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China

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COUNTRY STARTER PACK
China COUNTRY STARTER PACK - Asialink Business
Country starter pack
2
    Introduction to China

         China at a glance
                      POPUL ATION - 2018                                  GDP PER CAPITA (PPP) - 2018*                                               SURFACE AREA

                                                                                                                                                                           Contents
                                1.415                                           USD$18,110 INCOME LEVEL                                   9.6                              1. Introduction                                          4

                                billion
                                                                                                                                                                           1.1   Why China? Opportunities for Australian businesses 5

                                                                                 Upper middle                                              million                         1.2   China at a glance                                  9
                                                                                 *Gross Domestic Product (Purchasing Power Parity) IMF
                                                                                                                                         square kmS                        1.3   China and Australia: The bilateral relationship    21

                                                                                                                                                                           2. Getting started in China                             24
         GDP GROWTH 2018		                                           CAPITAL CIT Y                                                        GDP 2018                         2.1   What you need to consider                         26
                                                                                                                                                                           2.2   Researching China                                 38

                                                                                                                                          US$13.41 trillion                2.3   Possible Business Structures                      43

                                  6.6%
                                                                                                                                                                           2.4   Manufacturing in China                            48

                                                                                                                                                                           3.    Sales and marketing in China                      52
                                                                                                                                          POLITICAL STRUCTURE
                                                                                                                                                                           3.1   Agents and Distributors                           54

                                                                     Beijing
                                                                                                                                                                           3.2   Online Sales                                       57

         GDP GROWTH FORECAST (IMF)                                                                                                                   Communist State       3.3
                                                                                                                                                                           3.4
                                                                                                                                                                                 Direct selling
                                                                                                                                                                                 Franchising
                                                                                                                                                                                                                                    67
                                                                                                                                                                                                                                   68
                                                                                                                                                                           3.5   Marketing                                         68
         6.3% (2019), 6.1% (2020), 6.0% (2021)                                                                                            GENERAL BANKING HOURS            3.6   Labelling requirements                             71

                                                                                                                                                                           4.    Conducting business in China                       72
                RELIGION                      CLIMATE                 CURRENCY                        FISCAL YEAR
                                                                                                                                                     Monday to Friday      4.1
                                                                                                                                                                           4.2
                                                                                                                                                                                 Chinese Culture and Business Etiquette
                                                                                                                                                                                 Building Relationships with the Chinese
                                                                                                                                                                                                                                    73
                                                                                                                                                                                                                                    77

                                                                                                                                                     8AM to 5PM            4.3
                                                                                                                                                                           4.4
                                                                                                                                                                                 Negotiations and Meetings
                                                                                                                                                                                 Due diligence and avoiding scams
                                                                                                                                                                                                                                   82
                                                                                                                                                                                                                                   86

                                                                                                                                                                           5.    Business practicalities in China                  92
                                                                                                          jan-dec                         INTERNATIONAL DIALLING CODE      5.1   Laws and regulations                              93

                                                                                                                                                       +86
                                                                                                                                                                           5.2   Import Duties, Tariffs and Regulations            98
                                                                                                                                                                           5.3   Taxation                                          103
          BUDDHIST 18%, CHRISTIAN 5%,
           MUSLIM 2%, FOLK RELIGION     Extremely diverse           Renminbi (RMB)                Calendar year                                                            5.4   Audit and Accountancy                             107
            22%, UNAFFILIATED 52%       TROPICAL IN THE SOUTH TO                                                                                                           5.5   Employing Workers                                 108
                                        SUB-ARCTIC IN THE NORTH
                                                                                                                                                                           5.6   Banking in China                                  115
                                                                     >

                                                                                                                                                                           5.7   Repatriating Profits and Getting Paid             117
                                                                                                                                          STOCK EXCHANGE
                                                                                                                                                                           6.    Visiting China                                    120
                                                                                                                                                                           6.1   Visas                                             121
                                                                                                                                          SHANGHAI STOCK EXCHANGE (SSE)    6.2   Currency                                          122
             TIME DIFFERENCE             AUSTRALIAN IMPORTS        AUSTRALIAN EXPORTS                EXCHANGE RATE                        SHENZHEN STOCK EXCHANGE (SZSE)   6.3   Air travel and Airports                           123
                TO BEIJING                FROM CHINA (2018)          TO CHINA (2018)                 (2018 AVERAGE)
                                                                                                                                                                           6.4   Ground transport                                  124
                                                                                                                                          OFFICIAL L ANGUAGE
            2 hours                        A$74.9                   A$118.4                   (RMB/AUD)
                                                                                                                                                                           6.5   Hotels and Dining                                 126
                                                                                                                                                                           6.6   Health and Welfare                                127

          behind (AEST)                      Billion                  Billion                   A$1 = RMB 4.94                            Mandarin (Chinese)               7.    Engage with us                                    132

                                                                                                                                                     Pǔ tōng huà 普通话
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4                                                                                           5
    Introduction to China                                           Introduction to China

                            1.1 WHY CHINA? OPPORTUNITIES

        1. Introduction         FOR AUSTRALIAN BUSINESSES
                            Is there any label that can do justice to modern China?
                            Asian giant, global powerhouse, economic phenomenon –
                            all are true, but somehow inadequate descriptions for the
                            extraordinarily powerful position that the People’s Republic
                            of China has come to occupy in the world economic order.
                            Forty years ago, after a long period of economic stagnation,
                            China was not in the world’s top eight economies. Today,
                            thanks to a breathtaking social and economic transformation
                            that began in the late 1970s, China is on track to overtake
                            the United States as the world’s number one economy
                            within a few decades, if not sooner. By some measures, it has
                            already done so. We are living in what many are now calling
                            ‘The Chinese Century’.

                            The irresistible rise of China has implications and
                            consequences for us all on so many levels. But for the
                            purposes of this guide, it largely comes down to one word:
                            opportunity. For Australia, and Australian businesses in
                            particular, has there ever been an opportunity like China?

                            Consider some key facts:

                            •   China is home to more than 1.42 billion people – or
                                about 56 times the population of Australia
                            •   China is the world’s number one trading nation and
                                manufacturer by output
                            •   In 2018, Chinese GDP is estimated to be USD 13.41
                                trillion, second only to the United States
                            •   China’s GDP growth rate over the past three decades
                                has often bypassed 10 per cent, and consistently
                                exceeded 7 per cent
                            •   As the Chinese economy matures, annual GDP growth
                                is still tipped to exceed 6 per cent
                            •   Household incomes in China are soaring, with more
                                than 400 million people now considered middle class.
                                By 2022, over 550 million people in China will be
                                considered middle class.
                            •   China’s urban middle class is expected to reach 70 per
                                cent of its population by 2030.
                            •   China is Australia’s biggest trading partner by a huge
                                margin.

