2012中国商业环境调查总结-by 中国美商会

| Business Climate survey DAtA |

Business Climate Survey Data

B u s i n e s s C l i m a t e O v e r v i e w

E

very year, AmCham China surveys its members to gauge the economic and regula-tory situation they face on the ground in China. As in previous years, the 14th annual Business Climate Survey not only tracks year-on-year data to mark progress or decline, but also adds new questions in an attempt to measure the impact of recent policies or

14

trends that members have raised in meetings throughout the year. This year, the Survey Business Climate sense of anecdotal information we have received from member companies. All the responses help added new questions about the Internet and technology transfer in order to get a better AmCham China pursue our advocacy efforts with a clearer image of our members’ business envi-ronment.

We send the in order to assess the year’s performance. This year, we had 390 responses from our members Business Climate Survey to our members between November and December each year in Beijing, and our chapters in Northeast China (Dalian), Tianjin, and Central China (Wuhan). Reports from this year’s Survey indicate that AmCham China member companies still had good revenue growth and profits, similar to the strong performance from last year. However, concerns about economic slowdowns globally and in China rose to the levels surveyed during the financial crisis. Additionally, member companies continue to face obstacles in the protection of their intel-lectual property, obtaining licenses, attracting and retaining qualified employees, and managing rising costs. The data from the governments, and our own advocacy priorities going forward.

Business Climate Survey informs our members, the US and Chinese 《商务环境调查》数据

国美国商会每年都会对会员开展问卷调查，藉此评估他们当前在中国所处的经济和法规环境。与往年一样，第14次年度《商务环境调查》不仅进行了同期数据比较，提出了进步或不足，还增加了会员在全年各类会议中所提出的新问题，目的是为了衡量近

期政策或趋势对会员所造成的影响。今年，《商务环境调查》增加了诸如互联网和技术转让等新问题，旨在更好地理解会员企业所反馈的一些信息。所有的这些反馈帮助中国美国商会更加清楚地了解会员企业所处的商务环境，从而有利于我们谏言献策。

每年的《商务环境调查》会在11月到12月间对会员发放，以便了解其全年业绩。今年，我们从北京、东北（大连）、天津和华中（武汉）等商会设立办公室的地区收到了390家会员企业的调查反馈。今年的调查报告显示，中国美国商会会员企业继续保持了良好的收入和利润增长，与去年的优异表现持平。然而，对国际以及中国经济增速放缓的担忧已经达到了金融危机期间调查时的水平。此外，会员企业在知识产权保护、获取许可、留住合格人才以及控制成本增长等方面仍面临诸多问题。《商务环境调查》将继续对我们的会员企业，美、中两国政府以及商会未来谏言献策提供数据支持。

| 2012 White Paper | AmCham China |

中

| 《商务环境调查》数据 |

What are your company’s primary goals and strategies in China? Select all that apply in order of importance.ѣЏ Ԣ չ

Company sample size: 2012 = 321 2011 = 326 2010 = 274

ӕϮḋ 㾘῵

58%

61%

66%

Produce or source goods or services in China for the China market

- Lj

Import into China

Produce or source goods or services in China for the US market

Lj Lj

Other

14%12%8%8%

8%10%

13%

15%

8%

9%Produce or source goods or services in 7%

China for other (non-US/non-China) 3%

markets

Lj Lj Ă2010

20112012

1

The quality of China’s investment environment is:

Top business challenges.

И

ѣЏ Ԣ П

Company sample size = 333Company sample size: 2012=339 2011=250

ӕϮḋ 㾘῵

ӕϮḋ 㾘῵

Management-level human

resources constraints

43%

30%Improving

21%

interpretation/ Unclear laws

Inconsistent regulatory 28%37%

փ

Staying the same

43%

Վ

human resources constraints

Non-management level 29%

20%Deteriorating

36%

Difficulty obtaining required licenses

21%

26%Corruption

Ө

22%26%Bureaucracy

25%

31%Intellectual property rights

infringement

24%

24%National protectionism

ԍ

20%23%Difficulty enforcing

contract terms

18%How does China rank in your company’s near-term global

18%

investment plans?

