Archive for the ‘Business in China’

Intellectual Property Protection In China03.25.08

Intellectual Property Protection In China by Jakedanger

If imitation is indeed the sincerest form of flattery, then the Chinese can be very sincere flatterers indeed. But if you prefer prosperity over flattery it would be wise to take precautions against losing your shirt (or at least the rights to it) in one of the world’s most dangerous IP jungles. It isn’t that the legal regime is deficient – it’s enforcement that’s lacking. For the present at least, China is a net importer of intellectual property. A relatively lawless IP environment is advantageous to China’s short-term interests, just as a strictly enforced IP environment suits the interests of net IP exporters such as the United States. This issue has been constant irritant in relations between China and Western nations, as well as Japan. Nevertheless, China’s enforcement of intellectual property has steadily improved in recent years.

Protecting intellectual property (IP) in China requires a multi-pronged strategy including registration, workplace security, employee contracts, commercial contracts and enforcement.

Registrations

China’s IP registration regimes are more or less consistent with international standards.

Trademarks - are protected on a first-to-file basis, with an exception for well-known trademarks. Do not rely on the “well-known” exception, however (unless you are Coca-Cola), because whether a particular trademark is “well-known” or not is a time-consuming argument that keeps IP lawyers in business all over the world. If a trademark uses words, the Chinese language equivalent should also be registered.

China has adopted the international Classification of Goods and Services under the Nice Agreement, and has also adopted the international registration regime under the Madrid system.

FIE Business Names – must be in Chinese and registered with the local Administration of Industry and Commerce before an application to set up a Foreign Invested Enterprise can be submitted (see this site’s Company Startup Guide for details on company name registration). Since China does not have a national register of business names, registrations are valid only within a particular locality (and an FIE business name cannot be registered in any location except its location of establishment). Trademark registrations offer better protection in this respect.

Patents & Designs - are protected on a first-to-file basis. China is a member of the Paris Convention, so filings in a member country within applicable time limits can also gain priority in China. More ominously, compulsory licenses may be granted (i) to qualified enterprises if the owner of the patent fails to license the patent on reasonable terms, and (ii) in the event of a national emergency. Because of this, many foreign companies do not register patents for sensitive technology in China. See Technology Transfers and Licensing for related information.

Copyrights - Copyrighted material may be registered with the China National Copyright Administration. As in the United States, copyrights are not granted on a first-to-file basis. Registration does serves as useful evidence of ownership of a copyrighted work, but it is not a legal precondition to enforcement.

Software – is considered copyrighted material and may be registered with the China National Copyright Administration. Registration requires the filing of source code (with some code blacked out). As a consequence, many foreign companies refuse to register their software in China.

Domain Names - are protected on a “first-to-file” basis. A foreign company
must have an FIE or Representative Office in order to register a “.cn” domain name in China.

Workplace Security

It is strongly advised to create a “plumbing” system to control IP leakage in the workplace.

IT systems and any hard copies of IP should be kept in an access-restricted, secure location.

Confidential information should be distributed on a strict “need to know” basis.

Confidential material should be marked “Confidential Information” in Chinese in anticipation of possible litigation in Chinese courts.

Employees

Independently investigate the reputation and trustworthiness of applicants for sensitive positions during the recruitment process.

Labor contracts should be prepared carefully. You should consider including the following in all labor contracts:

Confidentiality obligations

Non-compete clauses - Post-termination non-competition clauses should be limited to a reasonable geographic area and time limit. Compensation is also required to be paid during the period of non-competition.

Assignment – Although China recognizes the work-for-hire principle, the labor contract should clearly assign ownership of intellectual property created in the course of employment; otherwise IP rights may prove practically impossible to enforce against an employee who creates an IP-related work for hire.

Product Selection

Despite the additional tax breaks and incentives available, think carefully before manufacturing products that require new and sensitive technology in China. Components requiring new and sensitive technology may be imported into China in a secure manner for integration with the rest of the product.

Commercial Contracts

Since many commercial arrangements, even sourcing materials and components, can necessitate an exchange of intellectual property, adequate protections should be included in the contracts and associated documentation.

Administrative Enforcement Action

Various government organs have the power to take administrative action against IP infringers:

National Copyright Administration - The NCA is the “big gun” of the Chinese IP enforcement arsenal and is endowed with broad enforcement powers. They may order cessation of the infringing activities, confiscate illegal income, confiscate and destroy illegal copies, and impose fines.

