The General Office of the State Council issued the "Special Management Measures for Foreign Investment Access in Pilot Free Trade Zones (Negative List)", and the "Negative List" has been shortened again! The new version lists 122 special management measures, among which, there are There are 85 restrictive measures and 37 prohibitive measures. According to statistics, the 2015 version of the "Negative List" has 17 fewer items than the 2014 version. The new version of the "Negative List" is uniformly applicable to the four free trade pilot zones of Shanghai, Guangdong, Tianjin, and Fujian.

Special Management Measures for Foreign Investment Access in the Pilot Free Trade Zone (Negative List)

1. Agriculture, Forestry, Animal Husbandry, and Fishery

(1)

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Seed Industry

1. It is prohibited to invest in the research and development, breeding, planting and production of related propagation materials of China’s rare and unique precious and fine varieties (including fine quality seeds in planting, animal husbandry and aquaculture). Gene).

2. It is prohibited to invest in the selection and breeding of genetically modified crops, breeding livestock and poultry, and aquatic seedlings and the production of genetically modified seeds (seedlings).

3. The breeding of new crop varieties and seed production are restricted and must be controlled by the Chinese party.

4. It is prohibited to collect crop germplasm resources without approval.

(2)

Fishing

5. Fishing activities in waters under the jurisdiction of China must be approved by the Chinese government.

6. Applications for quotas for fishing vessels introduced through cooperation, joint ventures, etc. to operate in jurisdictional waters will not be approved.

II. Mining Industry

(III)

Exclusive Economic Zone and Continental Shelf Exploration and Development

7. Regarding China’s Exclusive Economic Zone and Continental Shelf Exploration and Development Exploration and development activities of natural resources on the continental shelf or drilling for any purpose on China’s continental shelf must be approved by the Chinese government.

(4)

Oil and natural gas extraction

8. Unconventional oil and natural gas (oil-bearing shale, oil sand, shale gas, coalbed methane, etc.) The exploration and development of oil and gas are limited to joint ventures and cooperation.

(5)

Rare earth and rare mineral mining and processing

9. It is prohibited to invest in rare earth exploration, mining and mineral processing; it is prohibited to enter rare earth mining areas or Obtain mine geological data, ore samples and production technology.

10. Investment in the exploration and mining of tungsten, molybdenum, tin, antimony and fluorite is prohibited.

11. Investment in the exploration, mining, and mineral processing of radioactive minerals is prohibited.

(6)

Metallic ore and non-metallic ore mining

12. Exploration and mining of precious metals (gold, silver, platinum group) are restricted categories .

13. Lithium mining and mineral processing are restricted categories.

14. Graphite exploration and mining are restricted categories.

3. Manufacturing

(7)

Aviation manufacturing

15. Design, manufacturing and maintenance of mainline and regional aircraft, 3 The design and manufacturing of civil helicopters of tonnage and above, the manufacturing of ground and water effect aircraft, and the design and manufacturing of unmanned aerial vehicles and aerostats must be controlled by the Chinese party.

16. General aircraft design, manufacturing and maintenance are limited to joint ventures and cooperation.

(8)

Ship Manufacturing

17. The manufacturing of marine low- and medium-speed diesel engines and crankshafts must be controlled by the Chinese party.

18. The manufacturing and repair of offshore engineering equipment (including modules) must be controlled by the Chinese party.

19. The repair, design and manufacturing of ships (including sections) are restricted and must be controlled by the Chinese party.

(9)

Automobile manufacturing

20. The manufacturing of complete automobiles and special-purpose vehicles belongs to the restricted category, and the Chinese shareholding ratio is not less than 50%; the same company Foreign investors can establish two or fewer joint ventures in China that produce complete vehicle products of the same type (passenger cars, commercial vehicles). If they jointly merge with Chinese joint venture partners to merge with other domestic automobile manufacturers, they are not subject to the two-person restriction. .

21. The products produced by newly built pure electric passenger vehicle manufacturers must use their own brands, have independent intellectual property rights and authorized relevant invention patents.

(10)

Rail transit equipment manufacturing

22. Rail transit equipment manufacturing is limited to joint ventures and cooperation (with high-speed railways, railway passenger dedicated lines, intercity R&D, design and manufacturing of supporting passenger service facilities and equipment for railways, R&D, design and manufacturing of track and bridge equipment related to high-speed railways, dedicated railway passenger lines, and intercity railways, manufacturing of electrified railway equipment and equipment, and manufacturing of railway passenger car sewage discharge equipment etc.).