Local protectionism

И ѣЏ Ҷ ӦИ դ

ԍ

8%

18%

Company sample size: 2012 = 306 2011 = 299

ӕϮḋ 㾘῵

Number one priority

20%

31%

Top-three priority

47%

58%

One among many FDI destinations

15%

15%Not a high priority

7%7%

| AmCham China | 2012 White Paper |

商务环境综述

15

| Business Climate survey DAtA |

B u s i n e s s C l i m a t e O v e r v i e w

What do you think are the greatest risks facing your China organization?

ѣЏ Ԣ Л П

Company sample size: 2012 = 321 2011 = 337 2010 = 262

ӕϮḋ 㾘῵

Chinese economic

46%16

slowdown

31%

50%

Global economic

slowdown

27%

40%

43%Labor costs

Ԩ

23%

39%

30%Increased Chinese

protectionism

28%

ԍ

23%

23%Labor shortages

19%

7%

9%Sino-US relations

Deterioration of 18%

9%22%Increased bureaucracy

13%14%8%

RMB appreciation

Լ

11%

15%

17%Do you feel that China is losing competitive advantages due to rising costs?

И ի й Љ Ԇ Ծ жѩԎ;Company sample size: 2012 = 298 2011 = 340

ӕϮḋ 㾘῵

To a great degree

13%5%

To some degree

76%73%

Not at all

11%

22%

| 2012 White Paper | AmCham China |

| 《商务环境调查》数据 |

How would you characterize your company’s financial performance in China in 2011? Ҹ՛2011 Ԣ ԇ ӑ

Company sample size: 2011 = 303 2010 = 336 2009 = 319 2008 = 338

ӕϮḋ 㾘῵

65%65%

66%

67%

Very profitable

Profitable

22%

26%

20%

Break even, small loss

Lj

9%

13%

18%

4%

6%

9%

3%

3%

4%

Large loss

2008

2009

20102011What are your forecasted total annual China revenues for 2011?

How do the overall 2011 operating margins of your China ѣЏ2011 Ԣ ҵ operations compare to those of 2010?

Company sample size = 305

ѣЏ2011 Ԣ Ӕӯ䃔Њ2010 ӕϮḋ 㾘῵

Company sample size = 294

ӕϮḋ 㾘῵

Less than US $1 million

100 9%

Increased substantially

Between US $1 million

21%

100and $9 million 900 22%

Increased slightly

34%

million and $49 millionBetween US $10 29%

Remained the same

1000 4900

24%

Between US $50 million

and $100 million11%

Decreased slightly

15%

5000 1 Greater than US $100 million

Decreased substantially

1

29%

6%

How does the 2011 revenue of your China operations compare to 2010 results?

ѣЏ2011 Ԣ ҵЊ2010

Company sample size = 308

ӕϮḋ 㾘῵

Increased substantially

41%Increased slightly

40%

Remained the same

9%Decreased slightly

6%Decreased substantially

4%

| AmCham China | 2012 White Paper |

商务环境综述

17

| Business Climate survey DAtA |

B u s i n e s s C l i m a t e O v e r v i e w

How do the 2011 operating margins of your China operations compare to your company's worldwide operating margins? 2011 ѣЏ Ԣӯ䃔 ЊҿҶ ӯ䃔

Company sample size: 2012 = 270 2011 = 321 2010 = 273 2009 = 240 2008 = 239

ӕϮḋ 㾘῵

37%

37%18

32%30%

30%

Significantly lower

28%

27%29%

23%

25%Slightly lower

18%16%

19%15%

16%18%Comparable

12%

14%

14%

14%

12%

8%

9%

9%

8%

Slightly higher

Significantly higher

[***********]12

What is your forecast for 2012 China revenues compared to 2011?