State Administration of Industry and Commerce - The SAIC and its local AICs have a reputation for efficient trademark enforcement action, including investigations and raids. The SAIC also handles disputes regarding business names, registered trademarks, trade secrets, and passing off activities.

Customs - may confiscate products that infringe trademarks, copyrights and patents.

China Patent Office - may help with patent enforcement through investigation, mediation and raids.

General Administration of Quality Supervision, Inspection and Quarantine - may get involved if product quality and health issues are at issue.

Administrative enforcement is a relatively inexpensive and efficient alternative to litigation, and it is easier to win a conviction.

Litigation

If administrative action fails to bring the desired result, litigation may have to be resorted to. Chinese courts can issue injunctions and award damages, although in practice their enforcement powers are typically weaker than in Western nations.

Criminal Prosecution

Criminal liability, including imprisonment, can be imposed for IP violations, although successful prosecutions are rare. Financial thresholds that must be met before criminal liability can be assessed can be difficult to prove. These thresholds include:

RMB50,000 turnover for knowingly selling goods with counterfeit registered trademarks

RMB50,000 turnover or RMB30,000 profits if trademarks are applied to goods without authorization

International Enforcement

Products that infringe intellectual property rights can be interdicted by customs at the destination port. It is also possible to seize the overseas assets of infringers located in China.

Technology Transfers and Licensing

Foreign investors often license technology and intellectual property such as trademarks, patents, copyrighted material and trademarks to the FIEs they invest in. A foreign party may also license technology to unaffiliated Chinese companies, such as in manufacturing or management contracts. Unlike joint venture contracts, licensing contracts can be governed by foreign law.

Proper licensing will help the foreign party control its technology and secure the payment of royalties (registration is required for the latter). Only the brave, however, will dare to license sensitive technology to an entity which the foreign party does not control.

Technology transfers are understandably less common than licensing and are usually used as part of the foreign investor’s contribution of technology to a Foreign Invested Enterprise as Registered Capital.

Technology Restrictions

Chinese foreign trade law recognizes three categories of technology: Permitted, Restricted, and Prohibited. These are contained in a catalogue that lists specific technologies.

Permitted technology is simply technology which has not been classified as Restricted or Prohibited.

Restricted technology may not be imported without a license, and is generally related to the chemical, petrochemical, biochemical, biological, and petroleum refining industries.

Prohibited Technology is technology that is considered to endanger national security, the public interest, or public morals by placing people’s lives or health at risk or destroying the environment.

Paperwork

A license for restricted technology must be approved by and registered with the Commission of Foreign Trade and Economic Cooperation (COFTEC). COFTEC will adjudicate a license application within 30 days. Licensing contracts for Restricted technology are effective only after COFTEC issues the corresponding Technology Import License.

Prohibited technology may not be brought into China.

Certain types of Permitted technology, while not subject to licensing requirements, are still subject to filing with COFTEC.

Technology transfers relating to certain major projects must be registered with and approved by the Ministry of Commerce. Trademark licenses must be filed with the
China Trademark Office within three months of execution in order to remit royalties out of China. Foreign trademarks must be recorded at the China Trademark Office in order to remit royalties out of China. Trademark recordation takes about a year and a half.

Improvements

A foreign company may not prohibit a licensee from improving the licensed
Technology, and these improvements become the property of the improver.

Technology as FIE Capital Contributions

Technology may be contributed as part of an FIE’s Registered Capital; however, the FIE will then become the owner of the technology and the foreign contributor will have to license the technology from the FIE if it wants to use it.

Technology contributed as capital is required to be appraised upon importation and should also be appraised by the Ministry of Commerce or the relevant local COFTEC as soon as the FIE is approved.

Since the Company Law requires 30% of the Registered Capital of an FIE to be contributed in currency (20% of the initial installment of Registered Capital), it follows that alternative forms of contribution, including technology, cannot total more than 70% and 80%, respectively.

David Carnes is licensed to practice law in California. He speaks and reads Mandarin Chinese and has several years experience working with Chinese law firms and Sino-American joint ventures. His website is called China Legal Bulletin.

Article Source: Altrana.com

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The Mission Of The China Europe International Business School03.24.08

The Mission Of The China Europe International Business School by

With a mission to support the countrys economic development, the China Europe International Business School (CEIBS) aims to further its citizens integration into the global market. They are targeting to prepare highly- competent and continentally- oriented individuals who will be working in its own environment but still adapting to the driving forces of the outside world.