                            The stats say it all: when it comes to business and trade,
                            China is the main game on the planet. On almost every
                            measure, it is now bigger than the rest, and getting bigger
                            every year. As such, China can scarcely be ignored by
                            any business looking to expand operations beyond its own
                            domestic market.
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    Introduction to China                                                                                                                                                                                                                         Introduction to China

         For Australian businesses, opportunities in China have          Australian businesses in China. Years before the landmark      Education: China is Australia’s largest source of                Legal services: ChAFTA benefits Australian law firms by
         sprouted across a huge – some might even say bewildering        agreement was signed, China had already taken over             international students with the services export market           permitting them to be the first foreign entrants able to
         – range of industries, market sectors and geographic            from Japan as Australia’s largest trading partner.             worth AUD 11.7 billion in 2018. In 2018, there were              establish commercial associations with Chinese law firms
         locations. Rapidly rising income levels in China and mass                                                                      255,364 Chinese students enrolled in Australian education        in China. This specifically occurs in the Shanghai Free
         migration from rural to urban areas have created an             In 2018, annual two-way trade between China and                institutions (including schools), representing 29 per cent       Trade Zone (SFTZ). Australian law firms are allowed to
         abundantly large class of urban consumers demanding             Australia reached almost AUD 215 billion. Iron ore,            of all international enrolments. Over 153,000 of these           offer Australian, Chinese and international legal services
         improved housing, a cleaner environment, overseas travel,       gas and coal make up the bulk of Australian exports            were in higher education institutions, including universities,   through a commercial presence, without restrictions on
         better education, a higher protein diet and an enhanced         to China (more than AUD 79 billion), but Australian            while 22,000 were in vocational education. As levels of          the location of clients.
         choice of financial services. From the sophisticated            service industries – led by education and tourism – are        disposable income continue to increase in China, Chinese
         consumers of developed cities such as Beijing, Guangzhou        a growing part of the trade relationship. China is also        parents are increasingly choosing to send their children         Information communication technology (ICT): Huge
         and Shanghai, to the growing middle classes in lesser-          the largest foreign buyer of Australian agriculture,           abroad for secondary education in preparation for foreign        growth in e-commerce in China has resulted in significant
         known inland cities, the newly industrialised China is a        forestry and fisheries products, with imports totalling        university. In 2018, there were 13,600 Chinese students          opportunities for innovative Australian businesses across
         veritable smorgasbord of opportunity.                           around AUD 13.5 billion in 2017-18. Australia’s main           enrolled in Australian schools. In contrast, only 4,796          the IT and communications sectors. The annual value of
                                                                         imports from China are manufactured goods, which were          Australian students went to China to study in 2016.              Chinese e-commerce totaled USD 1.33 trillion in 2018, an
         This is not to say that doing business in China is without      worth more than AUD 21 billion in 2018 and is led by                                                                            increase of 23.9% from USD 1.03 trillion in 2017 and, by
         unique challenges and complications. Apart from language        telecommunication equipment, IT products, furniture and        Tourism: China is Australia’s second largest inbound             2020, is forecast to exceed the combined e-commerce
         and cultural barriers, which can be considerable, foreign       homewares.                                                     tourist market (as measured by arrivals), and the largest        of the United States, Britain, Japan, Germany and France.
         businesses must navigate issues ranging from complex                                                                           when measured by tourism expenditure. More than                  The e-commerce boom is directly linked to the explosion
         bureaucracies, challenges in intellectual property (IP)         The entry into force of the free trade agreement in 2015       1.4 million Chinese visited Australia in the year ending         in internet connections across China, both via computers
         law enforcement, to quality control and the sheer,              was set to broaden and deepen the trade relationship.          September 2018 and were the largest source of tourism            and smartphones – at the last count there were around 1.3
         overwhelming size and diversity of the country. There is also   New service sector opportunities are already opening           expenditures (AUD 10.9 billion) into the Australian              billion internet users, including 800 million mobile internet
         the overarching challenge of the different way that business    up, with Australian financial and legal firms now able to      economy. These numbers appear likely to continue                 users. The Chinese Government’s target is to connect 1.2
         is conducted in China compared with other countries, the        do business in China for the first time, and many other        growing, particularly after the introduction of provisions in    billion people (85 per cent of the population) to 3G or 4G
         large and highly competitive market for both domestic and       services industries permitted to set up wholly-owned           ChAFTA for easier visa access for Chinese visitors. These        mobile internet by 2020. To meet these targets, China
         foreign businesses, and the complexity of understanding         Australian subsidiaries there. Australian agricultural         provisions include working holiday visas for 5,000 young         is expected to engage foreign companies to assist with
         and selling to the Chinese customer.                            produce exporters will also reap competitive benefits          Chinese aimed at assisting Australian rural areas.               infrastructure and services.
                                                                         from a number of tariff reductions. Tariffs were removed
         The rewards can be immense for Australian businesses            on 85 per cent of Australian goods imported into China         Aged care: China’s ageing population and underdeveloped          Agriculture and processed food: China buys more
         willing to put in the necessary preparation and hard work       when the agreement was implemented, rising to 98               aged-care sector represent a potentially big opportunity         Australian agricultural produce than any other country. In
         to address these challenges and successfully establish          per cent once it is fully enforced.                            for Australian businesses. By the end of 2017, China             the 2017-2018 financial year, Australian farmers and
         in China. The Chinese Government has continued                                                                                 had more than 241 million people aged over 60, with              the broader agricultural sector sold more than AUD
         to introduce policies aimed at raising standards and            There is no reason to think that the resources sector won’t    an old-age dependency ratio of 17.3 per cent and it is           11.8 billion of produce to China, around a quarter of
         encouraging more trade and investment, both inbound             continue to dominate Australia’s trade relationship with       expected to peak at 487 million, or nearly 35 per cent,          all agricultural exports. Trade is growing strongly, but
         and outbound. In this context, China Australia Free Trade       China for a long time to come. But opportunities outside the   around 2050. In 2016, the Government identified                  untapped opportunities still abound. The Australian
         Agreement (ChAFTA) which entered into force on 20               traditional export areas are booming. Australian businesses    improving the aged care industry as a key priority and           Department of Agriculture predicts China will account
         December 2015, provides major new opportunities for             should particularly consider some of the following sectors:    took five-year plan. It plans to provide 35 to 40 aged           for 43 per cent of global growth in demand for
                                                                                                                                        care beds per thousand elderly people (which would               agricultural products to 2050. The primary increase in
                                                                                                                                        amount to seven to eight million beds) and an aged care          demand is predicted to be for foods such as beef, lamb,
                                                                                                                                        workforce of 10 million by 2020. ChAFTA permits wholly           dairy, fruit and vegetables. Australian products have
                                                                                                                                        Australian-owned hospitals and aged-care institutions to         an enviable reputation for being clean, safe and high-
                                                                                                                                        be established in China. This potentially opens the way for      quality – which positions Australian exporters strongly
             Considering doing business in China?                                                                                       Australia’s private health sector to significantly expand its
                                                                                                                                        provision of services in East Asia.
                                                                                                                                                                                                         to take advantage of China’s growing demand for quality
                                                                                                                                                                                                         produce and its need for food security. There are also
                                                                                                                                                                                                         big opportunities for agribusinesses supplying inputs
             1. Do your research                                            • Be flexible & open to difference                          Financial services and investment: A key prospect for            such as animal feeds and genetics, as well as productivity
                                                                                                                                        Australian business is the provision of financial services to    enhancing services including education and technology.
                • Speak to industry experts                                 • Understand the local culture and                          China’s burgeoning middle class population. As Chinese
                • Connect with Australian businesses                          prepare before meeting with local                         incomes rise, more people will need banking, insurance,          Infrastructure development: Infrastructure investment
                  operating in China                                          business partners                                         investment products, financial planning and various other        in China has increased significantly in recent decades,
                                                                                                                                        consultancy services. Increasing numbers of Chinese              becoming a significant driver of economic growth and
                • Go to industry events & information                       • Practice Chinese business etiquette.                      will be employed in the financial services sector, rather        improved standards of living. China’s plans for further
                  seminars                                                                                                              than in manufacturing or agriculture, as the economy             rapid urbanisation over the next decade will have a massive
                                                                         3. Building relationships is crucial in                        transitions. Australian financial services providers have        impact socially, environmentally and economically. A
                • Seek professional advice.                                 Chinese culture, but it can take time                       both experience and expertise, and are well placed to            more urbanised China presents substantial environmental
                                                                            • Be patient with developing relationships                  become significant players in China’s financial services         challenges – and opportunities for businesses with
             2. Become aware of cultural differences                                                                                    sector, particularly with the implementation of ChAFTA.          experience and expertise in environmental technology
                and ways of doing business in China                         • Follow up and maintain contact with                       Market access has been enhanced in the banking,                  and urban development management. China’s need for
                • Gain an understanding of your customer                      your networks.                                            insurance, funds management, securities, securitisation          more efficient buildings, more sustainable energy use, the
                                                                                                                                        and futures sectors. With recent growth, banking and             transition from fossil fuels to less environmentally harmful
                  & local business partners                                                                                             wealth management have now become the biggest areas
                                                                                                                                        of Australian direct investment in China.
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    Introduction to China                                                                                                                                                                                                                         Introduction to China