ѣЏ2012 Ԣ ҵ Њ2011 Company sample size: 2012 = 305 2011 = 324 2010 = 288

ӕϮḋ 㾘῵

33%

32%33%

Down 11-20% 11-20%26%

27%

27%

Down 1-10% 1-10%Remain the same

19%18%

16%

Up 1-10%

13%

1-10%9%

11%

11%

8%

Up 11-20%5%

11-20%1%1%

2%2%

3%

3%

Up 21-50%

20-50%2010

2011

2012

Up over 50%

50%

12

How would you describe your two-year business outlook How much do you estimate your company will increase invest-in China?

ment in China operations for 2012?

ѣЏ ҿ Д Џӹ ѣЏ 2012 Ԣ

Company sample size = 333

Company sample size: 2012 = 287 2011 = 281 2010 = 232

ӕϮḋ 㾘῵

ӕϮḋ 㾘῵

Optimistic

No expansion

41%33%33%35%planned

Slightly optimistic

39%

28%28%

28%

1-10%Neutral

1-10%

12%21%

17%

18%

11-20%Slightly pessimistic

6%12%13%14%

11-20%

ԙ

9%

21-50%

Pessimistic

2%

6%

5%

21-50%ԙ

13

over 50%

50%

2010

2011

2012

| 2012 White Paper | AmCham China |

In the next year does your company plan to use China-generated profits to fund investments in your business in China?

Ҹ՛ ի Ӧ Ԣ 䥟ӯ й Ԣ %Company sample size = 328

ӕϮḋ 㾘῵

Yes

32%

No

60%

N/A or Don't know

փ

8%

How would you rate competition for your company’s products and services in China in 2011 versus 2010?

2010 ͫѣЏ Ѿ џ2011 Ԣ фսՃ ԇ Չӱ жԹԃCompany sample size = 303

ӕϮḋ 㾘῵

59%

Increased 39%greatly

33%

35%36%

29%

Increased 20%

24%slightly

11%

No change

3%

5%

6%

փՎ

Decreased

From PRC

Firms

From Foreign

Firms

From Imports

16

| 《商务环境调查》数据 |

Are rising labor costs affecting your business operations?

Љ ыԃ ի րѣЏ %Company sample size = 287

ӕϮḋ 㾘῵

18%

Yes

No

82%

17

What effect will the implementation of the proposed social insurance taxes on foreign employees in China have on your business operations?

է Ԣ Џ մ ѫґ ѣЏ Ѿ ր;Company sample size = 321

ӕϮḋ 㾘῵

Positive effect

13%

8%

No effect on operations

փ

33%

Moderately negative 46%

effect on operations

Severely negative impact on operations

How do the following human resources issues affect your business operations in China?

Јӧ Ҽыԃ ѣЏ Ԣ ф րCompany sample size:

ӕϮḋ 㾘῵

2012 = 266 2011 = 303

Increasing salary wage

expenses

փ

70%15%71%8%

Difficulty attracting, developing,

and retaining skilled staff

Ă ԍ 0

67%13%69%8%

Difficulty attracting, developing,

and retaining managers

Ă

62%15%65%9%

Cost of social benefits

Ԩ

65%11%48%5%Difficulty attracting, developing,

and retaining technical staff

12%

6% Ă

Difficulty firing employees

53%11%

54%

9%

Negative impact

Material damage

19

| AmCham China | 2012 White Paper |

商务环境综述

19

| Business Climate survey DAtA |

B u s i n e s s C l i m a t e O v e r v i e w

Have you or your organization experienced any difficulties in

recruiting senior executive talent to work in China because of air quality issues?

Ɨ ғ ƪCompany sample size: 2012 = 210 2011 = 294 2010 = 244

Have you found courts in China to provide equal treatment to local and foreign parties when it comes to labor litigation?