China Europe International Business School (CEIBS) was established on November 8, 1994 in Shanghai. It is specifically located in Pudong that also holds office in Beijing and Shenzhen. It is also a non- stock, non- profit joint venture founded under the agreement between European Commission and Ministry on Foreign Trade & Cooperation.

Receiving pecuniary support from the Municipal Government of Shanghai and the European Union, China Europe International Business School (CEIBS) partners are Shanghai Jiaotong University and European Foundation for Management Development. Both makes the institution a center of excellence in business management education as well as research within Asia.

Not only has it earned excellent reputation as the prime professional management institution in its country, China Europe International Business School (CEIBS) is also one of the highest- ranking in the Asian- Pacific Region. Each year, it has close to a hundred visiting faculty that provides a genuine multinational education and superb research atmosphere.

CEIBS grants further studies in Business Administration be it Masters or Executive
* Its Masters curriculum has been cited as the number one in Asia for three consecutive years. Full- time course to be taken in 18 months, it is taught in English and designed for the young people with career inspiration, managerial potential and international orientation that will equip them to take the corporate challenges in the future.

Currently, it has a network of over 4, 000 alumni with an elite population of about 300 from over 20 nations.
* Its Executive curriculum is said to be the gymnasium of the mind. They believe that the best manner to understand domestic commerce culture is through immersion. Financial Times magazine even ranked them among the worlds top 50 EMBA programs for half a decade already. It has continually attracted an increasing number of emigrants across Europe and America. Their classes commence every March with about 60 persons in a single class.

For those who are interested to enroll, candidates should have a bachelors degree or above. They should also have a minimum of eight years working experience including five years in a managerial level. The written examination should be complied first and those who can pass will attend to the scheduled interview.

For more articles and information or to view a selection of business articles and information and ecommerce articles and information visit Articles.net.au - Your source for free Articles, Information and Website Content.

Article Source: Altrana.com

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China property investment - where there are planes there is money03.18.08

China property investment where there are planes there is money by Nicholas Marr

Copyright 2006 Nicholas Marr

The Chinese real estate industry is about to boom .Foreign investors are encouraged to invest in China and are protected by law. The costs associated with buying property in China are low at only 4.5%, much lower than many European countries .Personal assets and properties are recognised and protected by new Chinese law

China economic growth

The fastest growing economy in the World with GDP growth at 9% p.a. for 21 years. (World Bank)

Incomes in urban China are up an average of 8% a year since 1998. (Business Week)

The government is committed to maintain just above but no less than 7% GDP growth p.a. till 2020.

Foreign Direct Investment increases at 26% p.a. for last 14 years. (US-China Business Council).

Host of 2008 Olympic Game, 2010 World Expo, and many more international events.

Experienced overseas property buyers all know the positive benefits a new airport can have on a region. Some analysts state that property prices can rise by as much as 25% when a location becomes more accessible. Imagine as an investor how you would feel buying property in an emerging market that has poor communications. The news of the construction or expansion of the airports would have you jumping for joy. That is exactly what is taking place in China today.

China is about to make property investors very happy people. According to the China Aviation Administration China (CAAC) Chinese airports handled 240 million passengers in 2004. This is a rise of 38.8% from the previous year. The CAAC estimate that by 2010 Chinas airports will handle 500 million passengers. China airports are set to handle this rise in capacity with a series of expansion projects already underway. Beijing Capital International Airport is expanding with a third passenger terminal. The brand new terminal will be finished before the 2008 Olympics and will be able to handle 60 million passengers. Baiyun International Airport has already received the Chinese expansion treatment. Shanghai’s Pudong airport is receiving a second terminal with more planned in the future. The Xianyang International Airport in Shaanxi has ambitious plans for a new runway and terminal.

China investment property

Those who are considering investment in the region must surely view these infrastructure improvements in a positive light. The Chinese real estate industry is about to boom. Foreign investors are encouraged to invest in China and are protected by law. The costs associated with buying property in China are low at only 4.5%, much lower than many European countries. Personal assets and properties are recognised and protected by new Chinese law.

So where’s there are planes there is money!

