Special Administrative Measures for Foreign Investment in Pilot Free Trade Zones (Negative List)
I. Agriculture, Forestry, Animal Husbandry and Fisheries
(I)
Seed Industry
1. Investment in the research and development, breeding, cultivation, and production of breeding materials for rare and endemic valuable and excellent varieties in China is prohibited (including excellent genes for plantation, animal husbandry, and aquatic industry). excellent genes).
2. It is prohibited to invest in the selection and breeding of genetically modified varieties of agricultural crops, breeding livestock and poultry, and aquatic fry, as well as the production of genetically modified seeds (fry).
3. New varieties of agricultural crops and seed production are restricted and must be controlled by the Chinese side.
4. The collection of crop germplasm resources is prohibited without authorization.
(2)
Fishing
5. Fishing activities in waters under China's jurisdiction must be approved by the Chinese government.
6. Applications for ship-net gear indicators for the introduction of fishing vessels to operate in jurisdictional waters by means of cooperation or joint ventures will not be approved.
II. Mining Industry
(III)
Exclusive Economic Zone and Continental Shelf Exploration and Exploitation
7. Exploration and exploitation of natural resources in China's exclusive economic zone and continental shelf, or drilling for any purpose on China's continental shelf, shall be subject to the approval of the Chinese government.
(4)
Oil and natural gas exploitation
8. Exploration and exploitation of oil and natural gas (including oil shale, oil sands, shale gas, coal-bed methane and other unconventional oil and gas) is limited to joint ventures and cooperation.
(E)
Rare earths and rare minerals mining
9. Prohibit investment in rare earth exploration, mining and mineral processing; without permission, prohibited to enter the rare earth mining areas or access to mine geological information, ore samples and production process technology.
10. Prohibit investment in tungsten, molybdenum, tin, antimony, fluorite exploration and mining.
11. It is prohibited to invest in the exploration, mining and ore dressing of radioactive minerals.
(F)
Metallic and non-metallic mineral processing
12. Precious metals (gold, silver, platinum group) exploration, mining, belong to the restricted category.
13. Lithium mining, processing, belonging to the restricted category.
14. Graphite exploration, mining, belonging to the restricted category.
Three, manufacturing
(VII)
Aeronautical Manufacturing
15. Mainline and regional aircraft design, manufacturing and maintenance, 3-ton and above civil helicopter design and manufacturing, ground, surface effect aircraft manufacturing and unmanned aerial vehicle, floatation vehicle design and manufacturing, shall be controlled by the Chinese side.
16. General aircraft design, manufacture and maintenance is limited to joint ventures, cooperation.
(H)
Shipbuilding
17 marine low and medium-speed diesel engines and crankshaft manufacturing, shall be controlled by the Chinese side.
18. Marine engineering equipment (including modules) manufacturing and repair, shall be controlled by the Chinese side.
19. Ship (including sub-sections) repair, design and manufacture of restricted categories, must be controlled by the Chinese side.
(IX)
Automobile Manufacturing
20. Automobile, special-purpose vehicle manufacturing belongs to the restricted category, the Chinese party's shareholding of not less than 50%; the same foreign investors in the domestic production of the same type of (including two) the following two (including two) the production of vehicle products of the same type (passenger car class, commercial vehicle class) of the joint venture, such as joint venture partners with the Chinese side of the merger and acquisition of other domestic automobile manufacturers may not be subject to the limit of two. The limit of two.
21. Newly built pure electric passenger car manufacturers must use their own brands, own intellectual property rights and have been authorized by the relevant invention patents.
(J)
Rail transportation equipment manufacturing
22. Rail transportation equipment manufacturing is limited to joint ventures, cooperation (with high-speed rail, passenger rail line, intercity railroad supporting passenger service facilities and equipment research and development, design and manufacturing, high-speed rail, passenger rail line, intercity railway-related track and bridge equipment research and development, design and manufacturing, electrified railway equipment and equipment manufacturing. Electrification of railroad equipment and equipment manufacturing, railroad passenger car sewage equipment manufacturing, etc.).