         ChAFTA Overview of Benefits for Australian Businesses

         Australia and China signed the China Australia Free           Key outcomes include:                                            sources of energy, and new transport infrastructure all
                                                                                                                                                                                                        YEARLY AVERAGE TEMPERATURES IN OC
         trade Agreement (ChAFTA) on June 17 2015 with it              •     China providing Australia with its best ever services      offer good partnership opportunities. Some Australian
         entering into force on 20 December 2015. The trade                                                                             companies are already working in these areas; numerous                               Beijing       Shanghai      Guangzhou
                                                                             commitments
         negotiations secured numerous future gains for Australian                                                                      prospects exist for others.                                    January                  -3.9              4.1             14.1
                                                                       •     Reduced labour mobility barriers and improved
         business with Australia’s largest trading partner – China.
                                                                             temporary entry access                                     Another reason to consider China: Apart from the               February                  -1.5             5.1            14.9
         Those engaged in agriculture, manufacturing, services,
         investment, and resources and energy particularly benefit.    •     Duty-free entry on 96 per cent of Australia’s goods        intrinsic merits of doing business with China, there is        March                     5.4              8.9            18.3
         China has also agreed to a special clause recognising               exports on full implementation of the Agreement            another important reason to consider making it your            April                    13.6             14.6           22.3
         Australia as a ‘most favoured nation’ (MFN). This             •     Within four years of the Agreement (by 2019), almost       first port of call in Asia. China in recent decades has
                                                                                                                                        become a global business hub: it provides access to some       May                      19.8             19.6            26.1
         provides Australian businesses access to the same deals             all of Australia’s manufacturing, energy and resources
         that China strikes in free trade agreements with other              exports will enter China duty free.                        of the largest markets in the world. It has 16 free trade      June                     24.3            23.8             27.9
         nations (such as the USA) that may offer better access to                                                                      agreements in force, including with Australia, ASEAN,
                                                                                                                                                                                                       July                     26.2            28.2               29
         the Chinese market.                                                                                                            Switzerland, Iceland, Pakistan, Chile and Singapore. eight
                                                                                                                                        more are under negotiation. Its geographically central         August                     25             28.1           28.9
                                                                                                                                        position has also made it a global transport hub. It houses    September                  20            23.9             27.6
          ChAFTA – benefits for Australian services firms:                 Tariffs/Import duties under ChAFTA:                          six of the world’s 10 leading seaports, and has freight rail
                                                                                                                                                                                                       October                  13.2             18.5           24.6
                                                                                                                                        links to Russia, the Middle East and Western Europe.
         China is already Australia’s largest offshore market for      BEEF                          The removal of tariffs of                                                                         November                  4.9             12.7            20.1
         services. In 2018 our services exports to China were
         valued at AUD 17.9 billion, a 13% increase on 2017. With                                    12-25%                             1.2 CHINA AT A GLANCE                                          December                  -1.8             6.5            15.8

         the signing of the China Australia Free Trade Agreement                                     by 2024                            Geography
         (ChAFTA), opportunities for Australian service providers                                                                                                                                      Greater China includes a number of other high-profile
                                                                                                                                        China is the world’s fourth largest country by land area
         were set to grow in coming years. Specific areas of                                                                                                                                           regions in addition to the mainland, notably the delicate,
                                                                       SHEEP MEAT                    The removal of tariffs of          (after Russia, Canada and the US, followed by Australia
         opportunity in China include:                                                                                                                                                                 political matter of Taiwan, and the areas of Hong Kong
                                                                                                                                        as fifth) covering about 9.6 million square kilometres.
         1.   Improved market access for Australian banks,
              insurers, securities and futures companies, law firms,
                                                                                                     12-23%                             East to west it measures more than 5,200 kilometres,
                                                                                                                                        and from north to south more than 5,500 kilometres.
                                                                                                                                                                                                       and Macau, which were formerly European colonies and
                                                                                                                                                                                                       have operated with varying degrees of autonomy since
                                                                                                     by 2023.                                                                                          being returned to Chinese rule.
              education services exporters, health-care providers,                                                                      Its geography is highly diverse, with hills, plains and
              aged-care providers, construction firms and              HORTICULTURE                  The removal of tariffs ranging     river deltas in the east, and deserts, high plateaus and
              telecommunications businesses.                                                                                            mountains in the west. Two-thirds of China is covered by       Hong Kong and Macau

         2. Increased business and skilled worker mobility.
                                                                       PRODUCTS
                                                                                                     up to 30%                          mountains, hills and plateaus. Of the world’s 12 highest       Hong Kong and Macau are classified by Beijing as Special
                                                                                                                                                                                                       Administrative Regions (SARs). Hong Kong Island was
                                                                                                     most by 2019.                      peaks, China has seven. Its two major rivers, the Yellow
            The Chinese Government is reducing barriers to                                                                                                                                             acquired by the British in 1842 as part of the Treaty of
                                                                                                                                        and the Yangtze, both in the southeast, track through
            Australians working in China.                                                                                                                                                              Nanking at the end of the First Opium War, followed
                                                                       BARLEY                        The elimination of the tariff of   much of China’s main population and agricultural regions.
         3. Wholly Australian-owned companies are now allowed                                                                                                                                          by the Kowloon peninsula in 1860. The entire area, now
            to establish in China. This will benefit firms in areas
            such as telecommunications, tourism and hotels,
                                                                                                     3% immediately.                    Because of the huge differences in latitude, longitude
                                                                                                                                        and altitude across the country, China has an extremely
                                                                                                                                                                                                       known as Hong Kong, was leased to Britain from 1898
                                                                                                                                                                                                       to 1997, when ownership returned to China. Under the
            health and aged care, manufacturing, maritime                                                                               diverse climate, ranging from tropical in the far south        'one country, two systems' agreement between Beijing
            transport, real estate, and research and development.      SEAFOOD                       The removal of tariffs             to sub-arctic in the far north and alpine in the higher        and Hong Kong, which extends to at least 2047, Hong
                                                                                                                                        elevations of the Tibetan Plateau. Southern regions            Kong’s Chief Executive and legislature are able to make
         4. Australian architectural and urban planning firms are
            allowed to obtain more expansive business licences to
                                                                                                     upto 15%                           experience a monsoon season between April and
                                                                                                                                        October, with severe rainstorms that can bring flooding
                                                                                                                                                                                                       independent decisions for the region. Hong Kong has its
                                                                                                                                                                                                       own currency, government, separate customs territory
            undertake higher-value projects in China.                                                by 2019.                           and mudslides – and interruption to essential services.        and an independent legal system that continues to follow
                                                                                                                                        Typhoons can occur along the southern and eastern              British law. However, there have been recent tensions
         ChAFTA is discussed in more detail in Chapter 5.                                                                               coasts between May and November. More northern                 in regards to Chinese control of Hong Kong particularly
                                                                       LEATHER                       The removal of tariffs of          regions experience four distinct seasons – spring from         with the Chinese Government introducing electoral
                                                                                                     5 to 14%                           March to May, summer from June to August, autumn
                                                                                                                                        from September to November, and winter from
                                                                                                                                                                                                       reforms associated with the Communist Party of China
                                                                                                                                                                                                       in the democratic Hong Kong. Concerns of Hong Kong
                                                                                                     on hides, skins and leather by     December to February. Within China, the warmest city is        citizens in regards to their civil rights and liberties resulted
                                                                                                     2022.                              Haikou on the southern island of Hainan, which averages        in the 2014 peaceful but extensive protests known as the
                                                                                                                                        24.4°C for the year. The coldest city is Changchun in the      ‘Umbrella Revolution’ (in reference to umbrellas used to
                                                                       PROCESSED                     The removal of tariffs across      northeast, near the Russian and North Korean border,           defend against tear gas). This brought international focus
                                                                       FOODS                         a range of processed foods         which averages 5.5°C for the year.                             on the future of Hong Kong and the approach Beijing has
                                                                                                     including fruit juice and honey.                                                                  taken to address it.