23. The localization ratio of urban rail transit project equipment must reach 70% or above.

(11)

Communication equipment manufacturing

24. The design and manufacturing of civil satellites and the manufacturing of civilian satellite payloads must be controlled by the Chinese party.

25. The production of satellite TV broadcasting ground receiving facilities and key parts falls into the restricted category.

(12)

Mineral smelting and rolling processing

26. Tungsten, molybdenum, tin (except tin compounds), antimony (including antimony oxide and sulfide The smelting of rare metals such as antimony) falls into the restricted category.

27. Rare earth smelting and separation are restricted categories and are limited to joint ventures and cooperation.

28. Investment in the smelting and processing of radioactive minerals is prohibited.

(13)

Pharmaceutical manufacturing

29. Prohibited investment is included in the "Regulations on the Protection and Management of Wild Medicinal Resources" and the "List of Rare and Endangered Protected Plants in China" processing of traditional Chinese medicinal materials.

30. It is prohibited to invest in the application of processing technologies such as steaming, frying, broiling, and calcining of traditional Chinese medicine pieces and the production of confidential prescription products of proprietary Chinese medicines.

(14)

Other manufacturing industries

31. Investment in traditional ethnic crafts such as ivory carving, tiger bone processing, rice paper and ink ingot production is prohibited.

IV. Electricity, heat, gas and water production and supply industries

(15)

Atomic energy

32. Nuclear power plants Construction and operation must be controlled by the Chinese party.

33. The production, operation, import and export of nuclear fuel, nuclear materials, uranium products and related nuclear technologies shall be exclusively operated by qualified central enterprises.

34. Only state-owned or state-controlled enterprises can engage in radioactive solid waste disposal activities.

(16)

Pipeline network facilities

35. The construction and operation of urban gas, heat and water supply and drainage pipeline networks with a population of more than 500,000 are Restricted companies must be controlled by the Chinese party.

36. The construction and operation of the power grid must be controlled by the Chinese party.

5. Wholesale and retail trade

(17)

Monopoly and franchising

37. Implement a monopoly system for tobacco. The production, sales, import and export of tobacco specialty products (referring to cigarettes, cigars, cut tobacco, recured tobacco leaves, tobacco leaves, cigarette paper, filter rods, tobacco tows, and tobacco special machinery) are subject to monopoly management, and tobacco monopoly licenses are implemented certification system. Investment in the wholesale and retail of tobacco leaves, cigarettes, re-cured tobacco leaves and other tobacco products is prohibited.

38. Implement a monopoly system for central grain (oil) reserves. China Grain Reserves Management Corporation is specifically responsible for the acquisition, storage, operation and management of central grain reserves (including central oil reserves).

39. Implement franchising and centralized and unified management of duty-free commodity sales business.

40. Franchise the issuance and sales of lottery tickets, and prohibit the issuance and sale of overseas lottery tickets within the territory of the People's Republic of China.

6. Transportation, warehousing and postal industry

(18)

Road transportation

41. Road passenger transport companies belong to Restricted categories.

(19)

Railway transportation

42. The construction and operation of the main railway network must be controlled by the Chinese party.

43. Railway passenger transportation companies belong to the restricted category and must be controlled by the Chinese party.

(20)

Water transport

44. Water transport companies (except international shipping companies established in the Shanghai Free Trade Zone) belong to the restricted category , must be controlled by the Chinese party and shall not operate the following businesses: (1) China's domestic water transport business, including the disguised operation of water transport business by renting Chinese ships or cabins; (2) Domestic ship management, waterway passenger transport agency and waterway transport business Cargo transportation agency business.

45. The proportion of foreign investment in shipping agencies shall not exceed 51%.

46. Foreign ship tally belongs to the restricted category and is limited to joint ventures and cooperation.

47. Water transport operators are not allowed to use foreign ships to operate domestic water transport services, except under special circumstances approved by the Chinese government.

48. Maritime transportation and towage between Chinese ports are operated by ships flying the flag of the People's Republic of China. Foreign ships operating maritime transportation and towage between Chinese ports must obtain approval from the Chinese government.