23. Urban rail transit project equipment localization ratio must reach 70% and above.
(k)
Communication equipment manufacturing
24. Civil satellite design and manufacturing, civil satellite payload manufacturing shall be controlled by the Chinese side.
25. Satellite television broadcasting ground receiving facilities and the production of key components belong to the restricted category.
(XII)
Mineral Smelting and Calendering
26. Smelting of tungsten, molybdenum, tin (except tin compounds), antimony (including antimony oxide and antimony sulfide) and other rare metals belong to the restricted category.
27. Rare-earth smelting and separation are restricted, limited to joint ventures and cooperation.
28. Prohibit investment in radioactive mineral smelting, processing.
(xiii)
Pharmaceutical manufacturing
29. Prohibit investment in the "Regulations on the Protection and Management of Wild Medicinal Resources" and "China's List of Rare and Endangered Plants," the processing of Chinese herbal medicines.
30.It is prohibited to invest in the application of the techniques of steaming, frying, roasting, calcining and other concoctions of Chinese medicinal tablets and the production of confidential prescription products of proprietary Chinese medicines.
(xiv)
Other Manufacturing Industries
31. It is prohibited to invest in traditional ethnic crafts such as ivory carving, tiger bone processing, rice paper and ink spindle production.
Four, electricity, heat, gas and water production and supply
(xv)
Atomic energy
32. The construction and operation of nuclear power plants must be controlled by the Chinese side.
33. The production, operation, import and export of nuclear fuel, nuclear materials, uranium products and related nuclear technologies shall be monopolized by qualified central enterprises.
34. Only state-owned or state-controlled enterprises may engage in radioactive solid waste disposal activities.
(16)
Pipeline network facilities
35. The construction and operation of gas, heat and water supply and drainage networks in cities with a population of more than 500,000 are restricted and must be controlled by the Chinese side.
36. The construction and operation of power grids must be controlled by the Chinese side.
V. Wholesale and retail trade
(xvii)
Franchising and licensing
37. Tobacco franchise system. The production, sale, import and export of tobacco monopoly products (cigarettes, cigarillos, tobacco, tobacco, tobacco leaf, cigarette paper, filter sticks, cigarette tow, tobacco machinery) are subject to monopoly management, and a tobacco monopoly licensing system is in place. It is prohibited to invest in the wholesale and retail of tobacco, cigarettes, re-roasted tobacco and other tobacco products.
38. The central reserve grain (oil) franchise system. The China National Grain Reserve Management Corporation is specifically responsible for the acquisition, storage, operation and management of the central grain reserves (including the central reserve of oil).
39. Franchising and centralized and unified management of the sales of duty-free commodities is carried out.
40. The issuance and sale of lotteries are subject to licensing, and the issuance and sale of foreign lotteries within the territory of the People's Republic of China is prohibited.
VI. Transportation, warehousing and postal services
(XVIII)
Road transport
41. Road passenger transport companies belong to the restricted category.
(xix)
Railway Transportation
42. The construction and operation of the railroad trunk line network must be controlled by the Chinese side.
43. Railway passenger transportation companies belong to the restricted category and must be controlled by the Chinese side.
(xx)
Water transportation
44. Water transport companies (except for the Shanghai Pilot Free Trade Zone, the establishment of international ship transport enterprises) belongs to the restricted category, must be controlled by the Chinese side, and shall not be operated in the following businesses: (1) China's domestic waterway transportation business, including the chartering of ships of Chinese nationality or berths in disguise of the waterway transportation business; (2) the management of domestic ships, waterway passenger transport business; (3) the management of domestic ships, waterway passenger transport business, the management of domestic ships, waterway passenger transport, the management of domestic ship management, waterway passenger transport, the management of domestic ship management, waterway passenger transport business. Domestic ship management, waterway passenger transportation agency and waterway cargo transportation agency business.
45. The proportion of foreign investment in ship agency shall not exceed 51%.
46. Ship handling belongs to the restricted category, limited to joint ventures, cooperation.
47. Waterway transport operators shall not use foreign ships to operate domestic waterway transport business, except in special circumstances authorized by the Chinese government.
