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Government relations and lobbying in Xiamen are activities aimed at influencing public policy, administrative decisions, procurement, permits, incentives and other government actions that affect businesses, social organizations and individuals. China does not have a single national law that governs lobbying in the way some other jurisdictions do. Instead, activities that would be considered lobbying are regulated by a mix of national laws, administrative rules and local policies. Xiamen, as a coastal city and a special economic zone, applies national legislation alongside municipal regulations and incentive rules that affect how companies and organizations engage with local government agencies.
Working with government bodies can be complex and risky. A lawyer experienced in government relations and administrative law can help in many common situations, for example:
- Applying for permits, licenses or land use approvals where procedural requirements and local practices matter.
- Seeking tax breaks, subsidy agreements or local investment incentives that require negotiation and documented commitments.
- Participating in government procurement, public-private partnerships or tender processes that require strict compliance with procurement rules.
- Responding to regulatory inspections, fines, administrative penalties or anti-corruption inquiries.
- Drafting or reviewing memoranda of understanding, cooperation agreements or project contracts with government entities.
- Handling disputes with government departments through administrative reconsideration, administrative litigation or negotiated settlement.
- Ensuring compliance with anti-bribery, anti-unfair competition and rules on interactions with public officials.
- Advising foreign investors and overseas organizations on registration, local partner arrangements and the management of cross-strait or free-trade zone projects in Xiamen.
The legal framework that governs government relations and lobbying activities in Xiamen mainly consists of national laws that apply across China, plus provincial and municipal regulations and administrative practices. Key areas to be aware of include:
- Criminal law on bribery and corruption: The PRC Criminal Law contains strict provisions against giving and receiving bribes, offering improper advantages to public officials and soliciting benefits. Penalties can be severe, including imprisonment and heavy fines.
- Anti-unfair competition and commercial bribery: The Anti-Unfair Competition Law and related rules prohibit commercial bribery and unfair practices when competing for business or government contracts.
- Administrative Procedure Law and administrative reconsideration: These laws set out how to challenge administrative acts, including the procedures for filing administrative reconsideration requests and administrative lawsuits against government decisions.
- Government procurement law and tender rules: Procurement processes at municipal and provincial levels must follow statutory tendering and bidding procedures, with strict requirements for disclosure, evaluation and award of contracts.
- Supervision and anti-corruption systems: Local supervisory commissions and discipline inspection organs implement anti-corruption policies and investigate improper conduct by public officials.
- Foreign NGO management and foreign investment law: If a foreign non-governmental organization or foreign investor seeks to engage government bodies in Xiamen, they must comply with the Law on Management of the Activities of Overseas Non-Governmental Organizations and the Foreign Investment Law, as well as local registration and filing rules.
- Regulations on civil servants and conflict-of-interest rules: Civil servant laws and related regulations restrict certain activities by public employees, including limits on post-employment activities, receipt of gifts and outside income.
- Local municipal regulations and incentive policies: Xiamen municipal government issues special rules and incentive measures for industries, zones and projects. Such local policies often require written application and signed agreements to secure promised benefits.
Lobbying-type activities are not per se illegal, but they are regulated indirectly by multiple laws. You can communicate with government officials and present proposals. However, offering money, gifts or improper advantages to influence decisions is illegal and can lead to criminal or administrative penalties.
China currently has no unified national lobbyist registration system. Xiamen does not have a formal public lobbyist registry like some other countries. Nevertheless, certain activities - for example acting as an agent in procurement or representing foreign NGOs - may require registration, filing or specific permits. Check the requirements of the particular municipal bureau you are dealing with.
Yes. It is common for businesses and organizations to meet with municipal or district agencies to discuss projects, incentives and approvals. Meetings should be documented, attended by appropriate representatives, and conducted transparently. Avoid offering gifts or anything that could be perceived as a bribe.
Hiring former officials is possible, but be cautious. There are national and local rules that limit certain activities by former civil servants for a specified period after leaving public office. Also ensure that any engagement does not involve improper leverage or confidential information obtained through prior government service.
Any offer, promise or transfer of money, valuable goods, services or benefits intended to influence a public official in the performance of their duties can be illegal. Even non-monetary benefits that create an improper advantage or compromise impartiality can trigger anti-corruption enforcement.
You have two main administrative remedies - administrative reconsideration and administrative litigation. Administrative reconsideration is an internal review carried out by a higher administrative organ. If that fails, you can bring an administrative lawsuit in the people's court. Timelines and procedural requirements apply, so seek counsel promptly.
Do not comply. Document the request in writing if possible, preserve any evidence such as messages or witnesses, and immediately consult a lawyer. Depending on circumstances, you may report the matter to the local supervisory commission or discipline inspection organ. Legal advice is important before taking public accusations.
Procurement disputes are typically handled under the Government Procurement Law and relevant regulations. There are procedures for filing complaints, administrative review and judicial remedies. Timely legal advice is important, because deadlines for objections and procurement challenges can be short.
Yes. Foreign companies and investors can engage with local government on investment, permits and incentives. They must comply with foreign investment rules, local registration requirements and, where applicable, foreign NGO management regulations. Using experienced local counsel helps navigate language, cultural norms and legal compliance.
Look for lawyers with experience in administrative law, government relations, procurement, anti-corruption compliance and the specific sector of your project. Confirm that the lawyer is licensed to practice in China and has local experience in Xiamen or Fujian province. Ask for references, examples of relevant cases, and a clear engagement letter outlining scope, fees and confidentiality.
The following types of local bodies and organizations can be helpful when seeking information or assistance in Xiamen - approach them through official channels and with legal counsel as appropriate:
- Xiamen Municipal People’s Government and its municipal bureaus for industry, commerce, development and reform, finance, human resources and social security, and natural resources.
- Xiamen Municipal Bureau of Market Regulation for procurement and competition issues.
- Xiamen Municipal Commission of Discipline Inspection and the Supervisory Commission for reporting corruption or improper requests by public officials.
- Xiamen Municipal Bureau of Justice or Fujian Provincial Bureau of Justice for records on licensed lawyers and legal aid resources.
- Xiamen Lawyers Association and Fujian Lawyers Association for referrals and professional standards.
- Local courts and administrative organs for procedural information on administrative litigation and reconsideration.
- Official published municipal regulations and notice bulletins for up-to-date incentive programs and filing requirements.
If you need legal assistance with government relations or lobbying matters in Xiamen, consider this practical roadmap:
- Gather basic documents and facts - permits, contracts, correspondence, meeting notes and timelines.
- Seek an initial consultation with a qualified Xiamen-based lawyer who understands administrative law and local practice.
- Confirm the lawyer’s credentials, relevant experience, fee structure and engagement terms in a written engagement letter.
- Preserve evidence and maintain clear, written records of all interactions with government officials and intermediaries.
- Implement or review compliance measures - anti-bribery policies, internal approval processes and training for staff who interact with government bodies.
- If facing an urgent request for improper payment, or a regulatory investigation, get immediate legal advice before responding or taking action.
- Use formal administrative remedies if necessary - administrative reconsideration or litigation - and follow procedural timelines closely.
Engaging informed local counsel early will improve your ability to navigate Xiamen’s legal and administrative environment while minimizing legal and reputational risk.
