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Certain Provisions of Jilin on Improving the Foreign Investment Environment Ⅲ

From Gasgoo.com| May 08 , 2008 09:38 BJT

Chapter Ⅲ Inspection and Charge Upon Foreign-Investment Enterprises

  Article14. When the departments of culture, public security, tax affairs, customs, sanitation, environment protection, industry and commerce, fire control, and commodity prices at all levels carry out the inspection to foreign-investment enterprises which are necessary according to law, they should conduct it strictly according to law, and shall not be allowed to disturb the normal producing and operating orders of the enterprises.

  All the departments, carrying out the inspection to foreign-investment enterprises, must get the agreement of the people's governments at the same level in advance, those failing to get the agreement shall not be allowed to carry it out; the multistratum inspection, repeated inspection and cross-inspection should be forbidden.

  Article15. The charge upon foreign-investment enterprises must be implemented according to law. As for those being charged necessarily, the collectors should show the Permit for Charging and the Certificate of Charge Collectors issued by the departments of commodity price, fill in the Enterprise Charging Register Card, and use the charging receipt printed unifiedly by financial departments. Otherwise, the foreign-investment enterprises shall have the right of refusal of pay.

  The Enterprise Charging Register Card shall be reserved by enterprises. The departments of commodity price at all levels shall check and verify the charging circumstances in accordance with the Enterprise Changing Register Card, where illegal behaviors are found, they shall be investigated into and delt with according to law.

  Article16. As for the punishment upon the behaviors of breaking the law and violating the regulations, committed by foreign-investment enterprises, the relevant departments should live up to have conclusive evidences, characterize with accuracy, punish properly and carry it out according to law. Where the foreign-investment enterprises are not satisfied with the punishment, they may apply for an administrative reconsideration or bring an administrative lawsuit according to law.

  Article17. It shall be forbidden for any units and individuals to conduct any kinds of apportion toward foreign-investment enterprises in any names and forms; and it shall not be allowed to force or force in disguised form foreign-investment enterprises to provide all kinds of contributions and donations.

  Article18. As for those absorbing foreign-investment enterprises or foreign businessmen to join in all kinds of social organizations, they should implement the principle of voluntariness; fees collected from the attendees shall be checked and ratified according to law by the financial departments of this province and other relevant departments.

  Article19. As for all the foreign-investment enterprises registered in this province shall enjoy the equal rights like other enterprises in this province, and carry out the unified charging standards, while they use the facilities of water supply, electricity supply, steam supply, heat addition, dewatering, communication, traffic and other basic installations; the charging for finance, insurance, labor used, consultation, product design, advertising propaganda and other social service, and in aspects of charging for passing through bridges, accrossing roads, and city management, they should carry out the same unified charging standards with other enterprises.

  Article20. During the period of production and operation, foreign-investment enterprises shall enjoy the equal rights like other provincial enterprises, while they involve in the arrangement of the products which need planned management, raw and processed materials, communications and transportation, loan of fluid working funds, permit for quota.

  Article21. As for the foreign businessmen who invested in this province, the relevant departments should carry out the charging standards unified with other residents in this province for their housing, hospitalizing, children's enrollment, buying real estate, buying train (bus) or boat tickets passenger tickets and the entrance tickets of spots and interests.

  Chapter Ⅳ Protection on the Legal Rights and Interests of Foreign-Investment Enterprises

  Article22. The legal rights and interests of foreign-investment enterprises shall be protected by law, no units and individuals shall be allowed to infringe. Where their legal rights and interests are infringed on, they have the right to report, denounce and complaint to the institutions for accepting and hearing the complaints of the foreign-investment enterprises established by the people's governments at all levels.

  Article 23. The provincial offices for accepting and hearing the complaints of the foreign-investment enterprises established at the foreign economic and trade departments of this province, which are under the leadership of the provincial leading group of the work of utilizing foreign investment, and the institutions for accepting and hearing the complaints of the foreign-investment enterprises established or appointed by the people's governments of municipalities, prefecture or counties shall be responsible for handling the complaints of foreign-investment enterprises.

  After receiving the complaints, the institutions for accepting and hearing the complaints of foreign-investment enterprises should send to the relevant departments to be handled in accordance with the concrete conditions, and also be responsible for supervising them to handle.

  The departments of exactly undertaking the complaints and hearing of foreign-investment enterprises should accept, hear and complete the complaints within the legal time limit.

  Article 24. Excluding the insured case of social insurance stipulated by the state (including endowment insurance, unemployment insurance, employment injury insurance, birth insurance and medical insurance), any units shall be allowed to increase other insured kinds of social insurance and force foreign-investment enterprises to insure without authorization, and also shall not be allowed to entrust the non-insurance handling institutions to act the relevant insurance for foreign-investment enterprises on their behalf. The insurance handling institutions must strictly carry out the rate of premium stipulated by the state and this province, and they shall be allowed to change the rate of premium optionally.

  Article 25. The higher competent department of the side of China in the foreign-invested enterprises, should communicate the opinions, advices for the enterprises through the Chinese directory, and may not illegally interpose the enterprises' nomal activities of producting and operating.

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