48. Sea transportation and towing between Chinese ports shall be operated by ships flying the flag of the People's Republic of China. The operation of maritime transportation and towage between Chinese ports by vessels of foreign nationality shall be subject to the approval of the Chinese Government.
(xxi)
Public **** air transportation
49. Public **** air transportation enterprises must be controlled by the Chinese side, a single foreign investor (including its affiliates) investment ratio of no more than 25%.
50.The chairman of the board of directors and legal representative of a public **** air transportation enterprise must be a Chinese citizen.
51.Foreign aircraft operators shall not operate transportation between two points in China.
52. Only China-designated carriers may operate in the bilateral air transportation market as determined by bilateral transportation agreements signed between China and other contracting parties.
(xxii)
General Aviation
53. Investments in general aviation enterprises specializing in agriculture, forestry and fishery operations in the form of joint ventures are permitted, while other general aviation enterprises must be controlled by the Chinese side.
54. Legal representatives of general aviation enterprises must be Chinese citizens.
55. It is prohibited for foreign aircraft or foreign personnel to engage in general aviation flights in important specialized fields such as aerial photography, remote sensing and mapping, and mineral resources exploration.
(xxiii)
Civil Airports and Air Traffic Control
56.It is prohibited to invest and operate air traffic control systems.
57. The construction and operation of civil airports must be relatively controlled by the Chinese side.
(xxiv)
Postal
58. Investment in postal enterprises and operation of postal services is prohibited.
59. The operation of domestic express delivery of letters is prohibited.
VII. Information Transmission, Software and Information Technology Services
(25)
Telecommunication Transmission Services
60. Telecommunication companies belong to the restricted category, limited to China's WTO accession commitments to open up the telecommunication business, of which: value-added telecommunication services (except e-commerce), the proportion of foreign investment does not exceed 50%, the basic telecommunication business operators must be established in accordance with the law Companies specializing in basic telecommunications business, and the company's Chinese equity or shares of not less than 51%.
(26)
Internet and related services
61. It is prohibited to invest in Internet news services, Internet publishing services, Internet audio-visual program services, Internet culture business (except music), Internet access service business establishments, and Internet public dissemination of information services (except for the content of the above services that have been opened up by China's WTO accession commitments).
62. It is prohibited to engage in the preparation and publication of maps on the Internet (except for the above services, which have been liberalized in China's WTO accession commitments).
63. Internet news and information service units and foreign investors to carry out cooperation involving Internet news and information service business, shall be reported to the Chinese government for security assessment.
VIII. Financial sector
(27)
Types of banking shareholders
64. Foreign investors investing in financial institutions in the banking sector shall be financial institutions or specific types of institutions. Specific requirements:
(1) wholly foreign-owned bank shareholders, foreign shareholders of Sino-foreign banks should be financial institutions, and the foreign party's sole or controlling/major shareholders should be commercial banks;
(2) investment in Chinese-funded commercial banks, trust companies should be financial institutions;
(3) investment in rural commercial banks, rural cooperative banks, rural credit (cooperative) associations, village banks shall be offshore banks;
(4) investment in financial leasing companies shall be financial institutions or financial leasing companies;
(5) the main contributor to a consumer finance company shall be a financial institution;
(6) investment in a currency brokerage company shall be a currency brokerage company;
(7) investment in a financial asset management company shall be a financial institution, and shall not participate in the initiation of the establishment of a financial asset management company, and shall not participate in the establishment of a financial asset management company. and shall not participate in the initiation of the establishment of a financial asset management company;
(8) Financial institutions if not specified by laws and regulations.
(28)
Banking Qualification Requirements
65. Foreign investors investing in banking financial institutions shall meet the requirement of a certain amount of total assets, including:
(1) the sole or controlling/principal shareholder of a foreign-funded legal entity bank or the parent bank of a branch of a foreign bank;
(2) the parent bank of a Chinese commercial bank, rural commercial bank, rural cooperative bank, rural bank, rural cooperative bank, rural bank, rural cooperative bank, rural bank, rural cooperative bank, rural bank, rural cooperative bank, rural bank, rural cooperative bank, rural cooperative bank, rural bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural cooperative bank, rural bank and rural cooperative bank. Commercial Banks, Rural Cooperative Banks, Rural Credit (Cooperative) Unions, Village Banks, Trust Companies, Financial Leasing Companies, Loan Companies, and Financial Asset Management Companies;
(3) Foreign investors of other banking financial institutions not explicitly excluded by laws and regulations.
