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备案译审

Decree of the People’s Government of Hebei Province〔2013〕No.8

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Provisions?of Hebei Province?on

Protection?of?Rights and Interests of Enterprises

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Decree of the People’s Government of Hebei Province

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〔2013〕No.8

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Provisions?of Hebei Province?on Protection?of?Rights and Interests of Enterprises?adopted at the 9th?Executive Meeting of the People’s Government of Hebei Province on September 16, 2013?are hereby promulgated and shall become effective as of November 1, 2013.

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?Governor Zhang Qingwei

?September 18, 2013?


Provisions?of Hebei Province?on

Protection?of?Rights and Interests of Enterprises

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Chapter I General Provisions

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Article 1?These Provisions?are enacted in accordance with relevant laws and regulations in order to protect rights and interests of enterprises, improve and optimize enterprises’ production and operation environment, and promote the harmonious development of economy and society and in light of the specific situation of this Province.

Article 2?These Provisions?apply to enterprises that are lawfully established and engaged in production and operation activities within the administrative region of this Province.

For the purpose of these Provisions, the term “rights and interests of enterprises” means ?property rights and ?management rights, rights to acquire the administrative permission or services according to law, rights to refuse and boycott increased burdens on enterprises illegally and other lawful rights and interests provided for by laws, legislations and rules.

Article 3?The people's governments at or above the county level shall strengthen their leadership in protecting rights and interests of enterprises, establish and improve the work coordination mechanisms, arrange for, coordinate and supervise relevant departments to protect rights and interests of enterprises effectively according to law, put the policies and measures to support the development of enterprises into place, and rectify, investigate and punish all the illegal activities that may impair the rights and interests of enterprises.

Article 4?The competent departments in charge of industry and information technology?under the people's governments?at or above the county level or the departments in charge of the protection of rights and interests of enterprises appointed by the people’s governments at or above the county level (hereinafter referred to as “protection departments of ?rights and interests of enterprises”) are responsible for the arrangement and coordination of the protection of rights and interests of enterprises within their respective administrative regions.

Other departments of the people’s governments at or above the county level, including those in charge of development and reform, public security, supervision, civil affairs, finance, human resources and social security, environmental protection, commerce, state-owned assets supervision and administration, taxation, industrial and commercial administration, quality and technical supervision, administration of work safety, food and drug administration, shall do a good job in protecting ?rights and interests of enterprises within the limits of their respective functions and duties.

Article 5?Any enterprise that engages in production and operation shall abide by laws, legislations, rules and enterprises’ regulations established according to law, observe social ethics and business ethics, and shoulder social responsibilities. No enterprise may infringe upon national interests, social public interests or legitimate rights and interests of staff and others.

Article 6?Any enterprise shall have the right to complain, report, appeal or charge against any act that damages any rights or interests of enterprises with relevant State organs and their functional departments.

Any unit or individual shall have the right to report against any act that damages rights and interests of enterprises.

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Chapter II Protective Measures

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Article 7?Any?administrative organ shall, when it works out ?a regulation or a normative document involving rights and interests of enterprises, heed opinions and suggestions from enterprises in various forms such as hearing and feasibility study meeting and accept?those that are reasonable.

In normative documents, such matters related with?administrative licensing, administrative penalty or compulsory administrative measures shall not be established. Any act of restricting and depriving rights of enterprises illegally or any act of increasing enterprises’ obligations shall not be allowed, either.

Article 8?Any administrative organ shall implement administrative supervision and administration in strict accordance with provisions of laws, regulations and rules. Where various measures can be taken to achieve certain public administration purposes, the measure that is most in favor of protection of rights and interests of enterprises shall be selected. Any administrative organ shall not make any decisions to infringe upon enterprises’ rights and interests or add their obligations without abiding by provisions of laws, regulations and rules.

Article 9?Except for the circumstances provided by law, where the implementation of specific administrative activities by any administrative organ may affect rights and interests of enterprises,?the administrative organ shall notify enterprises in writing of facts, reasons and bases of the administrative acts, as well as rights enjoyed by enterprises, such as the right to argue and the right to defend, and approach, mode and time limit for relief.