(21)

Public *** air transport

49. Public *** air transport enterprises must be controlled by the Chinese party and have a single foreign investor (including its affiliated companies) the investment proportion shall not exceed 25%.

50. The chairman and legal representative of a public air transport enterprise must be a Chinese citizen.

51. Foreign aircraft operators are not allowed to operate transportation between two points in China.

52. Only China-designated carriers can operate the bilateral air transport market determined by bilateral transport agreements signed between China and other contracting parties.

(22)

General Aviation

53. It is allowed to invest in general aviation enterprises specializing in agriculture, forestry and fishery operations in the form of joint ventures, and other general aviation enterprises. Aviation companies must be controlled by Chinese parties.

54. The legal representative of a general aviation enterprise must be a Chinese citizen.

55. Foreign aircraft or foreign personnel are prohibited from engaging in general aviation flights in important professional fields such as aerial photography, remote sensing mapping, and mineral resource exploration.

(Twenty-three)

Civil airports and air traffic control

56. Investment and operation of air traffic control systems are prohibited.

57. The construction and operation of civil airports must be relatively controlled by the Chinese side.

(Twenty-four)

Postal services

58. It is prohibited to invest in postal enterprises and operate postal services.

59. Domestic express delivery business for letters is prohibited.

7. Information transmission, software and information technology services

(25)

Telecommunications transmission services

60. Telecommunications The company belongs to the restricted category and is limited to the telecommunications business that China has promised to open after joining the WTO, among which: the foreign investment ratio in value-added telecommunications business (except e-commerce) shall not exceed 50%, and the basic telecommunications business operator must be a company established in accordance with the law to specialize in basic telecommunications business, and The Chinese equity or shares of the company shall not be less than 51%.

(26)

Internet and related services

61. It is prohibited to invest in Internet news services, online publishing services, online audio-visual program services, and online cultural operations (Except for music), Internet access service business premises, and Internet public information release services (the above services except the content that has been opened in China's WTO accession commitments).

62. It is prohibited to engage in Internet map compilation and publishing activities (except for the above-mentioned services that have been opened in China’s WTO commitments).

63. Internet news information service units that cooperate with foreign investors involving Internet news information service business should report to the Chinese government for security assessment.

8. Financial Industry

(Twenty-seven)

Requirements for shareholder institution types in the banking industry

64. Foreign investors invest in banks A professional financial institution should be a financial institution or a specific type of institution. Specific requirements:

(1) The shareholders of wholly foreign-owned banks and foreign shareholders of Sino-foreign joint venture banks should be financial institutions, and the sole or controlling/major foreign shareholder should be a commercial bank;

(2) Those who invest in Chinese-funded commercial banks and trust companies should be financial institutions;

(3) Those who invest in rural commercial banks, rural cooperative banks, rural credit (cooperative) associations, and village and town banks should be overseas Banks;

(4) Investors in financial leasing companies should be financial institutions or financial leasing companies;

(5) The main investors of consumer finance companies should be financial institutions;

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(6) Those who invest in currency brokerage companies should be currency brokerage companies;

(7) Those who invest in financial asset management companies should be financial institutions, and must not participate in the establishment of financial asset management companies;

(8) Those not specified in laws and regulations should be financial institutions.

(28)

Banking Industry Qualification Requirements

65. Foreign investors investing in banking financial institutions must meet a certain amount of total assets requirements, specific Including:

(1) The sole or controlling/major shareholder of a foreign-funded corporate bank, the parent bank of a foreign bank branch;

(2) Chinese-funded commercial banks, rural commercial banks, Foreign investors of rural cooperative banks, rural credit (cooperative) cooperatives, village banks, trust companies, financial leasing companies, loan companies, and financial asset management companies;

(3) Inapplicable if laws and regulations are not specified foreign investors of other banking financial institutions.

66. Foreign investors investing in currency brokerage companies must meet specific conditions such as relevant business years, global institutional network and information communication network.

(29)

Banking industry share ratio requirements

67. Foreign investors invest in Chinese-funded commercial banks, rural commercial banks, rural cooperative banks, Banking financial institutions such as rural credit (cooperative) cooperatives and financial asset management companies are subject to single shareholder and total shareholding ratio restrictions.