66. Foreign investors investing in money brokers are required to fulfill specific conditions such as relevant years of business experience, global institutional network and information and communication network.
(xxix)
Banking Share Ratio Requirements
67. Foreign investors' shareholdings in Chinese commercial banks, rural commercial banks, rural cooperative banks, rural credit (cooperative) unions, financial asset management companies and other banking financial institutions are subject to the restrictions on the proportion of single shareholders' and aggregate shareholdings.
(30)
Foreign Banks
68. In addition to meeting the requirements for the type of shareholder organization and the qualification requirements, foreign banks are also subject to the following conditions:
(1) A branch of a foreign bank may not engage in the operation of "agency issuance, agency payment, underwriting, government bonds", "agency payment, underwriting", "agency payment of government bonds", "agency payment of government bonds", "agency payment of government bonds", "agency payment of government bonds", "agency payment of government bonds", "agency payment of government bonds", "agency payment of government bonds", "agent payment of government bonds", "agent payment of government bonds", "agent payment of government bonds", etc. Government bonds", "agent to receive and pay money", "engaged in bank card business", in addition to can absorb Chinese citizens each not less than 1 million yuan of time deposits, foreign bank branches shall not operate to Chinese citizens in the RMB business; the foreign bank branches shall not operate to Chinese citizens in the RMB business; the foreign bank branches shall not operate to Chinese citizens in the RMB business; the foreign bank branches shall not operate to Chinese citizens in the RMB business. Except for taking in RMB time deposits of not less than 1 million yuan each from citizens in China, foreign bank branches are not allowed to operate RMB business for Chinese citizens;
(2) foreign bank branches shall be allocated working capital by the head office without any compensation, and a part of the working capital shall be kept in a specific form and meet the corresponding management requirements;
(3) foreign bank branches are required to satisfy the requirement of RMB working capital adequacy (8%);
(4) foreign banks are allowed to operate RMB business subject to the minimum opening time requirement. minimum opening time requirement.
(xxxi)
Futures companies
69. Futures companies belong to the restricted category and must be controlled by the Chinese side.
(xxxii)
Securities companies
70. Securities companies belong to the restricted category, and the proportion of foreign investment shall not exceed 49%.
71.The proportion of shares of listed domestic securities companies held (including direct holding and indirect control) by a single foreign investor shall not exceed 20%; the proportion of shares of listed domestic securities companies held (including direct holding and indirect control) by all foreign investors shall not exceed 25%.
(33)
Securities investment fund management companies
72. Securities investment fund management companies belong to the restricted category, and the proportion of foreign investment shall not exceed 49%.
(xxxiv)
Securities and Futures Exchange
73. It is not permitted to become an ordinary member of a stock exchange or a member of a futures exchange.
74. Shall not apply for the opening of an A-share securities account as well as a futures account.
(35)
Establishment of Insurance Institutions
75. Insurance companies belong to the restricted category (the proportion of foreign investment in life insurance companies shall not exceed 50%), and domestic insurance companies shall hold no less than 75% of the shares of insurance asset management companies.
76. Foreign insurance companies applying for the establishment of foreign-funded insurance companies, as well as foreign financial institutions investing in insurance companies (with the exception of those purchasing shares of listed insurance companies through stock exchanges), must meet the conditions of years of operation and total assets stipulated by China's insurance regulators.
(36)
Insurance Business
77. Foreign-funded insurance companies are not allowed to engage in reinsurance ceding or ceding business with their affiliates without the approval of the Chinese insurance regulator.
IX. Leasing and Business Services
(37)
Accounting and Auditing
78. The chief partner of a CPA firm with special general partnership (or any other position performing the highest managerial duties) must have Chinese nationality.
(38)
Legal Services
79. Foreign law firms may only enter China in the form of a representative office, and the establishment of a representative office or stationing of a representative in China shall be subject to the authorization of the Chinese judicial administrative department.