Where an administrative organ is asked to explain the reasons to make an administrative decision as required by laws and legislations, the same organ shall give the reasons in the administrative decision; for any act or event of the same or identical nature, the administrative organ shall deal with it in the same way, unless otherwise provided for in laws and regulations.

The administrative organ shall keep confidential the business secret of enterprises it has obtained in the process of implementation of administrative act.

Article 10?Except for the fields that the State has a restrictive requirement for business operation, all kinds of enterprises shall enjoy the right to access equally and compete fairly, while any administrative organ shall not conduct department and industry monopoly nor hinder fair competition.

Unless otherwise provided by laws and administrative rules or regulations, no administrative organ may restrict any enterprise from other regions to enter the local region to engage in production and operation, or restrict commodities from other regions to have access to the local market; where an enterprise operates its business by obtaining administrative licensing from an administrative organ at a next higher level, the administrative organ at a next lower level shall neither practice ?regional blockades nor restrict enterprises from other regions to carry out their business operation by resorting to such measures as requiring enterprises to put their business operation status on record, reviewing their qualifications or setting up business premises.

Article 11 Any administrative organ shall establish a centralized office or area where enterprises may deal with all administrative licensing matters in the same place, simplify examination and approval procedures, improve ?service processes, and complete procedures within a specified time limit so that an efficient and convenient service can be provided for enterprises.

Article 12?The administrative licensing that any enterprise has obtained according to law shall be protected by law, and no administrative organ shall, without authorization, alter the administrative licensing which has come into force.

If the laws, regulations and rules on which the administrative licensing is based are modified or abolished, or the objective circumstances on which the administrative licensing granted is based have seen significant changes, the administrative organ may change or withdraw the administrative licensing that has been in effect for the need of public interests. And the administrative organ shall compensate for the property loss resulted therefrom according to law.

Article 13?All administrative organs that collect fees from enterprises must perform their duties according to currently effective charges collectable and rate for fees prescribed by the State and this Province. The fees collected shall be announced to the public, and a license for fee collection shall be produced when an administrative organ is collecting fees and a receipt uniformly made and issued by a statutory department shall be provided.

All acts of fee collection that go beyond the limit of power and standard, or fee collection that is based on the items created by the collector itself are prohibited; repeated fee collection on the same items within the statutory time limit ?are prohibited.

Where an act of fee collection can be done in a unified way, the finance department of the people’s governments at or above the county level shall coordinate with relevant departments to collect fees from the enterprises in a centralized and unified way.

Article 14?For?administrative penalties on enterprises, an administrative organ may avoid giving the administrative penalties in case the enterprises can be made to consciously perform their legal obligations and correct their unlawful acts by such means as education, admonition and counseling; all minor illegal acts that have been rectified promptly and have no harmful consequences shall not be given an administrative penalty.

Where a penalty has to be given in accordance with laws, regulations and rules, it shall be done in strict accordance with relevant provisions on regulating the discretion in administrative penalty according to law.

Article 15 Any administrative organ shall serve legal instruments on an enterprise when it takes administrative compulsory measures such as property sealing up, distraining and freezing; the administrative organ shall write out a list of the properties sealed up and distrained and keep them properly, and they may not be used or damaged; where any losses are caused, a compensation shall be made according to law. After the business properties are sealed up, distrained and frozen, the facts shall be investigated in a timely manner and dealt with decisions within the statutory time limit.

Any administrative organ is forbidden to seal up, distrain or freeze the property of enterprises exceeding the limit it should do when a compulsory measure is taken against an enterprise, the property warranty that the enterprises provide satisfies the enforcing requirements, and the property is divisible; if otherwise provided for by laws and regulations, such provisions shall apply.

When an administrative organ seals up, distrains or checks the financial books, transaction records, seals and other related texts, electronic information of an enterprise, or has all the above data recorded, audio recorded, video recorded, photographed and duplicated, it must do it on the basis of laws and regulations; where there is no such basis, the enterprise has the right to refuse to comply.

Article 16?Any supervision and inspection on enterprises must be carried out by administrative organs in strict accordance with statutory procedures and limits of power. Where various supervisions and inspections can be implemented together with others by different administrative organs, the people's governments at or above the county level shall arrange for relevant administrative organs to implement a combined or joint inspection; where the same administrative organ carries out various supervisions and inspections on the same enterprise, the supervisions and inspections shall be implemented in a combined manner to reduce the inspection number of times.

