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Presentation in Latvia June 01, 2012 A project funded by the European Union

The EU SME Centre - LIAA · 2014-10-02 · Compliance ” Four levels of ... Stating termination, liability Exclusivity clause Governing law Method of dispute settlement ... Register

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Presentation in Latvia

June 01, 2012

A project funded by the European Union

Today’s presentation

The EU SME Centre

Market opportunities: Is China on your

radar?

Market access:

• Challenges

• Investing in China

• Standards and conformity assessment

• Finding and knowing your partner

The EU SME Centre

Purpose and expertise

Support EU SMEs to establish, develop and

maintain commercial activities in the Chinese

market

Free, confidential information and advice, and

practical support services

An office in Beijing with an experienced multi-

cultural team of 15 persons

Four main areas of expertise

Business

Development

• Practical

information &

advice on:

Market

(challenges,

opportunities,...)

Strategy

Business plan

Marketing

Legal

• Practical legal

information &

advice (initial

consultation)

• All legal topics

except IPR

(cooperation with

the China IPR

SME Helpdesk)

Standards

• Practical

information &

advice on:

Chinese

standards and

marks

Conformity

assessment

procedures

Labelling

Human

Resources

• Practical

information &

advice on:

Recruitment

Retainment

Labour costs

Intercultural

management

issues

Enquiries

Find the answers for all of your questions!

How do I set a WOFE ?

What are the labour costs and taxes?

What are the standards to import my products?

Knowledge Centre: Publications

Access latest and essential information on China for free on our website through 50+ Documentations.

Other services

Access to contacts and information databases, including:

• Documentation

• Service providers

• Exhibitions

Hot-desks: free, temporary office space in the EU SME

Centre to explore local business opportunities

Market Access Services

Online Portal

The website aims to be a

valuable source of practical

information for professionals,

companies and trade promotion

agencies developing commercial

activities in China.

Registration is free and allows

users to access the

Knowledge Centre

Ask-the-expert service

Hot-desking service

www.eusmecentre.org.cn

Is China on your radar?

China on the radar?

24 million SMEs in the EU

13% of EU27 SMEs export

beyond internal market

Only 250,000 SMEs export to

China

It should be…

China, the EU and Latvia

Source: World Bank 2010, IMF 2011

China EU27 Latvia

country area (square

km) 9.6 million 4.3 million 64 thousand

population 1,338 million 502 million 2.2 million

GDP (nom) USD 7,298 billion 17,577 billion 28 billion

GDP per capita (nom)

USD 5,414 35,116 12,671

150 times the size of Latvia with 608 times the population.

How things have changed

400 million people lifted out of

poverty in the last 30 years

China has led GDP growth since

1980’s

Before people wanted bikes,

watches and knitting machines

Now they want cars, houses and

computers

Drivers: Urbanisation

Urbanisation of China’s

population: 49.7% now

live in cities, compared

with just ~20% in 1982.

From 2010 to 2025, 300

million Chinese now

living in rural areas will

move into cities.

Source: Ministry of Housing and Urban-Rural Development

More people with money to spend

777 875 1010

1238

1663 1814

2006

2635.6

0

500

1000

1500

2000

2500

3000

2004 2005 2006 2007 2008 2009 2010 2011

Annual per capita Disposable Income of Urban Households in China (EURO)

Source UKTI: Discovering high Growth McKinsey, Meet the 2020 Chinese consumer

Per capita disposable income of urban consumers will reach EUR 6,000 by 2020. That will be close to the current standard of living in South Korea but still a long way from that in developed countries.

China’s regional cities

Source: Opportunities for UK Business in China’s Regional Cities, 2011

The Chinese cities exhibiting the largest market size and potential are still to be found predominantly in the Eastern provinces.

China’s thriving cities

Sources: China Statistical Yearbook 2011, Chongqing statistical yearbook 2011, National Bureau of statistics, Ministry of Land and Resources

Shanghai Chongqing Wuhan Changsha

Area (1000 square km) 6.3 82.4 8.5 11.8

population (million) 23.03 28.85 10.02 7.04

GDP (billion USD) 270.5 124.9 87.7 88.5

GDP per capita (USD) 13,012 4,329 8,967 12,534

1.00 CNY = 0.157611 USD

Increasing interconnectivity

The development of high speed rail is connecting “City Clusters”.

China plans to increase the high speed railroad network to 25,000 km by 2020.

Source: Opportunities for UK Business in China’s Regional Cities, 2011. http://gz.focus.cn/news/2011-02-05/1185627.html

What does this all mean?

11.7 million passenger cars sold in 2010,

making China the world largest auto market

1.8 billion tonnes of cement consumption in

2010, accounting for more than half of the total

world consumption

859 million mobile phone users, making China

the largest phone market in the world.

The second largest online retail market in terms

of value after the US

The world’s largest market for luxury goods by

the end of the decade.

Source UKTI: From Surviving to Thriving; McKinsey China Consumer Spending Survey 2011; CLSA Dipped in Gold: Luxury Lifestyles in China/HK; www.worldcoal.org/coal/uses-of-coal/

Key opportunity drivers

Consumer demand

• Food and beverages

• Clothing

Environmental

• Air monitoring systems

• Green building

• Water treatment

• Biogas plants

• Energy efficient devices

Productivity • Machinery

• ICT

Stavus

Mining cars

Environnement SA

Air monitoring systems

Taste Spain

Spanish food and wine

Cases

Competitive Advantage Advanced Tech Know How Relationships

Getting to know the market

Don’t take China as one market: significant differences exist between

east and west, cities and countryside…

A lot of documentation is available: Chambers, EU SME Centre

documentation library, McKinsey, Business Monitor international etc.

