China will unveil a new regulation on commercial franchises to
boost the development of the country's new business model.
Guo Geping, chairman of the China Chain Store and Franchise
Association (CCFA), said the first commercial franchise regulation
will be publicized in the next five months in order to fit into the
rapid expansion of the franchise sector in China.
The former Ministry of Internal Trade issued its management rules
on commercial franchise operations in November 1997, which was an
industrial rule without legal effects.
The new regulation is aimed at ensuring franchise store runners
carry out their commitment to franchise brand owners and should
ensure the quality of the stores, Guo said.
Franchise store runners will be protected by the new regulation in
the case of franchise brand companies going bankrupt, Guo
added.
The regulation will also help attract more overseas franchise
brands to China, Guo said, noting that some foreign brand owners
are hesitant about coming to China because of a lack of legal
protection here.
Men Xiaowei, vice-director of the Market Bureau under the State Economic
and Trade Commission, which is responsible for drafting the
regulation, said the draft has been completed and will soon be
submitted for review by the State Council.
"It is expected to be implemented before the end of this year after
winning approval from the State Council."
The completed draft is split into eight sections with 45 items.
The proposed regulations will involve the rights and obligations of
parties engaging in franchised operations, a basic framework for
franchised business contracts, transparency of information,
advertising and punishment for lawbreakers, Men said.
Compared with other business modes, franchises need more
comprehensive laws and regulations as a guarantee for its
development.
"Because the franchise does not expand by tangible assets such as
capital and equipment, but the use of permission of trademarks,
patents and special running modes," he said.
Compared with the current industrial rule on franchise operations,
he disclosed that new regulations will closely address information
availability, advertising issues and punishment rules.
It
is necessary to stipulate precious and timely information disclosed
by franchisers, which is key to franchising relationship and
protecting interests of franchisees, Men said.
There were no clear definitions on this regard in the former
industrial rule.
Meanwhile, advertisements which mislead investors and coax them
into franchises will be prevented by the new regulation.
The regulation will also offer detailed definitions on franchise
fee collection and special stipulations for the catering
industry.
Because of the lack of strong and effective regulations, copyright
issues, the disclosure of commercial secrets and other problems
have cropped up in line with the rapid growth in franchised
businesses.
Although not big in scale, the franchise sector has witnessed a
rocketing growth in China as a new business mode introduced less
than a decade ago.
Its sales growth hit 40 percent on average in the past three years,
far more than the 10 percent annual growth of national consumer
goods.
According to statistics from CCFA, franchisers in China totaled
1,000 last year, rising 40 percent from that of 2000.
More than 50 industries have applied for franchise operations,
including traditional sectors of catering, retailing and individual
services, as well as some newly developed fields of education,
commercial service, family service and automotive care.
In
terms of the number of franchisers, the catering industry leads by
35 percent, while retailing accounts for 30 percent, life services
such as laundry 10 percent, and auto sales, care and leasing 3
percent.
Nearly half of the top 100 restaurant companies are utilizing
franchise business models, and their business earnings
significantly surpass those of independently operated companies,
according to a survey by the China General Chamber of Commerce.
Malan Noodles Company is the largest domestic franchiser with 361
outlets.
Franchise also has been a major way of expansion in retail chain
stores.
In
the top 100 chain stores listed by the State Economic and Trade
Commission last year, 61 enterprises are franchisers.
Their 5,400 franchised outlets achieved a sales revenue of 27
billion yuan (US$3.26 billion) last year.
The franchisers saw faster growth than those applying for direct
operations in outlet numbers and sales revenue.
With comparatively low costs and low risks associated with
franchising an established brand name, the future looks bright for
the sector, said Li Xihua, professor of the Commercial Economic
Research Institution.
It
is estimated that franchising generates about 50 billion yuan
(US$6.04 billion) each year, only 2 percent of all retail sales in
China.
The world average is more than 40 percent, he said.
China's good economic environment is creating more franchisers,
said Ren Xingzhou, market economist from the Development and Research
Center with the State Council.
Increasing numbers of enterprises became qualified for being
franchisers after they improved their brands, technology and
management, he said.
On
the other side, enterprises without a strong capacity to become
franchisers and individuals are looking for good investment
opportunities as money in their hands keep increasing as China's
economy continues to grow, he added.
The huge potential of the franchise sector cannot be calculated
purely by its benefits, many related industries can make money from
it, which makes the market share bigger.
For example, law firms, consulting companies, real estate companies
and financial institutions can all benefit from the prospering
industry.
However, there are some practical reasons besides a lack of
regulations that have hindered the fast development of franchising
in China.
(China Daily July 8,
2002)