                                                                       WOOL                          An Australia-only duty free
                                                                                                     quota for wool in addition to
                                                                                                     continued access to China’s
                                                                                                     WTO wool quota.
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10                                                                                                                                                                                                                                                                     11
     Introduction to China                                                                                                                                                                                                                     Introduction to China

                                                                                                                                      By the mid-19th century China had fallen into serious          Each ethnic group has its own specific cultural
                                                                                                                                      decline due to a combination of military defeats (by           influences and values. However, the primary core value
                                                                                                                                      countries looking to open China up) and corrupt and            of Chinese culture is founded on Confucianism – the
                                                                                                                                      incompetent feudal rule. In 1911, the last dynasty was         social teachings and ways of thinking of the philosopher
                                                                                                                                      overturned, bringing an end to imperial China with the         Confucius, who lived some 2,500 years ago. The strong
                                                                                                                                      abdication of the Qing child Emperor Puyi. Hopes for           emphasis in China placed on relationships, family,
                                                                                                                                      stability with the subsequent formation of the Republic of     hierarchy, nationalism and the importance of ‘face’
                                                                                                                                      China were short-lived, with years of civil war and invasion   stems from Confucian teachings. A particular element of
                                                                                                                                      by Japan in 1931. At the end of the civil war in 1949, the     Confucianism that has arguably had the largest impact on
                                                                                                                                      Communist People’s Republic of China was created by            modern China is the Five Great Relationships:
                                                                                                                                      Mao Zedong, otherwise known as Chairman Mao, who led
                                                                                                                                      China until his death in 1976.                                 1.    Ruler to subject
                                                                                                                                                                                                     2.    Father to son
                                                                                                                                      As Mao and the other Communist Party of China leaders
                                                                                                                                                                                                     3.    Elder brother to younger brother
                                                                                                                                      set out to unite China and improve living standards, all
                                                                                                                                      opposition was suppressed. In 1958, under the banner           4.    Husband to wife
                                                                                                                                      ‘The Great Leap Forward’, Mao introduced a series              5.    Friend to friend
                                                                                                                                      of reforms aimed at mass mobilisation of labour to
                                                                                                                                      improve agricultural and industrial production. Despite        In each of the first four relationships, the first person
                                                                                                                                      initial success, it ultimately led to a significant decline    mentioned is in an implied position of authority over
                                                                                                                                      in agricultural output, which in turn created a national       the second, while the fifth relationship denotes equality
                                                                                                                                      famine and weakened Mao’s position. This led to the            between friends. This conceptual framework, also evident
                                                                                                                                      fateful Cultural Revolution from 1966 to 1976, which           in other Asian cultures, gives rise to hierarchical social
                                                                                                                                      aimed to revive the nation’s revolutionary spirit and during   roles within households, workplaces and society generally,
                                                                                                                                      which capitalist and traditional elements were purged          with the hierarchies based on the seniority of age, social
                                                                                                                                      from Chinese society. The movement came at great               obligation, care for the elderly, and the strong value
          Macau became a defacto colony of Portugal in 1557 but          History                                                      economic and social cost, with much of the country's           placed on respect and loyalty.
          remained under official Chinese authority and sovereignty      China has a very long and illustrious history with major     cultural heritage destroyed, as many as 1.5 million people
          until 1887, when the Sino-Portuguese Treaty of Peking                                                                       killed, and the nation largely closed off to trade and other   Relationships are everything in China. While you are
                                                                         achievements in which present day Chinese take great
          gave sovereignty to Portugal. Macau returned to official                                                                    contact with foreign non-communist nations.                    building and nurturing your business relationships, you
                                                                         pride. China has been one of the world’s major centres
          Chinese control in 1999. The constitution of Macau                                                                                                                                         may be asked to share stories and information of a
                                                                         of trade for more than 2,000 years, dating back to the
          stipulates that its social and economic systems, lifestyle,                                                                 Following the death of Mao in 1976, the 11th National          surprisingly personal nature. Don’t be concerned when
                                                                         establishment of the historical ‘Silk Road’ in around
          rights and freedoms are to remain unchanged until at                                                                        Congress of the Communist Party in 1977 set China on           a Chinese person you are meeting for the first time
                                                                         200 BC, when Asia was connected with Europe and
          least 2049. This includes the legal operation of casinos,                                                                   a new path that ultimately led to its current economic         asks, for example, "how much money do you make?",
                                                                         Africa through trade routes. Since that time, great
          which are banned in China. Like Hong Kong, Macau’s ‘one                                                                     boom. New leader Deng Xiaoping combined socialist              "what is your partner’s Eastern astrology symbol?" or
                                                                         Chinese inventions – including the compass, gunpowder,
          country, two systems’ agreement provides a high degree                                                                      ideology with a more pragmatic adoption of market              "what are your religious beliefs" – it is all about building a
                                                                         fireworks, silk, noodles, various spices, moveable type
          of autonomy. Macau also maintains a separate currency,                                                                      principles and practices, reopening China to the world         relationship, an essential part of doing business in China.
                                                                         printing and papermaking – have been introduced to
          legal system and customs territory.                                                                                         and allowing limited private competition. His reforms are      The Chinese call it guanxi (关系). This refers to having
                                                                         the rest of the world. The Chinese were also the first to
                                                                                                                                      largely credited with setting China on the course that has     personal trust and a strong relationship with someone,
                                                                         document astronomical phenomena such as comets,
          Taiwan                                                                                                                      led to its preeminent position today.                          and can involve moral obligations and exchanging favours.
                                                                         sunspots and new stars. Before Europe’s industrial
          The status of Taiwan is somewhat sensitive in China.                                                                                                                                       Sometimes incorrectly perceived in Western business
                                                                         revolution, Chinese agriculture was more advanced
          Australia adheres to a one-China policy, and does not          and productive than the West’s, and its craftsmen were       Culture                                                        as bordering on unethical behaviour associated with
          have formal diplomatic relations with Taiwan. Australia                                                                                                                                    corruption (i.e. awarding projects to a friend’s company
                                                                         at least the equal of Europe’s. China was considered a       Chinese civilisation is among the oldest in the world, with
          does maintain unofficial contacts with Taiwan promoting                                                                                                                                    rather than the most qualified firm), it is a core part
                                                                         dominant world power in trade and technology.                a rich cultural tradition that has influenced much of Asia
          economic, trade and cultural interests and encourages                                                                                                                                      of doing business in China (see Chapter 4 for further
                                                                                                                                      for at least 3,000 years. The writing system, estimated
          Australian businesses to pursue investment and trade           Recorded Chinese history began about 3,600 years                                                                            information).
                                                                                                                                      to be around 4,000 years old, is a major unifying force
          opportunities in both the People’s Republic of China           ago, and the imperial dynastic system of government was      for dozens of different ethnic groups and 250 language
          and Taiwan.                                                    established as early as 221 BC. Imperial China is divided    groups and dialects that exist across China. The Han
                                                                         into two periods, beginning with early imperial China        people, who number under 1.3 billion, are by far the
          *Due to their differing government systems, economic           that spans the Qin Dynasty (221-207 BC) through the          largest ethnic group, with the others accounting for
          profiles and business opportunities, Hong Kong and Taiwan      Tang Dynasty (AD 618-907) and later imperial China           approximately 100 million people combined. The largest
          will be examined separately in individual guides. This guide   from the Song Dynasty (AD 960-1279) through the              minority groups are the Tibetans (Tibet Autonomous
          specifically focuses on mainland China, including the island   Qing Dynasty (AD 1644-1911). Despite the rise and fall       Region), Mongolians (Inner Mongolia Autonomous
          of Hainan.                                                     of many dynasties and occasional periods of disunity,        Region), Uighurs (Xinjiang Uighur Autonomous Region)
                                                                         the imperial age was remarkably stable and marked by a       and the Zhuang (Guangxi Zhuang Autonomous Region).
                                                                         sophisticated governing system. Each dynasty had its own
                                                                         distinct characteristics which encountered various foreign
                                                                         cultural and political influences as a result of ongoing
                                                                         territorial expansion and immigration.
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         Introduction to China                                                                                                                                                                                                     Introduction to China

