the followings to non-local investors:
1) Attach any conditions to non-local investors applying for administrative licensing;
2) Force non-local investors to participate in contests, product exhibitions or training beyond State regulations;
3) Require non-local investors to purchase designated products and securities, or order books or newspapers;
4) Designate an intermediary service agency for non-local investors in any form;
5) Require non-local investors to offer projects to designated construction units;
6) Collect taxes in advance and enlarge the range of tax collection without authorization;
7) Apportion or demand sponsorship and raise funds illegally;
8) Other acts that are prohibited by laws and regulations.
Article 16 Administrative and judicial organs shall not carry out inspections on the non-local investors beyond the stipulations of laws and regulations or unlawfully distrain, seal up, fine, confiscate properties or order suspension of production or business operations .
The functionaries of the administrative organ shall produce their law-enforcement certificates when inspecting non-local investors; if they fail to produce their certificates, the non-local investors concerned shall have the right to refuse their inspection. The inspectors shall not hamper the normal production and operation activities of the non-local investors, solicit or accept properties or seek other illegitimate gains.
Article 17 Functionaries of administrative and judicial organs shall not give away business secrets of the non-local investors obtained through performance of official duties.
Article 18 A non-local investor whose legitimate rights and interests have been infringed upon, may file a complaint, apply for administrative reconsideration or bring an administrative suit according to law.
Article 19 A non-local investor may file a complaint in either writing or oral forms. As to oral complaint, a complaint handling agency shall record the basic information of the complainant, respondent, appeal, facts, reason and time. A non-local investor shall submit written complaint material with regard to any major complaint.
Article 20 The investment promotion departments of people's governments at the county level or above shall be the complaint-handling agencies of non-local investors and handle such complaints within their respective administrative areas.
The relevant departments under the local people's government may accept complaints according to the non-local investors' requirements.
The superior complaint handling agency may accept complaints that are the responsibility of its subordinate agency.
The complaint handling agency shall not, in any form, charge any fee for handling complaints.
Article 21 The complaint handling agency may adopt the following measures when handling complaints and the units and individuals concerned shall act in cooperation:
1) Investigate matters and explain problems covered in the complaint;
2) Refer to or copy the documents, materials and certificates relating to the complaint.
Article 22 The complaint handling agency shall, within 30 days from the date of acceptance, finish the investigation. The time limit can be extended appropriately after explaining to the complainant and the extension shall not exceed 30 days.
The complaint handling agency may, after investigation, provide mediations between the parties. When dealing with major issues, the complaint handling agency shall render its settlement opinions and submit to the people's government of the same level to decide.
Article 23 If the administrative organs and their staff violate this regulation, yet not seriously enough to constitute a crime, the leading persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; if they cause losses to the lawful rights and interests of non-local investors, compensation shall be made according to law.
If the functionaries of administrative and judicial organs abuse authority, neglect their duties, play favoritism and commit irregularities or accept bribes, and infringe upon the legitimate rights and interests of non-local investors, with no crime being committed, they shall be given administrative sanctions according to law.
Article 24 These regulations shall be effective as of Jan 1, 2005.