Nicholas Marr is clearly an observer of life and front row spectator of the events in the overseas property market. A lifetime property investor his UK based company Marr International owns one of the fastest growing overseas property websites in Europe. What ever the subject they will always be informative and will hold your interest. Bravo to freedom of speech. His company runs http://www.homesgofast.com

Article Source: Add-Articles.com

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How Will Chinas Energy Needs Affect the US03.15.08

How-Will-Chinas-Energy-Needs-Affect-the-US by Alanna Vitucci

The Awakening of Beijing.

In his recent article The Integration of Giants Into the Global Economy, Gary Saxonhouse argues that China’s needs could create “potentially destabilizing demands for energy products.” Growth of such demand could easily cause the price of a barrel of crude oil to increase beyond its current rate of over $60 – which is triple its average cost during the 1990s.

Continued energy price spikes could well send shockwaves throughout the US economy, as the average consumer is not immune to ever-increasing hikes at the pump – especially given American demand for gas-guzzling SUVs over the past decade. Nor is the country’s public transportation infrastructure as progressive and developed as Europe’s – and able to accommodate a fundamental shift in our commuting model.

Oil – the Economic Snowball

What we learned in the aftermath of Hurricane Katrina is that when supplies tighten and demand remains the same, the price of a gallon of gasoline is sure to rise. And, as increased gas prices eat up more of consumers’ wages, there is less disposable income for other goods. When the higher cost of home heating oil is factored into the equation, it becomes a double whammy. This is the beginning of a downward economic spiral.

As companies across the country see a drop in consumer spending, their own performance declines correspondingly. Nor are consumers the only demographic impacted by higher gasoline prices. In the United States a significant amount of consumer goods are transported long distances by highway, rail and airfreight. Increases in these transportation costs in turn drive the cost of consumer goods up. The net result is that the average American has less money to spend, and the price of items is more expensive.

As the effect snowballs, many retail and production companies’ performance would begin to suffer. Forcing them to cut their expenses in order to meet earnings expectations, the most fluid of which is labor. And on it goes.

Energy Independence Is the Solution

During President Bush’s 2006 State of the Union address, he spoke of our need to limit foreign oil requirements. However, drilling in ANWAR and prospecting other sources of fossil fuels in the lower 48, is not the solution. A tremendous amount of research as been conducted over the past several decades on alternative fuel sources such as hydro, wind and bio fuels. The momentum to integrate these technologies has stalled though, given the tremendous sway that traditional energy companies and Detroit have in Washington. They have positioned these opportunities as economically unviable and destructive to the American economy. The argument can be made though that by developing and mainstreaming these solutions, we can gain a greater measure of energy independence as well as grow our economy by selling these solutions to developing nations across the world who lack natural reserves of fossil fuels and the economic where-with-all to purchase their energy supplies on the open market.

Alanna Vitucci is a contributing author to
Kilowattage.com; an alternative energy
blog and directory that is part of the Got-Zip
Site Network
.

Alanna is also the President of Cactus Blossom Communications, a full-service
marketing communications firm located in Ft. McDowell, Arizona. She can be
contacted via her Off the Grid column on Kilowattage.com.

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Cultural Values in China and its Implications in Business03.12.08

Cultural-Values-in-China-and-its-Implications-in-Business by Eric Castro

China business networks are sustained by cultural values and traditions from China. When these values disappear, the networks will collapse. Trust, reciprocity, face, time, harmony, hierarchy, power distance, long-term orientation has been identified as the key cultural values from China.

These cultural values from China are the main representations of the seven core rituals of Confucianism: Benevolence, Harmony, Midway, Forbearance, Filial Piety, Trust and Cautious Words.

Trust/Mistrust

In China, chronic suspicion prevails. China people ‘appear to be quite suspicious and cold towards strangers with whom relationships have not been established’. Nobody could be trusted except one’s kinfolk in the form of the extended family. As China people do not trust outsiders, a social network consisting of family members, relatives, friends, classmates, colleagues etc is the immediate sphere on which trust can be established, reciprocated and developed. Such an obsession with trust is caused by another, often neglected, phenomenon in China, dishonesty. In business transactions, a great deal of adulteration of goods is practiced, for example, weights and measures are juggled. To protect one’s interest and ensure that opportunistic behaviors such as cheating are kept to a minimum, trust must be established before any serious business relationship can be cemented. Trust-based ‘guanxiwang’ is the alternative to the market, which is often driven by opportunistic behaviors.

Not coincidentally; for both transaction cost theory and network theory, trust has been also regarded as a critical component of the network (Thorelli 1986; Jarillo 1988; Williamson 1988). Williamson advocates that exchange relationships based on personal trust will survive greater stress and display greater adaptability. Thorelli observes that trust in Oriental cultures may even take the place of contractual arrangements.

Face, Hierarchy and Power Distance

Face is a concept of central importance because of its pervasive influence in interpersonal relations among Chinese. Chinese face can be classified into two types, ‘lian’and ‘mian-zi’. ‘Lian’ represents the confidence of society in the integrity of ego’s moral character, loss of which makes it impossible for him to function properly within the community, while ‘mian-zi’ stands for the kind of prestige that is emphasized, a reputation achieved through getting on in life, through success and ostentation’. When ‘lian’ is lost, the person will feel that he/she can no longer live in the world.

Loss of ‘lian’ within a guanxiwang as a consequence of opportunistic behavior means that peers will no longer have confidence in the persons or firms concerned. As a result, their membership within a ‘guanxiwang’ and in society will be untenable. Therefore, face can be another hostage which minimizes the possibility of opportunistic behavior within a guanxiwang. This is another reason why ‘guanxiwang’ cannot merely survive but can also develop in mainland China and overseas Chinese communities.

‘Mian-zi’ can also be used to form new guanxiwang. One of Confucius’ virtues is to respect authority and the elderly. Someone with authority, often elderly and with a good reputation, can ask favours of others. The person may act as a common agent to start a new exchange relationship. Favours can also be asked between friends. It is an accepted norm that as ‘old friends’ one should give face to the other when favour is requested. Once again, it has been shown that the cultural values from China such as face, hierarchy and power distance are closely related to the creation and development of the business network.

This article was researched and produced by Posicionarte for China Trading Company , 2007

Usefull China Trading and Yiwu Market Resources

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The Business Card in China03.11.08

The-Business-Card-in-China by Eric Castro

When you go on a business trip one of the most important things to bring with you are your personal business cards. In China your business card is very important . Doesn’t matter if you go to a trade show, a meeting or even a local bar. Networking in China is a very necessary activity and you need to be prepared.

So to be prepared for your next business trip to China here are some guidelines:

  1. Have your business cards translated into Chinese.

    It is understandable to see executives go to China with English only cards or even in their own home country language.

    Of course a complete translation it is not needed, but make sure you cover the major fields as telephone, email, fax, etc. If your company doesn’t have a Chinese name do not be so concerned. But try to get some translations of how your company name will be and things related.

  2. When exchanging business cards, always use the thumbs and index finger of both hands to hand the card to your counterpart.

    Be sure that when you hand in your card the translated side is facing your counterpart so that they can easily take the card and read all your information.

    Chinese executives, especially ones that are your counterparts, take this step very seriously and will spend time reviewing the card once again. For companies that have chosen Chinese names or translated it, take care in doing it. Many times, overseas companies chose characters that allow for a near phonetic sound of the English name to be recognizable in Chinese.

    If you want to be perfect and do not commit any mistakes you can hire a large PR firm who specializes in PR, branding and media. This money you spend in this will build a very good platform in China, that can convert into a multimillion dollar business.

  3. Spend some time in reviewing the cards that are handed to you, and keep track of who is whom.

    In China a sign of respect is to study the card and look serious this will be a good first step to building stronger relationships in the future. Of course at a trade show, it may not be possible to spend a lot of time on each card, but make sure and spend the time for those executives that you know will matter in the future.

    Be prepared and ask how to pronounce the names of your counterparts it is a good advice if you can study how are written and pronounced some common Chinese surnames. That will be a plus in your visit, and a great first impression.

    At a dinner or a banquet, put the cards in order around the table, this is a way to remind oneself of those sitting around the table.

Have in mind these basic guidelines when receiving and giving business cards to your counterparts in China.

This article was researched and produced by Posicionarte for China Trading Company , 2007

Usefull China Trading and Yiwu Market Resources

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Business in China - Advices03.10.08

Business-in-China-Advice by Eric Castro

When you are doing any kind of business in China such as trading with China and you are having appointments in China, you should pay attention to the following:

  • China is a highly regulated economy, make sure you know the proper procedures, rules, regulations and protocols.
  • Personal relationships or “Guanxi” are crucial to business success in China.
  • Introductions should be arranged through the right channels. Chinese business people are unlikely to meet with “strangers”.
  • It is assumed that you will be punctual to meetings, if not early.
  • Custom dictates formality in business meetings. The senior member of the group should enter the room first and sit at the center of the table. The senior member of each group usually guides the discussions.
  • A significant component of business is conducted after hours through banquets and entertaining.
  • Small gifts are welcomed as mementos of your visit.

Helpful Advices in Mainland China

Some joint ventures in the People’s Republic of China collapse because the two sides fail to understand one another. Even basic assumptions in international business circles such as the finality of a signed contract are subject to differing interpretations by people from China . All parties expecting to do business in China should secure the services of skilled translators and negotiators.

Business is conducted at a slow pace. People from China value patience more than punctuality, so negotiators should allow more time than they normally would in most other countries. Social activities, particularly banquets and sightseeing excursions, are part of the business day. Accepting this hospitality may not enhance your business position, but rejecting it will certainly harm it. Personal contact is an integral part of business negotiations in China.

Be extremely cautious when commenting on the country or government, even though there may be changes taking place. And despite relaxing attitudes, never refer to Taiwan as a country (both governments in China and Taiwan regard Taiwan as an integral part of China ).

Ignore apparent rudeness in the streets and markets as most people from China do; it is a mark of disinterest more than anything else. Patience and grace will win respect faster than showing irritation or arguing.

Chinese traditionally list their surnames first. In China , where the pinyin system of Romanization is used, the given name is written as one word: for example, Zhou Enlai. The polite form of address follows the surname: for a man it is Xiansheng (Mr.); for a woman it is Furen (Mrs.) or Xiaojie (Miss). Ordinary Chinese often address one another as Tongzhi (comrade).

Hong Kong

Courtesy and civility may be in short supply on the streets, but it is an essential commodity when dealing with educated people in Hong Kong. Avoid visiting Hong Kong during the China New Year, when shops and restaurants close for family celebrations. Be aware that asking how much someone earns of weighs is not considered impertinent; do not be offended. Due to crowded living quarters, most social life and business entertaining revolves around restaurants. Even at casual meals, splitting the bill is considered very bad form.

Chinese traditionally list their surnames first, but many Hong Kong people have adopted Western given names and use surnames last for business.

This article was researched and produced by Posicionarte for China Trading Company , 2007

Usefull China Trading and Yiwu Market Resources

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Business Etiquette in China03.09.08

Business-Etiquette-in-China by Eric Castro

Greetings

To be successful in your meetings with Chinese people you need first of all to address a person using his or her family name only, such as Mr. Chen or Ms. Hsu. The Chinese family name comes first and is usually one syllable. A one or a two-syllable given name follows a family name. For example, in the case of Teng Peinian, Teng is the family name and Peinian is the given name. In some instances, Westernized people from China might reverse their names when visiting and sending correspondence abroad. Therefore, it is always a good idea to ask a native speaker which name is the family name.

For business purposes in China, it is traditionally acceptable to call a person from China by the surname, together with a title, such as “Director Wang” or “Chairman Li.” Avoid using someone’s given name unless you have known him or her for a long period of time. Formality is a sign of respect, and it is advisable to clarify how you will address someone very early in a relationship, generally during your first meeting.

Do not try to become too friendly too soon, and do not insist that your counterparts from China address you by your given name. The Western pattern of quick informality should be resisted.

The Chinese way of greeting is a nod or slight bow. However, when interacting with Westerners, people from China usually shake hands. Bear in mind that a soft handshake and a lack of eye contact do not necessarily indicate timidity. It only implies that the person is not accustomed to the firm handshakes commonly used in the West.

Business Meetings

In China , it is assumed that the first person that enters the room is the head of the group. Westerners should observe this convention so as not to confuse the people from China . Important guests are usually escorted to their seats. If the meeting room has a large central table, the principal guest is likely to be seated directly opposite the principal host.

When exchanging business cards, hold out your card using both hands with the writing facing the recipient. Cards should always be exchanged individually (one-on-one). Never toss or “deal” your business card across the table, as this is considered extremely rude. Receive a business card with both hands and scan it immediately for vital information. Then lay the card in front of you on the table. It is demeaning to put someone’s card directly into your pocket without looking at it first.

Meetings begin with small talk. Resist the temptation to get down to business right away. Also, avoid telling Western-style jokes, because jokes sometimes do not translate across cultures and can cause confusion or hurt feelings.

Social Events

At a formal banquet in China, be prepared to give a short, friendly speech in response to the host’s speech.

When inviting Taiwanese to a party, you should serve a “real” meal rather than snacks and drinks.

When invited for dinner, it is polite to sample every dish served. Your host may serve some food for you, and it is nice to reciprocate if you feel comfortable doing so.

Always leave something on your plate at the end of the meal or your host might think that you are still hungry.

Gift Giving

In China it is appropriate to bring a gift, particularly something representative of your town or region, to a business meeting or social event. Gifts indicate that you are interested in building a relationship. A gift should always be wrapped, but avoid plain black or white paper because these are the colors of mourning. Present the gift with both hands as a sign of courtesy and always mention that this is only a small token of appreciation. Do not expect your gift to be opened in your presence. This indicates that it is the thought that counts more than the material value.

Never give a clock, handkerchief, umbrella or white flowers, specifically chrysanthemums, as a gift, as all of these signify tears and/or death. Never give sharp objects such as knives or scissors as they would signify the cutting of a relationship. Lucky numbers are 6 and 8 (especially in a series, such as 66 or 888). An unlucky number is 4.

Survival Tips

When you travel to China bring a large supply of business cards. You may meet many more people than anticipated.

Keep in mind that in China, and virtually all other countries, that 3/6/06 means June 3, 2006.

When sending correspondence, avoid confusion by writing your date in full.

As a health precaution, it is advisable for international visitors to drink bottled water, even in hotels and restaurants.

Bring basic cold and anti-diarrhea medicines and your own prescription drugs.

Avoid talking politics or religion. Good topics: food from China, sports or places one should visit.

If a person from China gives you a compliment, it is polite to deny it graciously. Modesty is highly valued in China.

People from China point at objects with an open hand instead of the index finger. Beckoning to someone is done with a palm facing down. Avoid beckoning with your index finger facing up.

Do not try too hard to “go Chinese.” People from China do not expect you to know all of their etiquette, and they make allowances for foreigners. Keep the above guidelines in mind, but above all, be yourself.

Do learn a few words of Chinese. This shows an interest in your host’s language and culture. It also is a very good icebreaker.

Useful Chinese

Hello ni
Hello (honorific) nin
Thank you xiexie
Cheers (toast) ganbei
Goodbye zaijian

This article was researched and produced by Posicionarte for China Trading Company , 2007

Usefull China Trading and Yiwu Market Resources

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China Import and Export Procedures03.04.08

China-Import-and-Export-Procedures by Eric Castro

China have freedom in undertaking all the import and export activities including international trade , with the exception of those forbidden by state laws and regulations. Some of the import and export procedures are open to choice. Whether these procedures are necessary is solely decided by the kinds of import and export and the category of the import and export commodities.

I. China Import Procedures

Most of the import businesses in China are transacted in FOB prices. Only a very small minority of the import commodities are transacted on CIF terms. The majority of means of payment are in letter of credit (L/C).

The commodity import includes a series of steps from signing a contract to making the payment. The general import procedures transacted under the terms of FOB include: writing down an effective contract, writing L/C, booking space, pushing for shipment, insurance, checking documents, making payment, customs declaration, receiving the shipment, inspection, goods delivery and claiming import indemnity.

1. The establishment of an effective import contract

A contract comes into effect once the price quoted based on a written agreement, or the contract between a Chinese import enterprise and a foreign supply businessman is accepted or the price quoted by the foreign supply businessmen is accepted.

Though China has greatly opened its import business, China import business is controlled and regulated by a series of laws and regulations such as the “Foreign Trade Law” and “the Customs Law”. Therefore businesspersons must consult with various laws and regulations issued by the China government before importing commodities from overseas.

All products, if no limit is set, can be imported freely while ways of trade and payment which run contradictory with laws and regulations are generally forbidden.

2. The writing of a Letter of Credit (L/C)

Buyers must fill in an application according to regulations in the contract so as to write out a letter of credit once the import contract is signed. The content of the L/C must conform with the articles in the contract.

The time decided in the L/C must also fit for the regulations in the contract.

After the L/C is written, buyers can apply for correction in the Bank of China .

