The classification screen

4 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Who is the recipient?

Official, SOE, doctor, private buyer.

Who
02

Is there a pending tender or approval?

Purpose.

Why
03

On-books with fapiao?

Recording.

Books
04

Policy cap vs legal risk?

Policy is not a statute.

Policy

Working rule: PRC rules on gifts and hospitality sit in AUCL commercial bribery, Criminal Law (especially if officials or certain medical/public bodies), tax/fapiao, and employer policy.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Mooncake as a theory of the case
Ignoring a week of banquets.
Facts.
Personal WeChat red packet
From the sales lead.
Off-books.
Copy a USD 50 FCPA memo only
No AUCL analysis.
Incomplete.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Gift/entertainment registerIf it exists.
02Fapiao and attendeesWho sat at the table.
03Tender timelineWhy now.
Common confusions

Questions people ask before they build.

Short answers for orientation. The right result can change with the service model and current rules.

Are holiday gifts always OK?

Modest, recorded, no pending decision — lower risk, not zero. Officials remain sensitive.

Where is the statute page?

Use the linked specialist resource when Gifts and Entertainment Rules in China turns on detailed evidence, procedure or risk assessment.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

PRC Anti-Unfair Competition Law (NPC)
SAMR
Supreme People’s Procuratorate
National laws database (NPC)