Participate in exhibitions and conferences to get a first feel of the

market in your sector.

Be cautious, not all sources of information are equally trustworthy,

Crosscheck your findings.

Market Access…

Is it that easy?

Challenges

Source: Opportunities for UK Business in China’s Regional Cities, 2011

Investing in China

Selecting the right vehicle

Regulatory environment China’s Foreign Investment Industrial Catalogue sets

out the encouraged, permitted, restricted and prohibited

activities and sectors

Automotive and telecom industries are examples of

industries that require foreign invested enterprises to have

local partners.

Business needs Invoice and settlement in RMB

Hiring local personnel

Setting up independent distribution channel

Manufacturing locally

WFOE EJV RO

Separate legal entity? Yes Yes No

Capital contribution Yes Yes No

Business activities

Conducting business transactions

according to the business scope

approved by the authority

Conducting business transactions

according to the business scope

approved by the authority

Acting as liaison office (market

research, marketing and liaison

activities, etc.)

Management control Complete managerial and

operational control

Subject to contract and

proportion of ownership;

unanimous board resolutions on

certain matters necessary

-

Profit-sharing

As set out in articles of

association or shareholder’s

agreement

In proportion to equity

contribution -

Ease of setup Approvals can take time Negotiations and approvals

could take time Relatively straight forward

Intellectual property Have control IP and confidential information

potentially at risk Have control

Taxation

CIT 25% on profit; Business tax

or VAT according to the business

scope

CIT 25% on profit; Business tax

or VAT according to the business

scope

Taxed on expenses (approx..

15%)

FDI by Vehicle Type

Source: PRC Ministry of Commerce (MOFCOM)

Standards and conformity

assessment

Snapshot on Standards

Standards outlines the legal requirements for products on the Chinese market

Conformity assessment is carried out by a laboratory testing the product

Most products entering China are covered by mandatory certification

Compliance testing is required before the product is allowed to enter China Testing can only be carried out at designated laboratories

Opposite approach from EU’s ”Presumption of Compliance”

Four levels of standards

Standards Administration (SAC)

Ministries

China Inspection and

Quarantine Services (CIQ)

Local companies

Voluntary GB Stand.

22,931

Mandatory GB Stand.

3,111

Different authorities!

The Path

EU

Manufacturer

Chinese

Market

Access

Scheme

Compulsory

Certification

/Registration

Identify

Chinese

Standards

Commodity

Inspection

Conformity

Assessment

/ Testing

CHINA

What are the legal requirements?

Does it require certification, mandatory marking, registration, all of them?

Where do I find the technical requirements?

Where do I have to do the conformity assessment?

Which test methods will they use?

General Remarks

Getting into the Chinese market for the first time is a very complex and cumbersome administrative process. - Investing time in making the first time successful is a good strategy to avoid redoing the administrative process and delay the time to market

First time applicants should get assistance from professional service provider. Spend time finding the right service provider and learn about the process for future occasions - Making experience with the Chinese market

Language is one of the main barriers to product certification - In-house language capabilities is an asset

Finding partners

Finding Partners

Exhibitions • Conferences

• Fairs

Chambers of

Commerce

• Membership

• Networking events

Online

• Industry platforms

• Directories

Know Your Partner

On Business licence make sure to always verify:

Company name

Business scope

Legal representative

Shareholder, registered capital

Term of operation, annual check

All information can be checked at AIC branch or on AIC websites

In China, the Company Stamp equals to company signature

Ask whether the office premises are legally owned or rented

Know Your Partner

Contracts in China are less formal but some important provisions should

be insisted upon:

Parties identifications (must be in line with the business licence in

Chinese)

Specification of the goods and/or services, product quality

Stating payment terms, delivery conditions

Stating termination, liability

Exclusivity clause

Governing law

Method of dispute settlement

Equip yourselves with Chinese Legal Advice

Get all legal documents translated by a lawyer

Know Your Partner:

Financial and Operational

Before choosing your business partner ensure it provides:

A Creditworthiness Letter - both for the company and its shareholder(s) Financial statements and audit reports – can be asked at the State

Administration of Industry and Commerce (local branch) And personally: Pay a visit at the company's premises – go a few times, sometimes

unannounced

Talk to suppliers, neighbours, employees

Do your due diligence!

“Far too many companies go to China and make the same mistakes a thousand others have made because they’re lazy and cheap. They don’t bother to invest the time and resources necessary to do even the most basic due diligence on China and they end up wasting far more money in costly mistakes.”

China Uncovered, 2010 - Professor Jonathan Story

In conclusion

China on the radar?

China should be on your radar

But it is a tough market to do

business in

Before you go:

Carry out further market research

Carry out due diligence Check which standards and

conformity assessment requirements apply to your product

Register your IPR… Contact the EU SME Centre

IPR SME Helpdesk Enquiry Helpline

Research/Publication

Business tools

Training/Workshop

Website

IPR SME Helpdesk Contact:

Telephone: +86 (10) 8527 6922

Email: [email protected]

Online: www.china-iprhelpdesk.eu

Project implemented by: