Credit information Annual accounts are seldom available. However, there are a number of credit agencies (such as Bank of China) which can supply basic details of the companies in question. For detailed credit information, the approval of the company is still required. Basic information can be supplied in about ten days.
Currency restrictions: CNY is not convertible. All import transactions are subject to approval from State Administration of Foreign Exchange (SAFE). From July 2005 CNY has been floating against a basket of currencies. From April 16, 2012 CNY is allowed to fluctuate 1% daily in relation to previous day's closing rate, according to the Chinese government. Previously CNY was allowed to fluctuate by at most 0.5%. This is a small but important step to reform China's tightly controlled financial sector. For companies dealing with China, this means that the currency risk will increase and we recommend exporting companies to increasingly hedge their trade flows with China.
Forms of payment
Clean payment Used. Cash discounts not applicable. However, there may be payment delays. More and more Chinese banks are affiliated to SWIFT.
Documentary Collection Increasingly used especially in the coastal provinces . Payment delays occur.
Letter of credit Recommended and preferable confirmed. (Often silent confirmed) The riskfee on China is relatively low and with a confirmed L/C the risk is covered very well. L/Cs are also used to a small extent among the new small commercial banks. Always check the bank with your Swedish bank. At sigh L/Cs predominate. Payment terms over 90 days or over are rarely seen as they require approval from SAFE. L/Cs on China are often payable in China. Payment seven days after document presentation in China. Payment outside China has been accepted if the goods are particularly in demand. Check the L/C against the commercial contract/quotation to see that they agree.
China has adopted the ICC rules. Check that the L/C text refers to these.
Penalty interest The penalty interest becomes more and more commonly used in the sales contract in China. Usually the company penalty interest is 0,1 - 0,5% per day overdue. Penalty interest must be specified in the sales contract.
Guarantees O/D guarantees are used both as direct guarantees and bank-to-bank guarantees. Used for taking out loans in local currency or as security for other local bank facilities. Make sure you get the guarantee back even if the expiry date has passed. It is preferable to accept a Letter of Credit rather than payment guarantee for covering the credit risk.
Bill of exchange Commonly used in domestic trade but not in international trade.
The EKN Country Policy February 2012: Premium class 2.
See also under risk and riskcoverage - EKN
Credit insurance companies
Euler Hermes Kreditförsäkring Norden ABOpen.
Other forms of securityNo information.
Legal action
Enforcement measures Enforcement of private law judgments:No agreement exists between Sweden and China regarding the enforcement of private law judgments.
Enforcement of arbitration awards:China is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. See the section Legal action
Miscellaneous China is a member of the WTO, ADB, IMF, IBRD and IFC
Several local and foreign banks now have a license to handle import/export business.
For exports of equipment that is to be installed, about 10% of the purchase price is normally retained, which is normally released once the buyer has signed an acceptance record. You should therefore always make sure that this part of the payment is secured via an L/C or under a separate guarantee.
When selling from a foreign company to a Chinese company and the goods are produced in China there is no possibility to effect overseas payment due to Chinese foreign exchange control. Without import documents (Customs clearance documents) the buyer can not make payments overseas.
Many foreign companies with production as well as sale in China establish WOFE (Wholly Owned Foreign Enterprises) or FICE (Foreign Invested Commercial Enterprise). The transaction is made between the subsidiary and the Chinese buyer and the subsidiary can transfer overseas payment to the mother company abroad.
When exporting services to China , 5% of the invoice value is withdrawn as "Business Tax". There is no possibility to recover this amount. Have that in mind already under price negotiation.
All in all, rules and regulations related to foreign exchange and taxes do often change.
It appears that Chinese companies want payment into an employee's private account for the company to avoid tax. This violates the Chinese law. A serious Chinese company must have an account that can receive money from abroad.
Swedish Trade Council, Room 609, 6/F, CYTS Plaza, No 5, DongzhimenNandajie, Dongcheng District, BEIJING 100007, PR China, tel. +86 10 5815 6006, fax: +86 10 5815 6223 E-post: bejing@swedishtrade.se
Other external links:
YVONNE BRYCKERUtlandsbetalningar, remburser, exportkreditgarantier och exportfinansiering.yvonne.brycker@swedishtrade.seT +46 8 588 660 17
EXPORTRÅDET Swedish Trade CouncilBox 240SE-101 24 Stockholm
Besöksadress:World Trade Center, Klarabergsviadukten 70 info@swedishtrade.se T +46 8 588 660 00 F +46 8 588 661 90
Seminarier i praktiskt exportarbete och internationell handel.