Article 17?When an administrative organ conducts its supervision and inspection on enterprises, the enterprises shall have the right to refuse the activities in any of the following circumstances:

(1)?Where the law enforcement personnel are fewer than two?persons;

(2)?Where?the valid law enforcement certificates are not produced;

(3)?Where there’s no specific item to supervise or inspect and there’s no legal basis of laws and regulations; and

(4)?Where repeated checking, inspection, quarantine and testing are carried out without legal basis.

Article 18?If an administrative organ needs to extract samples for the purpose ?of inspection, quarantine, testing ?on enterprises’ products according to law, the administrative organ shall pay for the extracted samples; if free samples should be provided by enterprises in accordance with provisions of laws, regulations and rules, the extracted samples shall not exceed the quantity as required by technical standards and standard?specifications; if the extracted samples should be returned according to law, they shall be returned in a timely manner, and if losses are caused, compensation must be paid.

All relevant administrative organs shall directly use the inspection, quarantine and testing conclusions or appraisal results made by legal inspection, quarantine and testing agencies for the same batch products according to law, unless it is otherwise provided for by ?laws and regulations.

Article 19?When an administrative organ?conducts inspection, quarantine and testing on products that an enterprise produces or deals with?according to law, or gives administrative licensing and administrative penalties, takes administrative compulsory measures as well as carries out supervision and inspection and other activities, it shall set up files for the status about the records of supervision and inspection, evidence materials and law enforcement documents and processing results.

Except for the materials that should be kept confidential according to law, an enterprise may apply for consulting the archival data, and the administrative organ should provide the inquiry services free of charge.

Article 20?Any administrative organ shall not require enterprises to accept designated training, designated services or to buy designated products through any social organizations or other intermediary service agencies when it approves the administrative licensing or non-executive licensing, identifies the eligibility or qualification, conducts annual verification or annual inspection, or performs regular inspection or ?entrusted inspection.

Article 21?Any administrative organ may not conduct activities involving in enterprises’ standard, appraisal, recognition, assessment and other related inspections except otherwise explicitly provided for by laws, administrative regulations or the State Council.

Article 22?All social organizations such as industry associations, organizations of enterprise representatives, social intermediary organizations and their staffs shall regulate their own behaviors according to law, and shall not interfere with the normal production and business operations of enterprises or do harm to the rights and interests thereof.

The standard of membership fees charged by any industry association and organization of enterprise representatives shall not be put into effect until it is discussed and adopted by a vote in accordance with provisions of the articles of association and filed with the price and the relevant competent departments for the record in accordance with relevant provisions of the State.

Article 23?The press is encouraged and supported to supervise the activities that damage the rights and interests of enterprises.

When the press reports on the related situation of enterprises, it shall abide by laws, regulations and professional ethics. Exaggerating or making false reports to damage the rights and interests of enterprises is prohibited.

Article 24?Except otherwise explicitly provided for by laws and regulations,?any unit or individual may not commit any of the following acts:

(1)?To force or force in disguised form enterprises to take

part in all kinds of activities in respect of appraisals, standards, upgrades, ranking, authentication and honoring and charge fees accordingly;

(2)?To force or force in disguised form enterprises to place

advertisements, accept paid news coverage and subscribe published products;

(3)?To force or force in disguised form enterprises to join

social associations such as industry associations etc., provide membership fees, operation funds and other sponsors and participate in commercial insurances.

(4)?To require enterprises to accept any designated training,

designated services or ?buy designated products;

(5)?To interfere in enterprises’ legitimate decision-making

power of employment;

(6)?To force or force in disguised form enterprises to

provide lending or credit guarantee;

(7)?To force or force in disguised form enterprises to

suspend the normal production and business operation approved in accordance with laws when special or periodic supervisions and inspections are conducted;

(8)?To impose donation quotas upon enterprises or force

enterprises to make donations or contributions; and

(9)?To engage in other acts that may damage rights and

interests of enterprises.

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Chapter III Services and Remedies

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Article 25?Any administrative organ shall, through web portals or other means, publish the data relating to its administrative licensing, administrative penalty, administrative and non-profit-making service fees and administrative law enforcement supervision and inspection in accordance with relevant provisions of government information publicity.

