Short answer: yes. Giving or taking a bribe in a business setting is a crime in China, and since May 2026 the money thresholds for private-sector bribery have been aligned with those for public officials.
The two offences you need to know
Commercial bribery in China turns on two articles of the Criminal Law. Article 163 covers a non-state functionary, such as a company manager or buyer, who accepts money or property in return for helping someone. Article 164 covers whoever pays the bribe. Both apply to private businesses, not just state-owned ones.
Penalties are tiered. Under Article 163, a relatively large amount carries up to three years; a large amount or other serious circumstances, three to ten years; an especially large amount, ten years to life. Article 164 runs from up to three years to three to ten years for a large amount.
The numbers matter. The Prosecution Standards for Filing Cases (II), Article 10, sets filing for Article 163 at 30,000 yuan or more. Article 11 sets filing for Article 164 at 30,000 yuan for an individual and 200,000 yuan for a unit. Judicial Interpretation No. 6 of 2026, in force from 1 May 2026, tied Articles 163 and 164 to the bribery standards for public officials, ending the old assumption that private-sector bribery was treated more leniently.
What this means in practice
Everyone does it is not a defence. A rebate, a consulting fee or a discounted deal given in exchange for favourable treatment can all be characterised as a bribe. Paying a bribe is treated as seriously as taking one, and a company can be liable too.
A short scenario
Suppose a purchasing manager accepts 50,000 yuan from a supplier to keep renewing a contract (hypothetical). That crosses the filing threshold, putting both the manager (Article 163) and the supplier (Article 164) at real criminal risk.
Q: Does commercial bribery only apply to state-owned companies?
A: No. Articles 163 and 164 are aimed at ordinary private businesses and their staff.
Q: How much triggers criminal liability?
A: Filing starts at 30,000 yuan for an individual; unit bribery under Article 164 starts at 200,000 yuan.
Q: Can the company be prosecuted, not just the employee?
A: Yes. Corporate bribery carries fines and can expose responsible managers to personal liability.
Q: Is there any benefit to cooperating?
A: Under Article 164, a briber who voluntarily comes forward before prosecution may receive a reduced or waived penalty.
The takeaway: treat any payment that buys favourable treatment as a criminal risk, because since May 2026 the private and public bribery lines are the same.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512