ӱԍ 傱 ͫ չ зы ի▲ գ☨%Company sample size = 88

ӕϮḋ 㾘῵

20

ӕϮḋ 㾘῵

81%

76%

64%

36%

19%

24%

Yes

No

[1**********]2

20

Has your company found it more difficult to dismiss employees since the adoption of the Employment Contract Law?

澦ԍԈՠգ 澧 ͫ ի҅ѣЏ մ Ԇ ;Company sample size = 247

ӕϮḋ 㾘῵

Yes

No

45%

55%

21

This year what do you see as the trend in the number of labor litigation cases brought to court?

ѣЏ я ԍ 傱 峚 ў Ԏ Company sample size = 138

ӕϮḋ 㾘῵

Increase

37%

Decrease

58%

Remain the same

5%

| 2012 White Paper | AmCham China |

2%

Yes

No, courts favor Chinese nationals

, 58%

40%

No, courts favor foreign firms

-

23

| 《商务环境调查》数据 |

Do you feel that your company is losing out on business in China as a result of industrial policies that promote and support Chinese companies over foreign companies?

ի О йҏ չ И ѣЏ й ѣ фЏ ҅Ҹ՛ ԢЏԇ☊ ;

Company sample size = 303

ӕϮḋ 㾘῵

Yes

4%

No, we are not impacted by such 36%

industrial policies

Lj

60%

No, we benefit from China's industrial policies

Lj

At times, China has forced technology or knowledge transfers from foreign companies in exchange for market access. Are the effects of such practices negatively impacting your company or clients' assessment of the business environment in China?

И љ Ո ӕҵО ў ҅ ѣ 澞 ҟ ի ѣЏ ѳ Ԣ ր%Company sample size = 297

ӕϮḋ 㾘῵

33%

Yes

67%

No

In your experience, forced technology transfer in China is:

ͫ Ԣ ӑО;Company sample size = 301

ӕϮḋ 㾘῵

Increasing

փ

27%

Staying the same

45%

փՎ

Decreasing

24%

փ

4%

N/A or Don't know

փ

26

How important is the obtaining of licenses to your business (i.e., for the addition of new branches, retail outlets, products, or lines of service)?

Օ йѣЏ ͧ ӣ ͫ 澝фսՃ ԇ Օͨ

Company sample size = 254

ӕϮḋ 㾘῵

Not important

13%

փ

40%

Important

47%

Critically important

27

How are the relevant licenses in your industry applied? ѣЏ Џ Ҽ Օ ӑ

Company sample size: 2012 = 175 2011 = 248

ӕϮḋ 㾘῵

the same licenses as Chinese companies

Foreign companies cannot be awarded34% փ

29%Foreign companies can be awarded the but the approval is more complicated,same licenses as Chinese companies, lacks transparency and takes longer

32% Lj

29%

Lj Lj

enforcement varies and lacks transparency

Licenses are equally awarded, but

12% Lj

13%

Licenses are granted equally between

foreign and Chinese companies

22%

29%

28

| AmCham China | 2012 White Paper |

商务环境综述

21

| Business Climate survey DAtA |

B u s i n e s s C l i m a t e O v e r v i e w

How has awarding of licenses changed in your industry in the past couple of years?

Ծә ѣЏ Џ Օ Պԗ ӑCompany sample size = 178

ӕϮḋ 㾘῵

How important is the protection of intellectual property rights (IPR) to your business?

ф ґ ѣЏՇ Company sample size = 277

22

Licensing

procedures are more difficult

49%

37%

Licensing

procedures less difficult

are

No change

14%

Վ

How do licensing requirements impact your business? Check all that apply.

Օ ѣЏ րCompany sample size = 152

ӕϮḋ 㾘῵

Slows our expansion and

investment in China

68%

Puts us at a competitive disadvantage to

domestic competition

51% ԲLj

Slows our hiring in China

28%products from the US to China

Limits our ability to import

26%Limits our profit growth and ability to

repatriate profits to the US

23%

30

| 2012 White Paper | AmCham China |

ӕϮḋ 㾘῵

Not important

14%

փ

31%

Important

Critically important

55%

31

How would you rate China’s enforcement of IPR?