80. Foreign law firms are prohibited from engaging in Chinese legal affairs and from becoming partners in domestic law firms.
81. The representative offices of foreign law firms in China are not allowed to employ Chinese lawyers, and the auxiliary personnel they employ are not allowed to provide legal services for their clients.
(39)
Statistical surveys
82. A system for recognizing the qualifications of foreign-related survey organizations and for approving foreign-related social survey projects is being implemented.
83. Investment in social surveys is prohibited.
84. Market research is a restricted category, limited to joint ventures and cooperation, of which radio and television listening and viewing surveys must be controlled by the Chinese side.
85. Rating services are restricted.
(40)
Other business services
86. The legal representative of the private exit-entry intermediary agencies must be a permanent resident in the territory of the Chinese citizens with full capacity for civil behavior.
X. Scientific Research and Technology Services
(41)
Professional and technical services
87. Prohibited from investing in geodesy, oceanographic surveying and mapping, mapping and aerial photography, mapping and surveying of administrative boundaries, topographic maps, maps of the world's political zones, the national political zones, the provincial level and the following political zones, the national educational maps, the local teaching maps, and true three-dimensional map compilation, navigation and navigation services, and the preparation of three-dimensional maps, and the preparation of three-dimensional maps. Three-dimensional map preparation, navigation electronic map preparation, regional geological mapping, mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geohazards, remote sensing geology and other surveys.
88. Surveying and mapping companies belong to the restricted category and must be controlled by the Chinese side.
89. Investment in human stem cells, gene diagnosis and treatment technology development and application is prohibited.
90. The establishment and operation of humanities and social sciences research institutes are prohibited.
XI. Water Conservancy, Environment and Public **** Facility Management Industry
(42)
Protection of Animal and Plant Resources
91. It is prohibited to invest in the development of wild animal and plant resources under state protection that originate in China.
92.It is prohibited to collect or acquire wild plants under state key protection.
XII. Education
(43)
Education
93. Foreign educational institutions, other organizations or individuals are prohibited from setting up separate schools and other educational institutions (excluding vocational skills training of a non-academic nature) whose primary enrollment is Chinese citizens.
94. Foreign educational institutions may cooperate with Chinese educational institutions to set up educational institutions with Chinese citizens as the main target of enrollment, and Chinese-foreign cooperative scholars may cooperate to set up educational institutions of all kinds and at all levels, but:
(1) they may not set up educational institutions for the implementation of compulsory education and for the implementation of special fields such as the military, the police, political and party schools;
(2) foreign religious organizations, religious institutions, religious colleges and universities and other educational institutions shall not be allowed to set up schools and other educational institutions (excluding non-academic vocational skills training). organizations, religious institutions, religious colleges and religious teachers shall not engage in cooperative school activities in China, and Sino-foreign cooperative school institutions shall not conduct religious education and carry out religious activities;
(3) General senior high school educational institutions, higher education institutions and pre-school education belongs to the restricted category, and shall be dominated by the Chinese side (the principal or the main administrative person in charge shall be Chinese nationals and settled in China; the The Chinese members of the council, board of directors or joint management committee shall not be less than 1/2; educational and teaching activities and curricular materials shall comply with the relevant laws and regulations and relevant provisions of China).
Thirteen, health and social work
(44)
Medical
95. Medical institutions belong to the restricted category, limited to joint ventures and cooperation.
XIV. Culture, Sports and Entertainment
(45)
Radio and television broadcasting, transmission, production and operation
96. It is prohibited to invest in the establishment and operation of radio stations at all levels, television stations, radio and television frequency channels and time slots, radio and television transmission and coverage networks (broadcasting and television transmitters, rebroadcasters [including relay stations, receiving stations], radio and television stations). , transposers], radio and television satellites, satellite uplink stations, satellite receiving stations, microwave stations, monitoring stations [stations] and cable radio and television transmission network, etc.), is prohibited to engage in broadcasting and television video on demand business and satellite television broadcasting ground receiving facilities installation services.
