2021中国营商环境白皮书.pdf

2021 White PaPeron the Business environment in China2021年中国营商环境白皮书The American Chamber of Commerce in South China华南美国商会 February 25,20212021年2月25日Guangzhou,Peoples Republic of China中国 广州Presidents Message 8Part I Commentary 14 1.1 The Covid-19 Pandemic 1.2 The On-going China-US Trade Conflict 1.3 The 14th Five-Year Plan-An Overview1.4 Moving Forward From the Challenges of 2020:Innovation and Expert Opinions1.5 A New Presidents Agenda1.6 Strategy for a Tech-driven GBA *Section 1.6 Courtesy of EY1.7 A Milestone in Legal Development:China Promulgates a Civil Code *Section 1.7 Courtesy of Anderson&Anderson LLP 1.8 Brief Analysis on Measures for Handling Complaints of Foreign-Invested Enterprises *Section 1.8 Courtesy of Anderson&Anderson LLP1.9 Development of Chinas Intellectual Property in 2020 *Section 1.9 Courtesy of Anderson&Anderson LLPPart II Industry Overviews 2682.1 Agriculture 2702.2 Animals and Related Products 2942.3 Automotive Industry 306 2.4 Machinery and Semiconductors 3202.5 Construction and Real Estate 334 2.6 Resources and Industrial Materials 3442.7 Electricity Generation 3562.8 Logistics 3702.9 Travel and Tourism 3802.10 Merchandising 3902.11 Consumer Goods 4062.12 Food Services 420Contents目录会长致辞11第一部分评论151.1 新冠疫情 1.2 中美贸易冲突现况 1.3 “十四五”规划概述1.4 2020年挑战过后：创新与专家解读1.5 新总统的议程1.6 大湾区科技驱动发展战略 *1.6节由安永提供 1.7 一个法制发展里程碑：中国颁布 民法典 *1.7节由安以恩律师事务所提1.8 外商投资企业投诉工作办法 简要分析 *1.8节由安以恩律师事务所提供1.9 2020年中国知识产权发展情况 *1.9节由安以恩律师事务所提供第二部分行业概况2692.1 农业 271 2.2 动物及相关产品 295 2.3 汽车行业 3072.4 机械和半导体 3212.5 建筑和房地产 335 2.6 资源及工业原料 3452.7 电力生产 357 2.8 物流 371 2.9 旅行和旅游业 381 2.10 销售 391 2.11 消费品 4072.12 餐饮服务业 4212.13 Culture,Sports,and Entertainment 436 2.14 Healthcare 4502.15 Education Industry 4662.16 Financial Sector 4782.17 Information and Communication 492 Technology Industry List of Abbreviations and Acronyms 510 in Part I and Part II Part III Regional Overview 512*Part III Courtesy of EY3.1 Economic Overwiew in South China 5143.2 Guangdong 5223.3 Fujian 5423.4 Guangxi 5543.5 Hainan 5743.6 HongKong 5863.7 Macao 596Part IV Results of 2020 State of 602 Business Study 4.1 Demographics 6044.2 Revenue and Profitability 6104.3 Reinvestment Trends 6184.4 Business Environment 6314.5 US-China Bilateral Relations 6382.13 文化、体育和娱乐 4372.14 医疗保健行业 4512.15 教育产业 4672.16 金融业 4792.17 信息通讯技术业 493 第三部分区域概况513*该部分由安永提供3.1 华南地区经济概况 5153.2 广东 5233.3 福建 5433.4 广西 5553.5 海南 5753.6 香港 5873.7 澳门 597第四部分2020年经济情况问卷调查结果6034.1 受访企业组成 6044.2 收入与利润 6104.3 再投资趋势 6184.4 营商环境 6314.5 美中双边关系 6381684108132158174192220226*第一部分及第二部分由广州博朗翻译服务有限公司提供翻译1785109133159175193221227892021 White Paper on the Business Environment in ChinaThe American Chamber of Commerce in South ChinaPresidents MessageOur 2021 White Paper on the Business Environment in China is our 14th such endeavor,and I believe it to be our strongest.It has taken more than six months and a team of highly accomplished experts from both sides of the Pacific Ocean,including seven who hold doctoral degrees,as well as respected professors,business executives and legal and financial scholars.As a policy documenta structured argument in favor of choices we believe will benefit the Chinese economy and the foreign investors who have contributed to its historic growthit is required to present a reasoned,factual foundation for what in the end is a rhetorical goal.Our purpose is to win the respect of our readers before winning their opinion.You will note that,in pursuit of this goal,we have attempted to compile a well-balanced and neutral framework for our arguments.This framework is extensively researched and exhaustively cited.It does not represent the opinion of this Chamber so much as the condenseddistilledopinion of a diverse cross section of interested parties.Both domestic and international media are represented,as are academics and statisticians from around the world.In many ways,2020 was a disappointing year that will long be remembered.We had anticipated the underlining theme of this years book to be one of progress on a Phase II if not Phase III deal between the US and China.Instead,we had to face the undisputable consequences of COVID-19.Many of us tragically lost loved ones and friends.We also had to deal with the repercussions to our businesses as we continued to grieve.I believe that there is much to be proud of as we enter 2021.Like a phoenix,we have risen again from what may have been certain catastrophic circumstances.We made it through together by helping each other.China was the first country to get back to business,but it was not easy.For example,we worked feverishly with government officials and other institutions such as the Guangdong Department of Commerce and Foreign Affairs Office(FAO)for a speedy return of our member company executives as well as teachers and administrators of international schools back to China.Our challenge was getting people back to work,and we succeeded.Although we were all hurting,AmCham South China also was able to raise millions of dollars in cash and