Special Management Measures for Foreign Investment Access in Pilot Free Trade Zone (Negative List) (Version 20 19)
Special management measures 1. Agriculture, forestry, animal husbandry, fishery 1 wheat, corn variety breeding and seed production, the Chinese share ratio is not less than 34%. It is forbidden to invest in the research and development, breeding, planting and production of related propagation materials (including excellent genes in planting, animal husbandry and aquaculture) of rare and unique precious varieties in China. It is forbidden to invest in the breeding of genetically modified varieties of crops, livestock and poultry and aquatic seedlings and the production of genetically modified seeds (seedlings). 2. Mining industry 4 It is forbidden to invest in the exploration, mining and mineral processing of rare earth, radioactive minerals and tungsten. (Without permission, it is forbidden to enter the rare earth mining area or obtain mine geological data, ore samples and production technology. (3) manufacturing industry. It is forbidden to invest in the application of processing technologies such as steaming, frying, roasting and calcining of Chinese herbal pieces and the production of confidential formula products of Chinese patent medicines. Except for special purpose vehicles and new energy vehicles, the Chinese side holds no less than 50% of the shares in vehicle manufacturing, and the same foreign investor can set up two or less joint ventures in China to produce similar vehicle products. (In 2020, the restrictions on foreign-invested shares in commercial vehicle manufacturing will be abolished. In 2022, the restrictions on the foreign share ratio of passenger car manufacturing industry and the restriction that the same foreign investor can establish two or less joint ventures in China to produce similar vehicle products will be lifted. ) 7. Production of ground receiving facilities and key parts for satellite TV broadcasting. Production and supply of electricity, heat, gas and water 8 The construction and operation of nuclear power plants must be controlled by the Chinese side. The construction and operation of urban water supply and drainage pipe networks with a population of over 500,000 must be controlled by the Chinese side. V. Wholesale and Retail 10 It is forbidden to invest in the wholesale and retail of tobacco products such as tobacco leaves, cigarettes and redried tobacco leaves. Six, transportation, warehousing and postal 1 1 domestic water transport companies must be controlled by the Chinese side. (and shall not operate or lease China ships or space in disguised form to operate domestic waterway transportation business and its auxiliary business; Waterway transport operators shall not use foreign ships to operate domestic waterway transport business. However, with the approval of the China Municipal Government, if there are no China ships that meet the requirements for applying for transport in China and the ports or waters where the ships dock are open to the outside world, waterway transport operators may temporarily use foreign ships to operate maritime transport and towing between China ports within the time limit or voyage specified by the China Municipal Government. )
12 Special Administrative Measures Air transport companies are controlled by the Chinese side, and the investment ratio of foreign investors and their affiliated enterprises shall not exceed 25%. The legal representative shall be a citizen of China. (Only China air transport enterprises can operate domestic aviation business in China as designated carriers and provide regular and irregular international aviation services. ) 13 the legal representative of general aviation should be a citizen of China, among which the general aviation of agriculture, forestry and fishery is limited to joint venture, and other general aviation is limited to Chinese holding. 14 the construction and operation of the civil airport is controlled by the Chinese side. 15 investment in air traffic control is prohibited. 16 it is forbidden to invest in postal companies (and operate postal services) and domestic express delivery of letters. 7. Information transmission, software and information technology service industry 17 Telecom Company: Limited to the telecom services promised to open after China's entry into WTO, the proportion of foreign-funded shares in value-added telecom services shall not exceed 50% (except e-commerce, domestic multi-party communication, store-and-forward services and call centers), and the basic telecom services shall be controlled by the Chinese side (and the operators shall be legally established companies specializing in basic telecom services). The pilot policy of the original area (28.8 square kilometers) of Shanghai Pilot Free Trade Zone was extended to all pilot free trade zones. 18 It is forbidden to invest in Internet news information services, online publishing services, online audio-visual program services, Internet cultural management (except music), and Internet public release information services (except the contents that China has promised to open to the outside world). Eight, the financial industry 19 securities company's foreign shares ratio does not exceed 5 1%, and the securities investment fund management company's foreign shares ratio does not exceed 5 1%. (202 1 year, the restriction on the ratio of foreign shares was abolished) 20 The ratio of foreign shares of a futures company shall not exceed 5 1%. (202 1, the restriction on the ratio of foreign shares is cancelled) 2 1 The ratio of foreign shares of life insurance companies shall not exceed 5 1%. (202 1 lifting the restriction on the ratio of foreign shares) IX. Leasing and Business Services 22 It is forbidden to invest in legal affairs in China (except providing information on the legal environment impact in China) and not to become a partner of a domestic law firm. (Foreign law firms can only enter China in the form of representative offices, and may not employ lawyers practicing in China, and the auxiliary staff employed may not provide legal services to the parties; The establishment of a representative office or a representative office in China must be approved by the judicial administrative department of China. Market research is limited to joint ventures and cooperation, in which the radio and television listening and watching survey must be controlled by the Chinese side. There is no investment in social surveys. X. Scientific Research and Technical Services 25 It is forbidden to invest in the development and application of human stem cells and gene diagnosis and treatment technologies. It is forbidden to invest in humanities and social science research institutions. It is forbidden to invest in the compilation of geodesy, marine surveying and mapping, surveying aerial photography, ground movement survey, administrative boundary mapping, topographic map, world administrative map, national administrative map, provincial and below administrative map, national teaching map, local teaching map, true three-dimensional map and navigation electronic map, as well as regional geological mapping, mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geological disasters and remote sensing geology.