ѣЏ И ґ ф ԃ ѳ

Company sample size: 2012 = 200 2011 = 251 2010 = 146

ӕϮḋ 㾘῵

63%

64%

55%

Totally ineffective

26%

30%

21%

11%

15%

15%

Ineffective

Effective or Very Effective

[1**********]2

In the last year, China’s enforcement of IPR has:

Ծ И ф ӑ

Company sample size: 2012 = 152 2011 = 149 2010 = 148 2009 = 131

ӕϮḋ 㾘῵

59%

47%48%

47%49%

52%36%

34%

Improved

12%

5%

4%7%

Stayed the same

Վ

Deteriorated

20092010

2011

2012

What is the extent of damage caused by China-originating IPR infringements of your company’s products?

йИ ф ҍ О ѣЏфս Company sample size = 144

ӕϮḋ 㾘῵

No or minimal impact

15%

Causes material damage to China operations

51%

34%

Causes material damage to global operations

34

If you have taken administrative action, how satisfied were you with the level of cooperation from the relevant Chinese officials?

ѣЏ 峚 Ӡҍ О И Ҽ մՠҁ ӑ Company sample size: 2012 = 154 2011 = 184

ӕϮḋ 㾘῵

Very satisfied

8%2%

Somewhat satisfied

53%48%

Somewhat dissatisfied

փ

30%

44%

Very dissatisfied

փ

9%6%

If you have brought any infringements to court, were you

satisfied with the level of cooperation from the Chinese courts?

ѣЏ ҍ О И ՠҁ ӑ Company sample size: 2012 = 131 2011 = 70

ӕϮḋ 㾘῵

Very satisfied

9%

4%

Somewhat satisfied

54%

40%Somewhat dissatisfied

29%

փ

38%

Very dissatisfied

փ

8%

18%

36

| 《商务环境调查》数据 |

Please rank the following in terms of their importance with regard to protecting your company's intellectual property.

Ҹ՛ ф ґ ӄ Company sample size = 215

ӕϮḋ 㾘῵

Copyrights

Ӳ

55%Company name protection

ԍ

51%Trademarks

Ք

50%Trade secrets

47%Invention patents

46%Design patents

43%Technology transfer rules

34%Other IPR laws and rights

32%China's innovation policies

29%Utility model patents

19%Trade dress protection

ԍ

7%

| AmCham China | 2012 White Paper |

商务环境综述

23

| Business Climate survey DAtA |

B u s i n e s s C l i m a t e O v e r v i e w

Does slow or unstable Internet access impede your ability to efficiently conduct business in China?

л Љ ի ѺѣЏ Ԣ

Company sample size = 301

ӕϮḋ 㾘῵

In your experience, the risk of a data breach to your China operations is:

ОҸ՛ Ԣ Չӱ ОCompany sample size = 201

ӕϮḋ 㾘῵

24

26%

Yes

74%

No

To what degree does Internet censorship impact your company's ability to conduct business normally in China?

ѣЏ ф րCompany sample size = 299

ӕϮḋ 㾘῵

2%8%

Severe negative impact

Somewhat negative impact

32%

58%

No impact

Benefits my company

39

How does the cyber security environment in China compare with that of other countries?

И Ҷ Њҿѕ Company sample size = 319

ӕϮḋ 㾘῵

Worse

37%

Same

16%

Better

4%

N/A or Don't know

փ փ

43%

40

| 2012 White Paper | AmCham China |

Increasing

փ

39%

57%

Decreasing

փ

Staying the same

ԍ փՎ

4%

41

Does your company trust cloud computing in China?

ѣЏ իҒ И к ;Company sample size = 134

ӕϮḋ 㾘῵

21%

23%

Yes

No

Don't trust cloud 56%

computing anywhere

փ

42

Is your company shifting resources or services to the cloud?