     Chinese culture value system

                                                                                                                          As in other Asian societies, face is central in the             children in the care of grandparents is now stronger
         CHINESE VALUE                      EMPHASIS WITHIN MODERN CHINESE SOCIETY                                        Chinese business environment and plays an important             due to increasingly high living costs in urban areas and
                                                                                                                          role in inter/intra company communication, business             a growing focus on providing high quality education for
     CONFUCIANISM                              HARMONY         FAMILY         CONFLICT      IMPORTANCE OF     MORAL       negotiations, and the development and maintenance of            'only-children'. Although the one-child policy has helped
                                                             OBLIGATION      AVOIDANCE      RELATIONSHIPS     VALUES      social relationships. Everyone is aware and respectful of       to stem population growth, it has had its downsides
     Foundation of Chinese cultural
                                                                                                                          each other’s position and role. With more senior people         – including widespread concern about generations of
     value system.
                                                                                                                          placed on a ‘higher pedestal’ than in Western contexts,         "indulged" single children, the pressures on those children
     Consists of core values:
                                                                                                                          more respect and acceptance is expected. Through                to care for their parents and grandparents when grown
     •     Etiquette & politeness                                                                                         social etiquette and behavioural norms, Chinese people          and a significant gender imbalance with 1.17 boys for
                                                                                                                          aim to preserve a harmonious environment in which a             every girl due to a traditional bias for sons. It's low birth
     •     Respect & care for elderly
                                                                                                                          person’s miànzi (面子)– face – along with their social            rate threatens long term economic growth, with China's
           & parents                           HIERARCHY      ORDER IN      COMPASSION        RESPECT &      HONOUR &     standing and reputation can be upheld. The best way             total workforce expected to decline by as much as eight
     •     Honesty & trustworthiness                          SOCIETY                          LOYALTY         FACE       to manage miànzi is not to demand ‘yes’ or ‘no’ answers         million people per year from 2023 onwards as a result of
     •     Humanity towards others                                                                                        in business meetings, but to accept the need for slow,          an ageing population. To counter this, the Government
     •     Loyalty to state & authority.
                                                             1.2.3.                                                       consensual decision-making and relationship-building.
                                                                                                                          Contradicting someone openly, criticising them in front
                                                                                                                          of others or patronising them will all result in diūliǎn (丢脸)
                                                                                                                                                                                          announced in October 2015 a change in the one-child
                                                                                                                                                                                          policy to allow married couples to have two children for
                                                                                                                                                                                          the first time in more than three decades. However, only
                                                                                                                          – loss of face – and are sure ways to lose business and         50 to 60 per cent of the one-child generation say they
                                                                                                                          employees, as well as ruin relationships. Always be mindful     want second children because of the high cost of raising
     PATERNALISM                              RESPECT FOR    HIGH REGARD      STRONG            MORAL       NATIONALISM   of maintaining face and harmony with Chinese people             them and the desire for a higher living standard.
                                               AUTHORITY    FOR SENIORITY    DISCIPLINE       INTEGRITY                   through sincere compliments, showing respect, or other
     •     Stems from Confucianism:                                                                                                                                                       Globalisation and the introduction of foreign values in
                                                                                                                          actions that tend to raise the self-esteem of others. You
           ‘Five Great Relationships’                                                                                                                                                     recent decades have brought profound change in some
                                                                                                                          should particularly show respect to older people and to
     •     Focuses on patriarchal                                                                                         those in more senior positions than you.                        aspects of Chinese business and employment culture.
           family-like relationships.                                                                                                                                                     One notable example of this is the decline of the ‘iron
                                                                                                                          Social change and its influence on                              rice bowl’ – a term that refers to how communist state-
                                                                                                                                                                                          owned enterprises would provide for the broad life needs
                                                                                                                          Chinese culture
                                                                                                                                                                                          of their employees. The enterprise would provide meals,
                                                                                                                          Significant social and cultural changes that have               uniforms, often schooling for employees’ children and
     PERSONALISM                           HIGHER IMPORTANCE SENIORITY &     COLLECTIVE       LOYALTY          FACE       occurred in China over the past 70 years should not be          even housing (although typically in dormitories). The
                                           PLACED ON PERSONAL HIERARCHY       SOCIETY                                     underestimated when doing business there. In particular,
     •     Ruling by a person rather                                                                                                                                                      system included lifelong employment, with promotion
                                           RELATIONSHIPS THAN                                                             socialism and communism have resulted in a more unified
           than law                              THE LAW                                                                                                                                  based on seniority rather than performance, and strong
                                                                                                                          China and a much bigger emphasis on gender equality.            Confucian values reflected in strict hierarchies, top-