No. XI special management measures. Education 28 Pre-school, ordinary senior high schools and institutions of higher learning are limited to Sino-foreign cooperative education, and must be led by the Chinese side (the principal or principal administrative officer shall have China nationality (and have settled in China), and the Chinese members of the board of directors, board of directors or joint management committee shall not be less than 1/2). (Foreign educational institutions, other organizations or individuals may not independently set up schools and other educational institutions with China citizens as the main enrollment targets (excluding non-academic vocational skills training), but foreign educational institutions may cooperate with China educational institutions to set up educational institutions with China citizens as the main enrollment targets. It is forbidden to invest in compulsory education institutions and religious education institutions. Twelve. Health and Social Work 30 Medical institutions are limited to joint ventures and cooperation. Thirteen. Culture, Sports and Entertainment 3 1 Investment in news organizations (including but not limited to news agencies) is prohibited. (Foreign news organizations must obtain the approval of the China Municipal Government to set up permanent news agencies and send permanent journalists in China. Foreign news organizations providing news services in China must be approved by the China Municipal Government. Business cooperation between Chinese and foreign news organizations must be led by the Chinese side and approved by the China Municipal Government. It is forbidden to invest in the editing, publishing and production of books, newspapers, periodicals, audio-visual products and electronic publications. (However, with the approval of the China Municipal Government, Chinese and foreign publishing units can carry out news publishing and Chinese-foreign cooperative publishing projects under the condition of ensuring the business dominance and content final adjudication of the cooperative Chinese side and meeting other conditions approved by the China Municipal Government. Without the approval of the government of China, it is forbidden to provide financial information services in China. It is forbidden to invest in radio stations (stations), television stations (stations), radio and television channels (rates) and radio and television transmission coverage networks (transmitting stations, relay stations, radio and television satellites, satellite uplink stations, satellite transceiver stations, microwave stations, monitoring stations and cable radio and television transmission coverage networks, etc.). ), and it is prohibited to engage in radio and television video-on-demand services and satellite television broadcasting ground receiving facilities installation services. (The landing of overseas satellite channels is subject to the examination and approval system. It is forbidden to invest in radio and television program production and operation (including import business) companies. (The introduction of overseas TV dramas and other overseas TV programs by satellite transmission shall be declared by the designated unit of SARFT. Chinese-foreign cooperative production of TV dramas (including TV cartoons) is subject to a licensing system. It is forbidden to invest in film production companies, distribution companies, cinema companies and film import business. (However, with approval, Chinese and foreign enterprises are allowed to co-produce films. It is forbidden to invest in auction companies, cultural relics shops and state-owned cultural relics museums. It is forbidden to transfer, mortgage or lease immovable cultural relics and cultural relics prohibited from leaving the country to foreigners. Prohibit the establishment and operation of intangible cultural heritage investigation institutions; Overseas organizations or individuals conducting intangible cultural heritage investigation, archaeological investigation, exploration and excavation in China shall take the form of cooperation with China and obtain special approval. Performing arts groups must be controlled by the Chinese side.