(Thirty)

Foreign-funded banks

68. In addition to meeting the shareholder institution type requirements and qualification requirements, foreign-funded banks are also subject to the following conditions:< /p>

(1) Branches of foreign banks are not allowed to engage in "agency issuance, agency redemption, underwriting of government bonds", "agency collection and payment of payments", "engagement in business" permitted by the "Law of the People's Republic of China and the People's Republic of China on Commercial Banks" "Bank card business", except that they can accept time deposits of not less than 1 million yuan each from Chinese citizens, foreign bank branches are not allowed to operate RMB business for Chinese citizens;

(2) Foreign banks Branches should allocate working capital free of charge from the head office, and part of the working capital should exist in specific forms and comply with corresponding management requirements;

(3) Foreign bank branches must meet the RMB working capital adequacy (8%) requirements;

(4) Foreign-funded banks that are allowed to operate RMB business must meet the minimum opening hours requirements.

(31)

Futures Company

69. Futures companies belong to the restricted category and must be controlled by the Chinese party.

(32)

Securities companies

70. Securities companies belong to the restricted category, and the proportion of foreign capital does not exceed 49%.

71. A single foreign investor holds (including direct holding and indirect control) no more than 20% of the shares of a listed domestic securities company; all foreign investors hold (including direct holding and indirect control) ) The proportion of shares of listed domestic securities companies shall not exceed 25%.

(33)

Securities investment fund management companies

72. Securities investment fund management companies belong to the restricted category, with the proportion of foreign capital not exceeding 49%.

(34)

Securities and futures trading

73. You are not allowed to become an ordinary member of a stock exchange or a member of a futures exchange.

74. You are not allowed to apply to open A-share securities accounts and futures accounts.

(35)

Establishment of insurance institutions

75. Insurance companies belong to the restricted category (the proportion of foreign capital in life insurance companies shall not exceed 50%). Domestic insurance companies The total shares held in insurance asset management companies shall not be less than 75%.

76. Foreign insurance companies that apply to establish foreign-funded insurance companies, as well as overseas financial institutions that invest in insurance companies (except those that purchase shares of listed insurance companies through stock exchanges), must comply with the provisions of the Chinese insurance regulatory authorities. Conditions such as operating years and total assets.

(36)

Insurance business

77. Foreign-funded insurance companies are not allowed to engage in reinsurance cession with their affiliated enterprises without the approval of the Chinese insurance regulatory authorities. Or divided into businesses.

9. Leasing and business services

(37)

Accounting and auditing

78. Served as a special general partnership accounting firm The chief partner of the firm (or other positions performing top management responsibilities) must have Chinese nationality.

(38)

Legal Services

79. Foreign law firms can only enter China as representative offices and set up representative offices in China. Delegation of representatives must be approved by the judicial administrative department of China.

80. Prohibited from engaging in Chinese legal affairs and not becoming a partner of a domestic law firm.

81. Representative offices of foreign law firms in China are not allowed to hire Chinese practicing lawyers, and the auxiliary personnel they hire are not allowed to provide legal services to the parties.

(39)

Statistical Investigation

82. Implement the qualification accreditation system for foreign-related investigation agencies and the approval system for foreign-related social investigation projects.

83. Investment in social surveys is prohibited.

84. Market research is a restricted category and is limited to joint ventures and cooperation. Among them, radio and television listening and ratings surveys must be controlled by the Chinese party.

85. Rating services are restricted categories.

(Forty)

Other business services

86. The legal representative of a private immigration agency must have a permanent residence in the country and have full civil conduct capable Chinese citizens.

10. Scientific research and technical services

(41)

Professional technical services

87. Investment in geodesy is prohibited , marine surveying and mapping, surveying and mapping aerial photography, administrative area boundary surveying and mapping, topographic maps, world political district maps, national political district maps, provincial and lower political district maps, national teaching maps, local teaching maps and true three-dimensional map compilation, navigation Electronic map preparation, regional geological mapping, mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geological hazards, remote sensing geology and other surveys.

88. Surveying and mapping companies belong to the restricted category and must be controlled by the Chinese party.

89. Investment in the development and application of human stem cells, genetic diagnosis and treatment technologies is prohibited.

90. It is prohibited to establish and operate humanities and social science research institutions.

11. Water conservancy, environment and public facilities management industry

(42)

Animal and plant resource protection

91. Investment in the development of state-protected wild animal and plant resources originating in China is prohibited.

92. It is prohibited to collect or purchase wild plants under national key protection.

12. Education

(43)

Education

93. Foreign educational institutions, other organizations or individuals shall not travel alone Establish schools and other educational institutions with Chinese citizens as the main enrollment target (excluding non-academic vocational skills training).