                                                                1
     •     Derived from Confucianism                                                                                      Contradicting the Confucian-influenced patriarchal
           emphasis                                                                                                                                                                       down management styles and sometime authoritarian
                                                                                                                          model, Mao pushed for greater social acceptance of              discipline in the workplace. This system survived well
     •     Founded on importance of                                                                                       women in the workplace from the 1950s. Today, females           into the 1990s, but has been in decline since foreign
           relationships and doing the                                                                                    make up 44 per cent of the Chinese workforce – the              multinational businesses started entering China
           right thing by others.                                                                                         highest rate in Asia. And around a quarter of China’s           and bringing with them Western management and
                                                                                                                          business entrepreneurs – some 29 million people – are           employment systems. However, many older Chinese
                                                                                                                          estimated to be women. Forbes magazine’s annual                 managers and businessmen still adhere to the old mindset
                                                                                                                          billionaires list consistently highlights the fact that a       when conducting business and managing employees.
     GUANXI (关系)                                COMPLEX     NEED TO BUILD     TAKES TIME       ASKING A                   majority of the world’s self-made female billionaires
                                               NETWORK       TRUST AND A     TO FOSTER TO      FAVOUR                                                                                     The increasing diversity in styles can be challenging for
     •     Chinese term for the role                                                                                      are from China. The high status of women in Chinese             Australian businesses: the key is to try to recognise the
                                               OF MUTUAL    RELATIONSHIP    BEFORE ASKING   REQUIRES ONE
           and importance of personal         OBLIGATIONS     PRIOR TO       FOR FAVOURS      IN RETURN                   business means Australian women conducting business             generational differences within and between enterprises
           relationships and trust,           AND SOCIAL    CONDUCTING                                                    there are able to be less mindful of their gender as a          in China, and adapt accordingly.
           especially within business.       CONNECTIONS      BUSINESS                                                    potential issue than they must be in other Confucian-
                                                                                                                          based cultures such as Korea and Japan.                         China has for centuries had a great diversity of religious
                                                                                                                                                                                          beliefs and practices. For much of the 20th century,
                                                                                                                          China’s one-child policy – introduced in 1978 to control        however, religion was actively discouraged and suppressed
                                                                                                                          population growth – and the surge in economic growth            by the Government. During the Cultural Revolution
                                                                                                                          of recent decades, have both brought changes that               (1966 to 1976), the major religions were effectively
                                                                                                                          are challenging Chinese cultural norms. Unlike other            banned, many churches and temples were destroyed
                                                                                                                          East Asian cultures, the Chinese do not automatically           and religious leaders and teachers were sent to factories
                                                                                                                          expect women to resign from their jobs once they are            and farms for re-education. In more recent times, the
                                                                                                                          married and raising children. Instead, it is widely accepted    Chinese Government has implemented a policy of
                                                                                                                          for mothers to return to work while grandparents                freedom of religious belief; redressing the unjust, false
                                                                                                                          look after children. Having grandparents, particularly          or wrong cases imposed on religious personages, and
                                                                                                                          paternal grandparents, living with young families is a          reopened sites for religious activities. The Government
                                                                                                                          long-standing Chinese tradition that reflects collectivist      particularly encourages traditional Eastern religions
                                                                                                                          values and provides an in-family aged-care system. But          such as Buddhism and Taoism to promote their role
                                                                                                                          the imperative for mothers to return to work and leave          in building a harmonious society. After the religious
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     Introduction to China                                                                                                                                                                                                                                                     Introduction to China

                                                                                                                                           National People’s Congress: China’s parliament, the                            the Five-year Plan (2015), party construction and
             CHINESE GOVERNMENT STRUCTURE                                                                                                  National People’s Congress, debates and ratifies the                           supervision (2016), amendment to the CPC Constitution
                                                                                                                                           policies set by the Central Committee of the Communist                         (2017), and reform of party and state institutions (2018).
                                                                                                                                           Party and the Politburo. It also ratifies laws and has
                                                           National People's Congress                                                      oversight and appointment authority for the State                              Five-Year Plans
                                                                                                                                           Council and courts. The congress is elected for a term of                      Five-Year Plans indicate how China’s economic, social,
                                                                                                                                           five-years and meets once a year.                                              environmental, geographic and legal landscape is likely
                                                           Standing Committee of the                                                                                                                                      to evolve over the coming five-years. Neither a law nor
                                                           National People's Congress                                                      Plenums                                                                        a regulation, the Five-Year Plan serves as a road map of
                                                                                                                                           Plenums are meetings of the Communist Party of                                 government priorities and interests. 13th Five-year Plan
                    President                                                                                                              China Central Committee which are usually held on an                           covers 2016-2020. It places a significant focus on growing
                    Xi Jinping                                                                                                             annual basis for the five-years of the serving National                        domestic consumption, introducing structural reforms
                                                                                                                                           People’s congress. All Plenums are as important as each                        such as financial and investment regulations, and enhancing
                                                                                                                                           other. The First Plenum introduces the new leadership,                         social welfare, introducing various health care reforms.
                                                                                                                                           the Second Plenum tends to be personnel- and Party
                  State Council                  Central Military                 Supreme People's             Supreme People's            construction-focused, while the Third Plenum is                                Economy
                Premier Li Keqiang                Commission                           Court                    Procuratorate              usually seen as the point where the new leadership has                         China’s economy is the second-largest in the world,
                                                                                                                                           consolidated power and introduces a broader economic                           behind only the United States. But after three decades
                                                                                                                                           and political agenda. The Fourth Plenum in 2014, focused                       of spectacular growth, China is now moving into a slower
                                                                                                                                           on the Chinese government dedication to following ‘rule                        growth phase – an inevitable result of its transition from
                                                                                                                                           of law’ in order to continue China’s economic growth.                          a developing economy to a more mature, developed
                  National                    State                                                               Other ministries
                                                                                             Ministry of                                   This includes the government recruiting "lawmakers,                            economy. In the 1980s, 1990s and early 2000s, China’s
                Development             Administration              Ministry of                                     (including
                                                                                            Industry and                                   judges and prosecutors who are qualified lawyers and law                       annual GDP growth frequently exceeded 10 per cent,
                and Reform                for Industry              Commerce                                       China Banking
                                                                                            Information                                    experts" rather than selecting officials based on loyalty.                     with an estimated 2019 growth of 6.3 per cent, although
                Commission              and Commerce              (MOFCOM)                                          Regulatory
                                                                                             Technology                                    To promote accountability, officials will now be assessed                      this is likely to be closer to 6 per cent with the impact of
                  (NDRC)                    (SAIC)                                                                 Commission)             in their delivery of the law with emphasis on minimising                       the US-China trade war.
                                                                                                                                           corruption through improving government efficiency and
                                                                                                                                           legal support for the market regulatory environment. The                       In coming years, the International Monetary Fund (IMF)
          repression of the 20th century, many Chinese are still            course of China's development. Today the party claims a        plenums of the last few years have set policy on economic                      forecasts China to continue growing at a rate of 6.3 per
          hesitant to acknowledge or discuss their beliefs, resulting       membership of over 85 million people.                          and social reform (2013), law-based governance (2014),                         cent in 2019 and 2020 and 6 per cent in 2021. These
          in a shortage of information on the level of religious
          observance. Recent studies estimate that 18 per cent of           Chinese Government Structure
          Chinese are Buddhists, around 5 per cent are Christian                                                                            CHINA REAL GDP GROWTH %
                                                                            The Communist Party is the overarching political
          and up to 52 per cent are non-religious. There is broad           authority in China and is headed by the General Secretary
          respect and harmony between religious believers and               (who can also be the head of state and head of military).
          non-believers. But in contrast to some other Asian                                                                               16
                                                                            China’s military, the People’s Liberation Army (PLA), is
          countries, religion generally does not play a big part            also directly under Communist Party oversight. The PLA
          in social and business contexts in China. The primary             is overseen by China’s Central Military Commission.            14
          sources of values remain traditional Chinese culture and          Since March 2013, the roles of Party General Secretary,
          Confucian thought.                                                China’s President, and Chair of the Central Military           12
                                                                            Commission have been held by Xi Jinping.
          Politics and government
                                                                                                                                           10
          The Chinese Government is a highly complex organisation           The President: Chinese presidents and vice-presidents
          that reaches into many aspects of Chinese society. An             serve five-year terms, appointed six months after the
          understanding of the workings of the central government           Party administration is settled.                               8
          is essential to a good understanding of China’s business
          culture. While this section details government at a               State Council: The State Council serves as the administrator   6
          national level, businesses seeking to operate in China            and regulator of China’s day-to-day government functions.
          should also have some awareness of the roles of provincial        It comprises ministries, bureaus, commissions and agencies,
                                                                            and is headed by Premier Li Keqiang since March 2013.          4
          and municipal levels of government.
                                                                            Political Bureau (Politburo): The Standing Committee           2
          Communist Party of China (CPC)                                    of the Politburo is China’s most powerful political entity.
          The Communist Party of China was founded in Shanghai              It effectively controls the direction and pace of China’s
                                                                                                                                           0
          in July, 1921. On October 1, 1949, after defeating the            economic development.
                                                                                                                                                 2003

