How Not To Do Business In China, Part I -- Travelling With The Government

This is actually probably part 100 of this series, but it has taken me until now to label it.

Just came across a great post by Andrew Hupert on the DiligenceChina blog, entitled, "Matchmaker, Matchmaker, Make Me a Profit."  The gist of this post is Hupert's disbelief that small businesses are still going on China business tours for old style meet and greet sessions with local government officials.   

I cringe every time one of our clients says it found its China partner on a trade mission with its local politicians.  I cringe because I know exactly what this means. 

I have a really smart client in the process of going into a business in China.  For attorney-client reasons, I cannot get specific about the business. This client has substantial international experience. China will be its third Asian country in which it will have operations.  My client spent months narrowing its choice of Chinese cities down to two.  The client's plan is to find a Chinese partner with an already built facility, and then work with that company to upgrade its product and, most importantly, market it to Western businesses, many of which are reluctant to use this product/service from/in China because of quality concerns. 

My client met with government officials in both cities to explain its plans.  Both cities strongly urged my client to partner with a particular company in their respective city that they touted as by far the best in the field.  My client met with both touted companies.  In conducting its due diligence on the various potential partners in both cities, it concluded these two were by far the worst candidates.  Both of these companies were at least five years behind the other companies in terms of technology and the buyers know it.  Buyers go to these two companies only if given deep discounts or if the other companies are too busy to handle them.  Both companies had hundreds of extra employees.  Not so coincidentally, both companies had substantial city ownership and both were "rumored" to be moneymakers for city officials. 

Hupert's post starts out by noting his having recently heard of a 2 week trade mission arranged by a major US state's small business advisory board with the declared goal of helping small and medium sized business "learn about ways to find mutually beneficial ways to participate in China's economic development:"

They are spending 2 weeks in NE China, meeting with government officials, and visiting cities like Zibo, Yantai and Weihai. They will be spending a lot of time meeting with officials from the various Special Export and Processing Zone ' and then participating in various 'matchmaking' events to find local partners. The trip starts off in Tianjin, and finishes with 2 days in Beijing ' to meet with more officials and to engage in more matchmaking.

Hupert expresses surprise "we" are "still doing this" and then asks, "have we not learned from bitter experience that this sort of guanxi-driven government sponsored meddling is going to end badly?"  The post then talks about how in the "bad old days (pre 2005), we could claim that this sort of arranged marriage was the 'least-worst' solution in a regulatory environment that required JVs and controlled access."  But with foreign businesses now allowed to form Wholly Foreign Owned Enterprises (WFOEs) and Chinese cities like Shanghai, Shenzhen, Suzhou, Hangzhou, and Beijing having emerged as "international business centers that have been pulling in cross-cultural entrepreneurs for the past decade," why do these sorts of trips persist? 

Mincing no words, Hupert then expresses his view of forming business relationships based on such a trip: 

I have lived in China for 5 years, speak reasonable Chinese and have achieved a certain familiarity with the Chinese operating environment. There's NO WAY I would advice a client to start his China business by entering into a JV with a local Zibo company that was arranged by the local government.

Looking on the bright side, Hupert then remarks that such trips do not "end in tears for everyone" as "a lot of new Chinese JV partners in NE China will be laughing all the way to bank brokerage within 6 months."  I would add that the politicians who go on these all expense paid trips likely will not ever spill a tear over them either.

Serious Question: What gives someone the idea that the mayor of Peoria, working with the mayor of Zibo, should be the conduit for finding them a business partner in China?   

Comments (10)

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Chris Carr - May 12, 2007 8:13 AM

Great post, Dan.

I would not beat up on the government folks in China or the US too much.

I think most of these folks mean well, they just don't get out much to see how and why the world has changed and passed their business model by due to the nature of their jobs, organizational structure and culture, incentives for performance, etc.

I speak from "some" experience ... I work for a a government entity called a university. I have also had more then few conversations with Chinese universities re possible partnerships.

nanheyangrouchuan - May 12, 2007 8:34 AM

And the more companies from a US/European locality that get suckered, er, participate in a JV, the more junkets to China (and KTV girls) the western politicians get to experience.