supplies for those in need for we understand that doing what is best for our community is good for our businesses.Ultimately,our success depends on the hard work and contributions of our membership.At the onset of COVID-19 AmCham South China members were quick to jump into action and by mid-February 2020 had already donated US$38 million in cash and 1.05 million US dollars in-kind to aid Wuhan,Hubei,and other areas in need.AmCham South China members also donated millions of US dollars to the last two Sichuan earthquakes in 2008 and 2013(2008:US$35 million;2013:US$14 million).I was delighted to see the 550 members and dignitaries attending our 2020 Hope Ball take time at the party to donate cash to the Guangzhou Women and Childrens Hospital.All the money,which was donated directly to the hospital foundation,is never touched by our Chamber and goes directly to pay for immediate lifesaving surgeries for poor and orphaned children.In the past ten years we have raised over 5,172,000 RMB in cash that literally saved the lives of 221 orphaned children who otherwise would not be alive today.We have also raised 12,945,811 RMB in in-kind donations which,together with investments we have introduced,have raised four impoverished villages and tens of thousands of poor villagers above the poverty line.The philanthropic program has been wildly successful.I always believe that charity brings hope for tomorrow and we can always do more.Economic shocks like the coronavirus pandemic of 2020 only arrive once every few generations,and they bring about permanent and far-reaching change.Measured by output,the world economy is well on the way to recovery from a slump the likes of which barely any of its 7.7 billion people have seen in their lifetimes.Vaccines should accelerate the rebound in 2021.But other legacies of COVID-19 will shape global growth for years to come.Some are already discernible.The takeover of factory and service jobs by robots will advance,while white-collar workers get to stay home more.Therell be more inequality between and within countries.Governments will play a larger role in the lives of citizens,spendingand owingmore money.Nevertheless,policy makers must move decisively.Although the world economy is already growing again following the 4.3%contraction of 2020,the pandemic caused a heavy toll of deaths and illness,plunged millions into poverty,and may depress economic activity and incomes for a prolonged period.To overcome the impacts of the pandemic and counter the investment headwind,there needs to be a major push to improve business environments,increase labor and product market flexibility,and strengthen transparency and governance.Chinas economy is expected to expand by 7.9%in 2021 following 2%growth last year.Excluding China,emerging market and developing economies are forecast to expand 3.4%in 2021 after a contraction of 5%in 2020.Among low income economies,activity is projected to increase 3.3%in 2021,after a contraction of 0.9%in 2020.According to the United Nations and the World Bank,the pandemic is expected to leave long lasting adverse effects on global activity with a likely slowdown in global growth stretching through the next decade,due to underinvestment,underemployment,and labor force declines in many advanced economies.The global economy could be heading for a decade of growth disappointments unless policy makers put in place comprehensive reforms to improve the fundamental drivers of equitable and sustainable economic growth.Policymakers need to continue to sustain the recovery,gradually shifting from income support to growth-enhancing policies.In the longer run,in emerging market and developing economies,policies to improve health and education services,digital infrastructure,climate resilience,and business and governance practices will help mitigate the economic damage caused by the pandemic,reduce poverty and advance shared prosperity,while in the context of reduced public spending and elevated debt,institutional reforms to spur organic growth are particularly important.According to the results of the AmCham South Chinas 2021 Special Report,our annual State of Business Study,the opportunities outweigh the challenges.As the first major economy to show a recovery,China has successfully navigated the extreme hardship brought by the COVID-19.AmCham South China members have withstood the impact to various degrees.While a combination of factors including the coronavirus pandemic severely impacted the global economy in 2020,only a slight decrease in reinvestment from profits in China was realized,with 17%of the studied companies having reduced their reinvestment quota in 2020 in China compared with 2019.Factors including huge market potential,preferential policies and uncertainties of pandemic in other countries,have whetted companies interest to increase investment in China or shift investment to China.Furthermore,a vast majority of companies still have expansion plans in China in the next three