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                                                                                                                                                                                                                       2013

                                                                                                                                                                                                                              2014

                                                                                                                                                                                                                                     2015

                                                                                                                                                                                                                                            2016

                                                                                                                                                                                                                                                   2017

                                                                                                                                                                                                                                                          2018

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                                                                                                                                                                                                                                                                                2021

                                                                                                                                                                                                                                                                                       2022

                                                                                                                                                                                                                                                                                              2023
          Kuomintang in the Chinese Civil War, Mao Zedong
          announced the founding of the People's Republic of                Central Committee of the Communist Party: The
          China (PRC) at Tiananmen Square. The Communist                    Communist Party takes its direction from policies devised
          Party has ruled continuously ever since, crafting all             by the highest governing body in China, the Central            Source: IMF World Economic Outlook Databases
          major social and economic initiatives and directing the           Committee of the Communist Party, which is further
                                                                            guided by the Standing Committee of the Politburo.
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     Introduction to China                                                                                                                                                                                                                       Introduction to China

          forecast figures still put it well ahead of most other                                                                       engine for growth. Currently, approximately one-third of         Agriculture: China is the world's largest producer of
          major economies’ growth rates and keep it on track to                                                                        global business leaders rank China among their top three         agricultural products – ranking first for rice, wheat,
          eventually overtake the US as the world’s largest economy.                                                                   regions for generating growth over the next year.                potatoes, sorghum, peanuts, tea, millet, barley, cotton,
          Manufacturing, services and agriculture are the largest                                                                                                                                       oilseed, pork and fish. Economic reforms introduced from
          sectors of the Chinese economy – employing the majority                                                                      Manufacturing: Manufacturing’s percentage share of               1978 led to a dismantling of the collectivist system and
          of the population and making the largest contributions                                                                       Chinese GDP has been slipping in recent years, but it            tremendous gains in production. Today the sector accounts
          to GDP. Since 1949, the Chinese Government has                                                                               remains a major sector, accounting for around 40 per             for 8 per cent of Chinese GDP, but employs 27 per cent
          been responsible for planning and managing the national                                                                      cent of China’s GDP; indeed, it grew slightly in 2018,           of the labour force, or close to 300 million people.
          economy. But it was only after 1978 – when Deng                                                                              although is expected to fall slightly in 2019 due to the
          Xiaoping began market-based reforms –that growth began                                                                       impact of the US-China trade war. The sector employs             Legal system
          to take off, averaging 10 per cent annually for some 30                                                                      about 28 per cent of workers in China, and has ensured
                                                                                                                                                                                                        The Chinese legal system is one of the oldest in the
          years. During that period, the size of the Chinese economy                                                                   China remains the world leader in gross value of industrial
                                                                                                                                                                                                        world – although it has evolved particularly over the
          grew by roughly 48 times, from USD 168.367 billion                                                                           output. On the more developed Chinese eastern
                                                                                                                                                                                                        past century due to war, changing political systems and
          (current prices) in 1981 to USD 11.01 trillion in 2015.                                                                      coast, the focus has increasingly moved to advanced
                                                                                                                                                                                                        globalisation. The current legal system is primarily based
                                                                                                                                       manufacturing, while lower cost and more labour intensive
                                                                                                                                                                                                        on civil law, with the Constitution of the People’s Republic
          Since the introduction of Deng Xiaoping’s economic                                                                           manufacturing is increasingly located further inland.
                                                                                                                                                                                                        of China being at the core.
          reforms, China has what economists call a socialist
          market economy – one in which a dominant state-owned                                                                         Services sector: China’s services sector has doubled
                                                                                                                                                                                                        While China is continuing to make significant
          enterprises sector exists in parallel with market capitalism   environmental protection. The current five-year plan          in size over the past two decades. In 2013, it overtook
                                                                                                                                                                                                        improvements to its legal system – particularly in
          and private ownership. It was the active encouragement         focuses on increasing China’s competitiveness through         manufacturing as the largest sector of the economy, and
                                                                                                                                                                                                        commercial law – doing any form of business in China
          of private enterprise from 1978 that enabled China to          more efficient and increasingly advanced manufacturing on     in 2018 accounted for around 52 per cent of GDP. Major
                                                                                                                                                                                                        can present foreign businesses with numerous challenges.
          kick-start the long expansionary boom that continues           the east coast, attracting labour-intensive manufacturing     industries within the services sector include transport,
                                                                                                                                                                                                        In common law jurisdictions, such as Australia, court
          today. Private businesses now produce more than half of        to central provinces and increasing domestic demand.          storage and post (4 per cent of GDP), wholesale and
                                                                                                                                                                                                        judgments generally have binding legal effect. However,
          China’s GDP and most of its exports. They also create          Economic growth, which has in recent decades been driven      retail trades (10 per cent), hotel and catering services (2
                                                                                                                                                                                                        Chinese law follows a civil code system which involves
          most new jobs.                                                 by export-led manufacturing, is now becoming more             per cent), financial services (8 per cent) and real estate
                                                                                                                                                                                                        a legal system founded on a combination of national
                                                                         reliant on domestic consumption. The resulting increase       (6 per cent). The services sector is the largest employer in
                                                                                                                                                                                                        laws, and national and local regulations, supplemented
          Despite the recent rise of private enterprise, state-owned     in consumption spending represents a major opportunity        China, with around 45 per cent of workers.
                                                                                                                                                                                                        by court interpretations, departmental notices and,
          enterprises remain prominent and play a pivotal role in the    for Australian businesses that are able to successfully
                                                                                                                                       After years of intense focus on manufacturing, the               importantly, local practice. Although there is an official
          success of the economy. Chinese authorities have recently      target their products and services to an increasingly
                                                                                                                                       Chinese Government has given higher priority to the              hierarchy of legislation in which national laws take priority
          boosted their support for state enterprises in some sectors    affluent Chinese public. There is also encouragement for
                                                                                                                                       increasingly dominant services sector, including in its          over sometimes inconsistent lower-level regulations, in
          deemed important to economic or national security and to       foreign businesses to invest in key areas such as advanced
                                                                                                                                       current five-year plan. Although the sector has been             practice different interpretations of the same regulations
          create ‘national champions’. According to the State Assets     manufacturing, energy saving, environmental protection
                                                                                                                                       growing spectacularly, its share of GDP in China remains         are often applied. Uncertainty is often influenced by
          Supervision and Administration Commission, what qualifies      and modern services. Tightened regulation on energy
                                                                                                                                       much lower than countries such as Australia (67 per              local protectionism, variable enforcement and a lack of
          as a ‘key sector’ is broad, spanning real estate, metals       conservation and environmental protection also presents
          manufacturing, shipping, science and technology, mining,       an opportunity for Australian businesses.                     cent), the US (80.2 per cent), Japan (69.3 per cent) and
          telecoms and petrochemicals. Foreign investment in these                                                                     Brazil (72.8 per cent).
          sectors is subject to close scrutiny and often restricted or   China’s trade growth and foreign direct investment
          prohibited.                                                    particularly intensified when it joined the World Trade
                                                                         Organisation (WTO) in November 2001. Under the
                                                                         WTO, tariffs on agreed products were reduced and                 THE CHINESE COURT SYSTEM
          Although we tend to speak of one Chinese economy, it
          can also be usefully viewed as a decentralised collection of   market access to various industries was gradually phased
          several regional economies, with large wealth imbalances       in. Sectors opened up include trade and distribution,
          between the rural and urban populations. The eastern           franchising, advertising services and many more. This led                                                         Supreme People's Court
          provinces, which contain most of the manufacturing, are        to increasing global engagement including hosting the
          the wealthiest. Central China is more agriculture-focused      2008 Beijing Olympics and the 2010 World Expo in
          and not as wealthy, although low-end manufacturing is          Shanghai. From 2003 to 2010, the Chinese economy
          increasingly moving into the region. Western China is          experienced near-uninterrupted double-digit growth.
          the least economically prosperous region, although it          This excludes the period during the global financial crisis                       Local People's Courts                                         Special People's Court
          has significant natural resources. The three wealthiest        years of 2008 and 2009 where the Chinese economy
          and most important economic regions are all on the east        still managed to post impressive growth figures of more
          coast: the Pearl River Delta, close to Hong Kong, the          than 9 per cent.                                                                 Higher People's Courts                                             Military Court
          Yangtze River Delta surrounding Shanghai, and the Bohai
          Bay region near Beijing.                                       The perception of China since the 1980s as a
                                                                         predominantly low-cost manufacturing hub, where it                           Intermediate People's Courts                                           Maritime Court
          Under the socialist-market model, the Chinese                  effectively served as an inexpensive producer for global
          Government plays a direct role in managing the economy         brands, is changing as the economy grows. Increasing
          through its five-year plans that set goals, strategies and     labour costs and an ageing workforce have caused                              Grass-roots People's Courts                                   Railway Transportation Court
          targets. The five-year plans in the 1980s and 1990s            manufacturers’ profit margins to decline steadily. As
          focused on market-oriented reforms, while the past             a result, while cost rationalisation is still an attractive
          two five-year plans have focused on promoting more             feature of the China market, global and local businesses                                                                                            Forestry Court
          balanced growth, better wealth distribution and improved       are now starting to change strategies to tap China as an        Source: Law Library of Congress
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     Introduction to China                                                                                                                                                                                                             Introduction to China

