China Foreign Investment Law: MOFCOM Issues Draft Complaint Mechanism

    View Author April 2020

    The People’s Republic of China (PRC) Foreign Investment Law, which took effect January 1, 2020, provides that foreign invested companies (FIEs) may resolve disputes with administrative agencies through a complaint mechanism. Such a complaint mechanism is not a novel invention. In 2006, the PRC Ministry of Commerce (MOFCOM) released an Interim Measures for Processing Complaints of Foreign Invested Companies (the Interim Measures), which established the basic features for complaint processing. On March 23, 2020, MOFCOM released the Draft of Working Measures for Processing Complaints of Foreign Invested Companies for Public Comments (the Draft Measures) as an update to the Interim Measures. This article reviews and analyzes the Draft Measures.