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How To Conduct Business In China. Lay Low. Make Friends. Obey The Law.

Posted in China Business, Legal News

A US based client of ours recently had me conduct a talk on how its people should conduct their business in China, from a legal perspective. I am not going to go through most of what I talked about because it is too legalistic and too tailored for this particular client and we have covered much of the rest on this blog already.

But I do want to relay what I talked about in terms of the general attitude i advised this company to have towards the law in China and towards the government which enforces the laws. 

I started off by talking about how Western companies often unwittingly find themselves under a spotlight in China and how the likelihood of that happening has seemed to increase. The Chinese media loves to be able to write about a Western company that is involved in a labor/wage issue or an environmental issue or a bribery issue or, best of all, a food safety issue. China’s vibrant blogging and micro-blogging communities love writing about these issues as well. Since the client before whom I was speaking has a fairly recognizable name, I talked of how this made it an even “juicier” target.  

I was asked what the company might do to make itself a less “juicy” target and I said that I thought the best things it could do would be to try not to stick out for anything other than the quality of its products and to make sure that the local government knew it was there and providing China jobs and to do so now, rather than when it first needs government help.

I also talked about how this company needs to realize that abiding by Chinese standards is not going to be enough. Instead, wherever possible, it should strive to abide by the same standards in China as it does in the United States. 

Way back in early 2006, I did a post where I talked about the need to avoid giving the Chinese press/public an opportunity to accuse you of lack of concern for China:

We are aware of a large Fortune 500 retail company that is opening units in China that meet or exceed the toughest United States environmental laws.  I estimate this company’s environmental sensitivity will cost them at least an additional $25,000 per unit, yet I am firmly convinced this company is doing the right thing.  This company’s actions make sense because the odds are good that China’s environmental laws and enforcement will get tougher over time, and building environmentally sound units now will almost certainly cost less than having to retrofit existing units a few years from now.  On top of this, people often get very emotional about the environment and I can see Chinese citizens getting very angry at a foreign company whose units in China are less environmentally sound than their units in the United States or elsewhere.  This is obviously even more likely to be the case if there were to be some sort of environmental disaster.

This is even more true today than then. 

What do you think?

  • john

    This is sort of China Business 101. I am sure you would agree there is way more to it than this and significantly dependent on the western Company’s market segment.

  • Hua Qiao

    Great post Dan. I think your guidance is spot on, especially the ethical building of the relationship with the local government and the community. As you have stated in the past, a reliance on personal guanxi with a select few officials is not the way to do it. An overall community outreach program is the best way to build a base of support.
    I will also say, however, that the simple act of following laws and regulations is quite a challenge and the innocent pursuit of regulatory clarification is fraught with nonresponsiveness, inconsistency and ambiguity.
    Your assertion of just “follow the laws” is not always that simple in my experience. I would love you to do a post on this issue and would be interested in what other readers have to say as well. Thanks for the consistent flow of posts. Great stuff!

  • hanmeng

    The Chinese media loves to be able to write about a Western company that is involved in a labor/wage issue or an environmental issue or a bribery issue or, best of all, a food safety issue. That’s because Western companies have so many more such problems than Chinese companies, right?

  • Anon This Time

    Agree with the above. A company which I shall not name got into significant trouble for having different standards for their Chinese vs. US products. Specifically, when Chinese bloggers found out (they actually measured a specific quality in a lab) the company was accused of “insulting Chinese” by providing “worse products for Chinese vs. their US products” and led to a significant Public Relations headache – and this happened even though the CN product met with all of the relevant CN regulations and guidelines. So that’s a real-life caution.
    A benefit of having international quality levels even if the product is made in China for Chinese consumers, is that right now after all of the Melamine and other food & product-related scandals, Chinese consumers view western products as “more trustworthy” than Chinese products. While this has always been the case, it is even more true now. I see this every day, even while living in HK, where people are coming across the border to buy milk powder to take back to China to sell for a profit. By holding their China-made products out as “up to (or exceeding) Western Standards” or such, business have a significant business opportunity as well.

  • Hua Qiao

    @ hanmeng
    Let’s see…tainted milk, tainted rice, tainted cooking oil, tainted pork, fake honey, fake vitamins, tainted fake wine, fake moutai,moldy baozi, tainted cabbage and those are just a few that come to mind.

  • http://www.starfallgamezone.com Starfall

    China’s environmental laws and enforcement will get tougher over time, and building environmentally sound units now will almost certainly cost less than having to retrofit existing units a few years from now.

  • aaa

    obeying the law in theory is the fundamental starting point, but the complexity arises from the fact that there is no separation of powers in China and administrative agencies can also make rules or regulations……. so what do you do……………