The people's governments at or above the county level may arrange for relevant departments to provide enterprises within their respective administrative regions with free information including relevant data from provisions of the preceding paragraph.

Article 26?The human resources and social security department of the people’s governments at or above the county level, the labor union and all enterprise representative organizations at the same level shall establish a labor tripartite coordination mechanism to coordinate issues of significance relating to prevention of labor disputes and disposition of collective labor disputes and unexpected events of labor relations and make the best of the relationship between normal production and operation of enterprises and realization of laborer rights and interests so as to promote harmony and cooperation between employees and enterprises.

Article 27?The people's governments at or above the county level shall establish a linkage mechanism that is joined in by relevant competent departments, enterprise representative?organizations and enterprises to respond to foreign trade remedy investigations, maintain the security of domestic industries, and safeguard rights and interests of enterprises by taking advantage of the rights granted by rules of World Trade Organization.

Article 28?All administrative organs shall maintain the normal order of market and ?investigate and punish ?illegal acts such as making and selling fake and inferior products, dominating the market, and plundering and stealing enterprises’ property without delay as that a sound production and operation environment can be created for enterprises.

Article 29?All administrative organs shall ascertain, in a timely manner,?the truth of?reported cases in which the enterprises get involved and deal with them according to law.

To any enterprise that is punished in error due to fabrication of facts and false accusation, the administrative organ that has made the wrong decision on the enterprise shall correct its decision by law without delay. Where the enterprise requires to clarify the facts, the relevant administrative organ should clarify the facts so as to protect the rights and interests of enterprises according to law.

Article 30?The people's governments at or above the county level shall establish a supervisory mechanism on administrative and no-profit-making service fees relating to the rights and interests of enterprises. The financial departments of the people's governments at or above the county level shall make the results of the supervision known to the public.

Article 31?The departments for enterprises’ ?right and interest protection may, by means of inviting superintendents and distributing free feedback forms about the situation of enterprise right and interest protection, etc, ?get to know the status that ?the interests and rights of enterprises are damaged and that the burden of enterprises is increased and report it to the people's governments at the same level; the people's governments at or above the county level shall promptly investigate and deal with the issues related to the damage of the enterprises’ rights and interests and supervise on the rectification and correction.

Article 32?The supervisory departments and departments for enterprises’ right and interest protection of the people's governments at or above the county level shall establish a complaint and report system for the protection of rights and interests of enterprises, publish contact information to respond to complaints and reports, deal with the accepted complaints and reports in a timely manner according to law, and inform the results thereof to the complainant or whistleblower.

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Chapter IV Legal Liabilities

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Article 33?Any administrative organ or any of its staff members, ?in violation of these Provisions, damages rights and interests of enterprises, the unit itself, a higher organ or a supervisory organ shall, in accordance with its limit of power, order it/him to make rectification and return the properties collected through illegal means; if the circumstances are serious, the persons who are directly in charge and other persons who are directly responsible shall be given sanctions according to law; if losses are caused, the violator shall bear liability for compensation according to law; if a crime is constituted, criminal liabilities shall be investigated in accordance with law.

Article 34?If any administrative organ or any of its staff members fails to perform or delay in performing its/his duties to protect rights and interests of enterprises, the unit itself, a higher organ or a supervisory organ shall, in accordance with its limit of power, order it/him to make rectification; if the circumstances are serious, the persons who are directly in charge and other persons who are directly responsible shall be given sanctions according to law; if losses are caused, the violator shall bear liability for compensation according to law; if a crime is constituted, criminal liabilities shall be investigated in accordance with law.

Article 35?If ?any of the personnel at administrative departments retaliate against complainants, whistleblowers or ?claimants for their deeds in defending rights and interests of enterprises, the unit he/she works with or a supervisory organ shall give him/her sanction in accordance with law; if ?a crime is constituted, criminal liabilities shall be investigated in accordance with law.

Chapter V Supplementary Provisions

Article 36?Any organization that is authorized by laws and regulations to exercise the power of administration on public affairs shall comply with the relevant provisions about administrative organs of these Provisions.

Article 37?These Provisions shall apply mutatis mutandis to the protection of rights and interests of individual businesses.

Article 38?These Provisions?shall come into effect as of November 1, 2013.

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