                                                                                                                                       Top 10 World Container Ports*

          transparency, particularly in less developed areas. It is
          therefore essential for anyone looking to establish or
          operate a business in China to secure impartial and well-
          informed legal advice before taking the plunge.
                                                                              Infrastructure ratings
                                                                                                                                                                                                                            6
          The Chinese legal system has two overarching elements
          – the Supreme People’s Court and the Supreme
          People’s Procuratorate (the highest legal supervisory
          body). In addition, the National People’s Congress and
                                                                              2018 World Economic Forum's Global
                                                                              Competitiveness Report ranks China's overall
                                                                              quality of infrastructure as 29th out of 140
                                                                                                                                                                                         1    SHANGHAI
                                                                                                                                                                                              CHINA
                                                                                                                                                                                                                                BUSAN
                                                                                                                                                                                                                                SOUTH KOREA
                                                                                                                                                                                              42.01 million TEUs**              21.7 million TEUs
          its Standing Committee exercise national legislative                economies (1 being the most developed system)
          power, and the State Council is authorised to adopt
          administrative regulations and measures in accordance               ROAD                      PORT
          with the Constitution and national laws. China also has
          a system of provincial and municipal governments, each
          with a People’s Congress that may make local regulations,           42     ND
                                                                                                       48       TH                                              8    QINGDAO
                                                                                                                                                                     CHINA
                                                                                                                                                                     18.3 million TEUs
          provided they do not contravene the Constitution or

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                                                                              AIR                       RAIL
          national laws. All citizens are equal regarding application                                                                                                                                   TIANJIN
          of the law.

          Supreme People's Court: The Supreme People's Court
                                                                              63rd
                                                                                                       25TH                                                                                             CHINA
                                                                                                                                                                                                        16.0 million TEUs

          is the highest judicial body in China. It oversees the
          administration of justice by local people’s courts, military

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          courts and other special courts. The people’s courts try       Much of China’s recent infrastructure development
                                                                         – including rail networks, ports, telecommunications,
                                                                                                                                                                                NINGBO-ZHOUSHAN
          all cases publicly, except cases involving state secrets,                                                                                                             CHINA

                                                                                                                                                          10
          individual privacy or minors.                                  airports and roads – has been focused around major
                                                                                                                                       JEBAL ALI                                26.4 million TEUs
                                                                         urban centres on the east coast. When reviewing
                                                                         China’s various elements of infrastructure, including rail   DUBAI, UAE
          Under China’s constitutional structure, courts are subject
          to the supervision of the People’s Congresses (e.g.            systems, seaports, telecommunication, airports and road      15.0 million TEUs
          provincial, municipal, county) and do not exercise the         networks, it is important to understand the geographical
          power to determine the validity of laws and regulations.       vastness of China and that a predominant amount of the
          The Supreme Court also supervises the local people’s
          courts with special courts existing to handle such matters
          as maritime and military issues.
                                                                         infrastructure development is on the east coast around
                                                                         the major cities.                                                                                    3    SHENZHEN
                                                                                                                                                                                   CHINA
                                                                         Transportation has attracted about a quarter of total                                                     27.7 million TEUs

          Supreme People's Procuratorate: The highest legal              infrastructure investment, with a large component
          supervisory organ in China, reporting to the National          going into roads. This has led to China’s roads including
          People's Congress and Standing Committee. It supervises        highways and expressways expanding from 1 million

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          the activities of the other State departments and officials    kilometres in 1990 to more than 4.9 million kilometres                                                     GUANGZHOU HARBOUR

                                                                                                                                                                                                                                                          7
          as well as the power to ensure official and agencies are       today. Just over 84 per cent of China's roadways are                                                       CHINA
                                                                         paved, greater than the developed nations of Japan (81                                                                                                     HONG KONG
          in line with government rulings. This includes authority
                                                                         per cent), US (65 per cent) and Australia (43 per cent).                                                   21.9 million TEUs                                SAR CHINA
          overseeing treason, attempts to divide the country and
          other important criminal cases. It examines the cases          A National Trunk Highway System links all provincial                                                                                                         19.6 million TEUs
          after investigation by public security organs, and decides     capitals and cities with populations of more than
          on arrests and prosecutions while also supervising public      200,000. In the past five years, China has seen 1.28
          security organs, courts, prisons, reform through unions.       million km of rural roads built or renovated, with 99.24
                                                                         per cent of townships and 98.34 per cent of villages
          Infrastructure                                                 connected by asphalt or cement roads.
          Infrastructure investment in China has increased               China has in recent years significantly expanded and
          significantly in recent decades and has been a key driver      modernised its rail networks within and between its major

                                                                                                                                                                    2
          of economic growth and improved standards of living.           population centres. The biggest urban rail systems are                                           SINGAPORE
          Despite the expansion, China’s infrastructure continues        in the major cities of Beijing, Shanghai, Guangzhou and
          to develop and expand. Infrastructure development                                                                                                               36.6 million TEUs
                                                                         Shenzhen. New lines are currently under construction in
          has lagged behind what was envisaged in the Chinese            the biggest Chinese cities and other metropolitan areas
          Government’s five-year spending plan. The Chinese              along the eastern seaboard.
          Government has flagged plans to address the national
          infrastructure shortfall from 2015, accelerating 300           When it comes to inter-city high speed rail, China is a
          projects valued at RMB 7 trillion (AUD 1.28 trillion).         global leader. Its passenger-dedicated high-speed rail       * Source: World Shipping Council
          Policy makers hope this will help shore up China’s annual      network extends for 29,000 kilometres – making it the        ** TEUs: Twenty-foot equivalent units, standard cargo carrier = two TEUs
          GDP growth.                                                    biggest in the world. More lines are currently being built
                                                                         and upgraded to eventually connect all cities of more than
                                                                         500,000 people.
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