3. Booking space and pushing for shipment

The buyers are responsible for booking space if the import contract is signed under the FOB price terms. At present, the space booking of China import trade is generally entrusted to China National Foreign Trade Transportation Corporation. After the shipment matters are settled, buyers should inform sellers the time and name of the ship so that the seller can make preparations and be ready for loading. In the meantime, buyers should push for the shipment so that the transportation company can load on time.

4. Insurance

The insurance of import contract under FOB and CFR terms is on the purchasing side. At present, the insurance of import goods carried through ocean shipping is entrusted to China National Foreign Trade Transportation Corporation, which is responsible for signing preliminary insurance contract with the People’s Insurance Company of China (PICC).

5. Checking documents and making payment

The Bank of China will check the number of documents and contents by referring to the regulations in the Letter of Credit after receiving bank drafts and documents. If they are found correct, the Bank of China will make the payment to the overseas enterprises. The import enterprises can buy money orders from the Bank of China with Renminbi according to the announced foreign exchange rate. If something is found wrong, the bank can inform the other side to make the correction or stop making the payment.

6. Customs declaration and receiving shipment

Import enterprises, after retiring documents, should prepare for receiving the imported products. Once the product reached the port of arrival, they should start customs declaration and receiving the import articles.

The customs declaration and goods receiving are usually done by China National Foreign Trade Transportation Corporation instead of import enterprises.

7. Checking, receiving, and goods delivery

Imported goods must be inspected by commodity inspection organizations. If the import goods are found missing, damaged or in short, import enterprises can claim an indemnity with proof from commodity inspection organizations.

After the above documents are completed, import and export enterprises must entrust the foreign trade transportation company to pick up goods and deliver them to ordering enterprises. That’s how trading with China is done.

8. Claiming an indemnity

Claiming for an indemnity often happens in cases in which foreign sales parties cannot deliver products, or cannot deliver them on time or the quality, packaging, amount cannot fit those prescribed in the contract.

The target of claiming for an indemnity is concentrated on the commodity supply parties, shipping corporations or insurance companies in line with different degrees in economic losses.

II. China Export Procedures

In China export business, BOF terms apply only in a small number of countries and regions which have signed agreements with China on the same delivery terms. The majority of countries do business on CIF or CFR terms and get paid in letter of credits. This kind of export contracts involve many links with complicated procedures and are associated with many aspects and departments.

Export procedures in China include: the establishment of an export contract, preparing export commodities, push for documents, checking and changing documents, booking space, customs declaration, commodity inspection, insurance, loading, writing documents and settlement of exchange. Among them, the four procedures such as goods (preparing for export goods), documents (push for documents, checking and changing documents), ships (booking space), payment (writing a document and settlement of exchange) are the most important.

This article was researched and produced by Posicionarte for China Trading Company , 2007

Usefull China Trading and Yiwu Market Resources

Article Source: ACME Articles | Free Article Directory

Posted in Business in Chinawith No Comments →

Guidelines to Set-up an Import-Export-Trade Company in China03.03.08

Guidelines-to-Set-up-an-Import-Export-Trade-Company-in-China by Eric Castro

Many businessmen around the world ask them selves this same question, can a foreign invested enterprise set up an import export trade company in China?

It is not easy but not so difficult at the same time but you need to follow some guidelines, basically the answer is right here, if you are interested to make some business like trading with china and settle up your China Trading Company now you can do it.

Below you can find some helpful tips that will help you for your next trading business in China. Beware that different kind of businesses can vary some of the guidelines below, but basically it is almost the same for every business.

In Mainland China a foreign invested enterprise can import equipment, raw materials, finished goods, etc. needed in production and export its product on its own. If it intends to set up an import export trade company in China and deal with China international trade , the foreign invested enterprise can apply for it.

According to the present policy in China , a foreign investor can set up China trade business with a Joint venture import export trade company in Pudong New Area after approval by the State Council in China ; it can also set up a China import export trade company in Pudong New Area Waigaoqiao Free Trade Zone after approval by the Pudong New Area Waigaoqiao Free Trade Zone Administrative Committee.

So take note of these guidelines so you don’t have any kind of problems and your next trading with China business will be a success and you won’t face any type of problems.


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This article was researched and produced by Posicionarte for China Trading Company , 2007

Usefull China Trading and Yiwu Market Resources

Article Source: ACME Articles | Free Article Directory

Posted in Business in Chinawith No Comments →

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