years.Nearly all the studied companies express their willingness to stay in China despite US-China trade friction.Compared to the previous year,more companies firmly believe that they will see further improvement in US-China relations in 2021.American business has obviously not given up on China.Our governments must get back to the table immediately for a new Phase II deal.As Henry Ford once said,what is good for business is good for America.An interesting finding of the 2021 Special Report is the direct connection between the reduced number of expatriate executives in China and the massive reduction in the number of very large planned reinvestments.While total dollar amount of budgeted reinvestments has held steady due to the increase in number of large,medium and small reinvestment projects(between 1 million and 250 million US dollars each),the number 10112021 White Paper on the Business Environment in ChinaThe American Chamber of Commerce in South Chinaof very large foreign planned reinvestment projects involving 250 million US dollars or more each have reached the lowest levels in several years(a 4/5th reduction year on year for all foreign companies and nearly 3/4th for US companies).We predict that this will severely impact Chinas manufacturing output two to three years from now.The last time a similar situation happened was in 2016.Our 2017 study predicted the pre COVID-19 slowdown in Chinas economic growth in 2018 and 2019(GDP growth dropped to 6.6%in 2018 and 6.1%in 2019).The worlds two largest economies have been locked in a bitter trade dispute since the beginning of the Trump presidency.The dispute has seen the US and China impose tariffs on hundreds of billions of dollars worth of one anothers goods.President Trump has long accused China of unfair trading practices and intellectual property theft.In China,there is a perception that America is trying to curb its rise as a global economic power.Negotiations are ongoing but have proven difficult,but this remains necessary.Both sides signed a preliminary agreement widely known as the Phase I Deal in January of 2020.It has now been over a year and some of the thorniest issues remain unresolved.Now going into a new administration in the US,uncertainties around the trade conflict continue to hurt businesses and weigh heavily on the global economy.The Trump administration raised tariffs on a range of Chinese imports and implemented harsh sanctions against Chinese companies such as Huawei Technologies Co.,citing national security,leading to a deterioration in relations.The relationship between China and the US has fallen to its lowest level since Beijing and Washington established formal diplomatic ties over 40 years ago,with the two countries clashing on a range of issues including trade and the handling of the Covid-19 pandemic.But many business leaders expected the Biden administration to maintain a tough stance on China when it comes to access to hi-tech equipment and components.President Biden may have inherited the trade conflict with China that now involves over$700 billion in bilateral trade,but he owns it now.The tariffs have got to go,but Biden has already announced that he will not immediately cancel the trade agreement that Trump struck with China nor take steps to remove tariffs on Chinese exports.Biden said he would pursue policies targeting Chinas“abusive practices,”such as“stealing intellectual property,dumping products,illegal subsidies to corporations”and forcing“tech transfers”from US companies to Chinese counterparts.But he also stressed the need to develop a bipartisan consensus at home and focus government efforts on investments in research and development,infrastructure and education that would allow companies to compete better with Chinese rivals.Dont expect a new deal with China in the first 100 days of the new presidency.According to Reuters,Biden said,“I want to make sure were going to fight like hell by investing in America first.”He wants to talk with American allies before proceeding.“The best China strategy,I think,is one which gets every one of our or at least what used to be our allies on the same page.”Chinese foreign ministry spokeswoman Hua Chunying responded to Bidens comments by reiterating a long-standing position that trade between the two countries should be mutually beneficial.She said,“Trade issues should be dealt with in the spirit of mutual respect and equal consultation.”We agree with the leaders from both countries,but governments do not run on a linear plane.Both sides must return to the table.Both sides want a strong trade deal and international business should not have to wait.Its time to get busy.Finally,after explaining how we believe the world sees Chinas economy,we make a single recommendation:continue moving forward,and continue offering the Chinese people opportunities for improved health,wealth and happiness.This opinion is,necessarily,transformative.We seek not to conserve what came before but rather t