中华人民共和国台湾同胞投资保护法实施细则 RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON PROTECT

compatriots.

　　Any organs or units shall not impose levies of manpower, materials or money upon enterprises with investment by Taiwan compatriots, nor impose upon enterprises with investment by Taiwan compatriots any inspections or fines other than those specified by laws and regulations, nor force, or force in disguised form, enterprises with investment by Taiwan compatriots to participate in such activities as training, evaluations, appraisals or examinations in violation of the provisions of the State.

　　Enterprises with investment by Taiwan compatriots are entitled to reject any of the actions in violation of the above-mentioned provisions and report them to the relevant government departments. The government departments receiving the reports shall deal with the reported matters according to law and preserve the secrets for the reporters.

　　Article 24 The State shall not nationalize or requisition the investments from investors who are Taiwan compatriots; in special cases, in light of the needs of social and public interest, the State may requisition the investments from investors who are Taiwan compatriots in accordance with legal procedures and pay corresponding compensations. The compensations shall be equivalent to the value of the investments at the moment just prior to the decision of requisition, including interest as calculated at a reasonable interest rate beginning on the day of requisition and ending on the day of payment, and may be converted into foreign exchange, or remitted back to Taiwan or out of the territory according to law.

　　Article 25 The State shall protect, according to law, personal freedom and personal safety of investors themselves who are Taiwan compatriots and their accompanying family members, as well as employees who are Taiwan compatriots working in enterprises with investment by Taiwan compatriots and their accompanying family members. Except for those dealt with in accordance with the provisions of relevant laws of the State, no compulsory measures shall be adopted to restrict personal freedom of Taiwan compatriots.

　　Article 26 In areas where e

nterprises with investment by Taiwan compatriots are concentrated, associations of enterprises with investment by Taiwan compatriots may be established according to law.

　　Lawful rights and interests of associations of enterprises with investment by Taiwan compatriots as well as legal activities conducted in accordance with their articles of association shall be protected by law.

　　Article 27 The people's governments at various levels shall provide superb, regular and convenient services for investments by Taiwan compatriots. The Taiwan affairs offices of the people's governments at various levels shall effectively accomplish the work in legal public awareness and consulting services, handling complaints, settling disputes, and etc., for investments by Taiwan compatriots.

　　Article 28 Investors who are Taiwan compatriots, enterprises with investment by Taiwan compatriots, or associations of enterprises with investment by Taiwan compatriots, if believing that any specific administrative behavior of an administrative agency or work staff of an administrative agency has infringed upon their lawful rights and interests, may apply for administrative reconsideration or institute administrative procedure in accordance with the provisions of relevant laws and administrative regulations of the State.

　　Article 29 In case a dispute in connection with investment arises between an investor who is a Taiwan compatriot and a company, an enterprise, any other economic organization or an individual from the Mainland, the parties concerned may settle the dispute through consultation or mediation.

　　Where the parties concerned are unwilling to go through consultation or mediation, or the consultation or mediation has failed, they may refer to an arbitration organ of China for arbitration in accordance with an arbitration clauses in the contract, or a written arbitration agreement reached after the dispute has arisen. An arbitration organ on the Mainland may engage a Taiwan compatriot as the arbitrator in accordance with the relevant provisions of the State.

　　In the event the parties concerned does not stipulate any arbitration clause in their contract, nor has a written arbitration agreement been reached after a dispute has arisen, they may bring a lawsuit before the people's court.

　　Article 30 Where a Taiwan compatriot make an investment in the Mainland with his company, enterprise or any other economic organization established in any other country or region as an investor, these Implementing Rules may apply mutatis mutandis.

　　Article 31 These Implementing Rules shall come into effect as of the date of promulgation

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