97. Prohibit investment in radio and television program production and management companies.
98. An approval system is in place for the landing of overseas satellite channels. The introduction of overseas film and television dramas and the introduction of other overseas television programs by satellite transmission shall be declared by units designated by the State Administration of Press, Publication, Radio, Film and Television.
99. A licensing system is in place for Chinese-foreign co-productions of television dramas (including animated television films).
(46)
Press and publication, broadcasting, film and television, financial information
100. Investment in the establishment of news agencies, newspapers and periodicals, publishing houses, as well as news organizations is prohibited.
101.The establishment of permanent news agencies by foreign news organizations in China and the dispatch of permanent journalists to China shall be subject to the approval of the Chinese government.
102. The provision of news services by foreign news agencies in China is subject to the approval of the Chinese government.
103. It is prohibited to invest in the publication and production of books, newspapers, periodicals, audio-visual products and electronic publications; and it is also prohibited to operate newspaper pages.
104. Business cooperation between Chinese and foreign news organizations, Chinese and foreign cooperative press and publishing projects must be led by the Chinese side, and must be approved by the Chinese government (approved by the Chinese government, allows domestic science and technology journals and foreign journals to establish copyright cooperation, the cooperation period of not more than five years, the expiry of the period of cooperation needs to be extended, you have to re-apply for approval. The Chinese side has the final right to review the content, and foreign personnel are not allowed to participate in the editing and publishing activities of the Chinese journals.)
105.It is prohibited to engage in the business of importing cultural products such as movies, radio and television programs, fine arts and digital literature databases and their publications (except for the above services which have already been opened up in China's WTO accession commitments).
106. Printing of publications is restricted and must be controlled by the Chinese side.
107.The provision of financial information services in China is prohibited without the approval of the Chinese government.
108. Overseas media (including foreign newspapers, periodicals, book publishers, audio-visual publishers, electronic publication publishing companies, as well as radio, film, television and other mass communication organizations) are not allowed to set up agencies or editorial offices in China. If they need to set up offices, they must be approved.
(47)
Film production, distribution and screening
109. Investment in film production companies, distribution companies and cinema companies is prohibited.
110.The Chinese government implements a licensing system for Chinese-foreign co-production of motion pictures.
111.The construction and operation of movie theaters must be controlled by Chinese parties. The exhibition of motion pictures shall be in accordance with the ratio of time between domestic and imported films as prescribed by the Chinese government. The annual screening time of domestic films shall not be less than 2/3 of the total annual screening time.
(48)
Intangible cultural heritage, cultural relics and archaeology
112. It is prohibited to invest in and operate auction enterprises for the sale of cultural relics, and purchase and sale enterprises for cultural relics.
113. Prohibit investment and operation of state-owned museums of cultural relics.
114. Prohibit immovable cultural relics and cultural relics prohibited by the state from leaving the country to be transferred, mortgaged, leased to foreigners.
115.It is prohibited to establish and operate organizations for the investigation of intangible cultural heritage.
116. Overseas organizations or individuals conducting surveys of intangible cultural heritage and archaeological surveys, prospecting and excavations in China shall take the form of cooperation with China and obtain special approval and permission.
(49)
Cultural entertainment
117. The establishment of performing arts groups is prohibited.
118. Performance agencies belong to the restricted category, must be controlled by the Chinese side (except for the provision of services for the province and city).
119. The construction and operation of large theme parks are restricted.
Fifteen, all industries
(50)
All industries
120. May not be engaged in business activities as an individual businessman, sole proprietor investor, or a member of a specialized farmer's cooperative.
121. The prohibited categories in the Catalogue for the Guidance of Foreign Investment Industries, as well as those labeled "limited to joint ventures", "limited to cooperation", "limited to joint ventures, cooperation", "Chinese party holding", "Chinese party relative holding" and foreign capital ratio requirements, shall not establish foreign-invested partnership enterprises.
122. Foreign investors' mergers and acquisitions of domestic enterprises, foreign investors' strategic investments in listed companies, and foreign investors' capital contributions from their equity interests in domestic enterprises involving foreign investment projects and enterprise establishment and changes shall be handled in accordance with the current regulations.
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