ѣЏ ի էк ԇ;Company sample size = 232

ӕϮḋ 㾘῵

Yes

31%

No

69%

| 《商务环境调查》数据 |

Do you support Chinese investment in the US?

ի И Company sample size = 333

ӕϮḋ 㾘῵

20%Yes

5%

75%

No

փ

Indifferent

փ

44

Have you pursued any mergers or acquisitions (M&A) in China in the last two years?

ѣЏ ԾД И ի ѣЏ;Company sample size = 234

ӕϮḋ 㾘῵

Yes

29%

No

71%

In comparison to previous years, pursuing M&A in China is:

չӹә ͫ Ԣ ѣЏ ӑ;Company sample size = 116

ӕϮḋ 㾘῵

More difficult

41%

The same

՚

50%

Less difficult

9%

46

Have your intentions changed in regards to M&A in China as a result?

ѣЏ ѣЏ ի Պ;Company sample size = 44

ӕϮḋ 㾘῵

27%

Yes

73%

No

47

| AmCham China | 2012 White Paper |

商务环境综述

25

| Business Climate survey DAtA |

B u s i n e s s C l i m a t e O v e r v i e w

As the survey respondent, please tell us about your position in your company.

ԲՆ ыմ ԇ

Company sample size = 387ӕϮḋ 㾘῵

Which of the following categories best describes your main line of business in China?

ѣЏ ԢП Џԇ

Company sample size: 2012 = 390 2011 = 388

ӕϮḋ 㾘῵

Senior-level country manager 26

(CEO, VP, GM, Managing Director)

DŽ Ă 11% Ă Ă Dž

Director of government relations 12%or public relations department

5%

Director/functional leader of other department (HR Director, 72%

Finance Director, Sales Director, COO, etc)

և / DŽ Ă Ă Ă Dž

Other

48

How long has your company had a physical presence in China?

ѣЏ Ԣ ѽ ;Company sample size = 384

ӕϮḋ 㾘῵

Less than 2 years

2 3%

From 2 to 5 years

2-5 16%From 6 to 9 years

6-9 20%

From 10 to 20 years

10-20 42%

More than 20 years

20

19%

Where does your company have a legal presence? Please check all that apply.

ѣЏ љЈքп дՠ ѽ; Company sample size = 384

ӕϮḋ 㾘῵

Beijing

ԛ

82%

Shanghai

48%

Guangzhou/Shenzhen/

Guangdong

0 0

26%provinces (e.g. Sichuan, Shanxi)

Other inland/northeastern 19% 0 ԛ ) ǖ Lj *

Tianjin

17%Other Yangtze River Delta

(e.g. Suzhou, Wuxi)

) ǖ Lj *

15%Central China (e.g. Henan, Hubei,

Hunan, Jiangxi)

) ǖ Lj ԛ- Lj *

14%Central coastal (e.g. Dalian,

Qingdao)

) ǖ Lj *

14%

50

| 2012 White Paper | AmCham China |

Services

34%

42%

Manufacturing

20%

23%Other (NGO, Nonprofit, etc.)

16%

DŽ Ă Dž

23%

High-tech

10%11%Information technology and

information services

9%

7%Retail, distrubution, and logistics

2% Ă

3%

Which of the following legal entities does your company have in China? Please check all that apply.

ѣЏ Ԣ ѽ Ӏѽ О; Company sample size: 2012 = 384 2011 = 432

ӕϮḋ 㾘῵

Wholly foreign-owned enterprise

66%

63%

Representative office

29% ՗

33%25%Joint venture

27%

22%Regional/branch office

Ӹ 0

25%Regional headquarters

և

14%15%R&D center

12%

14%Holding company

7%

7%Management comany

6%0%Other

4%2%Global headquarters

2% և

2%Foreign-invested company

limited by shares

1%

4%

52

商务环境综述

| AmCham China | 2012 White Paper |

27