And forget about Beijing's regulations. The mountains are high and the emporer is far away, so if you have a problem with the local and provincial governments, you can write out your petition and go stand in line with the middle aged and elderly once you arrive in Beijing.

LaoLao - May 12, 2007 11:21 PM

Nice post Dan. You said this was One of 100 in a series. I think it should be more like 1 of 10000 in a series.

My opinion, is that the two pathways of entry in China do not have to be mutually exclusive.

I don't know the details of this particular client, but I can share some insight.

Let's say I want to do business in a particular geographic area, based upon a certain demograhic or raw material supplier, or shipping infrastructure. Since you mention the NE, I must presume it is a highway/port type reason the client is locating there. Tianjin.
If the Goverment Leadership of Zibo is offering two prospective option for a partner, and both are obviously below par, what do you do?

My advice? You join with the Zibo gov't in a management plan, outside of your WFOE. Yes, you tell them you ARE going to start the WFOE, but at the same time you charge them a consulting fee (on paper) to help them improve/advance those factories. In actuality, the sub-par factories may or may not ever advance.

Howver, if you are going to do business in "their neighborhood" trust me when I tell you this. The gov't reallt, truly doesn't care about your partnering with those companies for your profit. Though not opposed to win-win (the bear living in Sichuan Zoo), it is not their priority.

If your client thinks that some scolarships and some computers for the local elementary school are good examples of " corporate community", then they are a little of the mark.

The sole priority for "honest" gov't leaders in China is to make there SOE's profitable, with the infusion of new technolgy.

You can have the best of both worlds.

LaoLao - May 12, 2007 11:23 PM

The spelling, as always, is horrendous. My apologies.

Joseph Wang - May 13, 2007 8:11 AM

The main concern of local officials in China (just like local officials in the United States) is economic development in their area. The main concern of the mayor of Zibo is likely trying to keep a local factory afloat so that he doesn't have to deal with hundreds of people angry at losing their jobs, and to show good economic growth numbers so he has a shot at promotion. He doesn't care about making a profit for you company (why should he? it's your company), but he has his own agenda, and most of the items on that agenda are understandable.

The other point is that airplane tickets are cheap, and it is really impossible to transact any real business without physically being present. Personally, I think it is vitally important that ordinary people and Utah legislators visit China so that they can come up with their own impressions of what is happening there (just as I think it is important for people in the Yunnan provincial legislature to visit the United States). It's also important to prevent stereotypes from forming to view a wide variety of people.

(And there is a damned if you do and damned if you don't aspect of it. If the trip *wasn't* paid from state funds and rather by businesses, then people would (correctly) complain about lobbyist influence. Also Liaoning is not on my list of junket destinations.)

As far as the mayor of Peoria and the mayor of Zibo doing business, business contacts and networks come from the most unexpected places. I do suspect that if you have the mayor of Peoria and Zibo talking with each other, you'll find that they have a huge amount in common (like a common interest in attracting foreign investment to keep an old decaying factory afloat.)

China Law Blog - May 13, 2007 10:30 AM

Chris Carr --

Ah, Universities. The only institution known to man that is even more clueless than government. At least government has to answer to somebody. My father is a retired college professor and he always use to say that we should count ourselves lucky that professors are so out of touch they cannot even get themselves elected.

So why should I play nice on this?

China Law Blog - May 13, 2007 10:31 AM

nh --

Yes, and ....

China Law Blog - May 13, 2007 10:33 AM

LaoLao --

This will be one of a thousand, assuming I last that long.

I like and agree with your strategy.

Did not even notice the spelling. Truly.

China Law Blog - May 13, 2007 10:35 AM

Joseph Wang --

I do not dispute a thing you are saying, but I am of the strong view that SMEs doing business in China should focus on doing business in China, not on doing politics. One does not go to the mayor of Peoria to ask him who to use to help you build a generator.

China Law Blog - May 14, 2007 11:38 PM

Adam Livermore --

What is the benefit of going on such a tour with a U.S. mayor or governor than with a consultant who has lived China for the last ten years? I can tell you that I would be much quicker to send a client interested in Harbin to you than to the mayor of any American city. Am I wrong in this?

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