Short answer: giving money or property to a state functionary to obtain an improper benefit is the crime of bribery (行贿罪) under Article 390 of the Criminal Law. The penalty is up to three years’ imprisonment or criminal detention plus a fine; three to ten years where the circumstances are serious or major damage is caused to state interests; and ten years to life in especially serious cases, plus a fine or confiscation of property.

What counts as bribery: Article 389

Article 389 defines the offence: giving property to a state functionary in order to obtain an improper benefit is bribery. In business dealings, paying a state functionary a kickback or a “commission” in breach of state rules is treated as bribery as well. There is one narrow exception — if you were extorted for the money and obtained no improper benefit, it is not bribery.

Amounts matter. Under the judicial interpretation on bribery (法释〔2016〕9号), the criminal threshold is RMB 30,000. Sums between RMB 10,000 and 30,000 are also prosecuted where aggravating factors exist — bribing three or more officials, paying with the proceeds of crime, paying for a promotion, bribing food, drug, work-safety or environmental regulators, or bribing a judge or prosecutor.

What changed on 1 March 2024

Amendment XII to the Criminal Law rewrote Article 390, and the old five-year starting point is gone: the first tier is now up to three years with a fine. But the amendment added seven aggravating circumstances that push sentencing upwards, including multiple bribes or bribes to several officials, bribing a supervision, law-enforcement or judicial officer, bribes in national key projects or for a promotion, and bribes in sectors such as finance, food and drugs, healthcare and work safety. Leniency survives: a bribe-giver who comes forward before prosecution can receive a lighter or reduced sentence, and a minor bribe that proved key to breaking a major case can even be exempted.

A company is not a shield

Where a unit decides to pay a bribe and the benefit goes to the unit, it is unit bribery under Article 393: a fine on the company plus up to three years for the directly responsible managers (three to ten years in especially serious cases). The 2026 interpretation (法释〔2026〕6号, in force 1 May 2026) sets RMB 200,000 as the threshold for serious circumstances in unit bribery, and warns that where personal and company assets are heavily mixed and the benefit really goes to an individual, the managers are prosecuted for individual bribery instead. The same interpretation confirms that bribing a private company’s employee (Article 164) is now punished by reference to the same standards as bribing a state official — a “gift” to a client’s purchasing manager is no longer the cheap option it once was.

One scenario to keep in mind

Take a hypothetical: a foreign-invested company pays a “consulting fee” to a licensing official’s relative to speed up an approval. Even if the payment is framed as a service fee, it is bribery where the purpose was an improper benefit — and the relative can be prosecuted too. Coming forward early, before investigators knock, is the single most valuable decision in these cases.

Bottom line: bribery in China is not a cost of doing business with a predictable ceiling. Small amounts matter, corporate and personal liability overlap, and how early you cooperate decides how hard the punishment lands.

Related reading: What Is the Punishment for Corruption in China? | What Is Commercial Bribery in China?

FAQ

Q: What is the punishment for bribery in China?

A: Under Article 390 of the Criminal Law the penalty is up to three years of imprisonment or criminal detention plus a fine; three to ten years where the circumstances are serious or major damage is caused to state interests; and ten years to life in especially serious cases, plus a fine or confiscation of property.

Q: What is the criminal threshold amount for bribery?

A: Under the judicial interpretation on bribery, the criminal threshold is RMB 30,000. Sums between RMB 10,000 and 30,000 are also prosecuted where aggravating factors exist.

Q: What changed with Amendment XII to the Criminal Law?

A: Amendment XII rewrote Article 390, and the old five-year starting point is gone: the first tier is now up to three years with a fine. The amendment also added seven aggravating circumstances that push sentencing upwards.

Q: Can a company be liable for bribery?

A: Yes. Where a unit decides to pay a bribe and the benefit goes to the unit, it is unit bribery under Article 393: a fine on the company plus up to three years for the directly responsible managers, and three to ten years in especially serious cases.

Q: Does coming forward early help a bribe-giver?

A: Yes. A bribe-giver who comes forward before prosecution can receive a lighter or reduced sentence, and a minor bribe that proved key to breaking a major case can even be exempted. Coming forward early, before investigators knock, is the single most valuable decision in these cases.

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Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512