94. Foreign educational institutions can cooperate with Chinese educational institutions to establish educational institutions with Chinese citizens as the main enrollment targets, and Chinese-foreign cooperative education institutions can cooperate to establish various types of educational institutions at all levels, but:

(1) Educational institutions in special fields such as military, police, political and party schools are not allowed to be established to implement compulsory education;

(2) Foreign religious organizations, religious institutions, religious schools and religious teaching positions Personnel are not allowed to engage in cooperative education activities in China, and Chinese-foreign cooperative education institutions are not allowed to conduct religious education and carry out religious activities;

(3) Ordinary high school education institutions, higher education institutions and preschool education belong to the restricted category and must be organized by Chinese-led (the principal or main administrative person in charge must have Chinese nationality and reside in China; the number of Chinese members on the council, board of directors or joint management committee shall not be less than 1/2; educational and teaching activities and course materials must comply with relevant laws and regulations of my country and relevant regulations).

13. Health and Social Work

(44)

Medical

95. Medical institutions belong to the restricted category and are limited to Joint venture, cooperation.

14. Culture, Sports and Entertainment Industry

(45)

Broadcasting, transmission, production and operation of radio and television

< p>96. It is prohibited to invest in the establishment and operation of radio stations (stations), television stations (stations), radio and television frequency channels and time slots, radio and television transmission coverage networks (radio and television transmitting stations, relay stations (including differential relay stations, receiving relay stations) at all levels ), radio and television satellites, satellite uplink stations, satellite transceiver stations, microwave stations, monitoring stations [stations] and cable radio and television transmission coverage networks, etc.) are prohibited from engaging in radio and television video on demand business and satellite television broadcast ground receiving facility installation services.

97. Investment in radio and television program production and operation companies is prohibited.

98. Implement an approval system for the launch of overseas satellite channels. The introduction of overseas film and television dramas and the introduction of other overseas TV programs through satellite transmission shall be reported by units designated by the State Administration of Press, Publication, Radio, Film and Television.

99. Implement a licensing system for Sino-foreign cooperative production of TV series (including TV cartoons).

(46)

News and publishing, radio, film and television, financial information

100. It is prohibited to invest in the establishment of news agencies, newspaper agencies, publishing houses and news organizations.

101. Foreign news organizations that establish permanent news organizations in China and dispatch resident reporters to China must obtain approval from the Chinese government.

102. The news services provided by foreign news agencies in China must be approved by the Chinese government.

103. It is prohibited to invest in the publishing and production business of books, newspapers, periodicals, audio-visual products and electronic publications; it is prohibited to operate newspapers and periodicals.

104. Business cooperation between Chinese and foreign news organizations and Chinese-foreign cooperative news publishing projects must be led by the Chinese party and must be approved by the Chinese government (with the approval of the Chinese government, domestic science and technology journals are allowed to establish copyright cooperation relationships with overseas journals) , the cooperation period shall not exceed 5 years. If the cooperation period expires and needs to be extended, the Chinese side shall have the final approval of the content, and foreign personnel shall not participate in the editing and publishing activities of Chinese journals.)

105. It is prohibited to engage in the business of importing cultural products such as movies, radio and television programs, fine arts, digital document databases and publications (the above-mentioned services are except those that have been opened in China’s WTO commitments).

106. Publication printing is a restricted category and must be controlled by the Chinese party.

107. It is prohibited to provide financial information services within China without the approval of the Chinese government.

108. Overseas media (including foreign and Hong Kong, Macao and Taiwan region newspapers, periodicals, book publishing houses, audio and video publishing houses, electronic publication publishing companies, and mass media organizations such as radio, film, and television) are not allowed to operate in China Establish an agency or editorial office within the country. If you need to set up an office, approval is required.

(47)

Film production, distribution, and screening

109. Investment in film production companies, distribution companies, and theater companies is prohibited.

110. The Chinese government implements a licensing system for Sino-foreign co-production of films.

111. The construction and operation of cinemas must be controlled by the Chinese party. Screening of films should comply with the ratio of screening time of domestic films to imported films stipulated by the Chinese government. The screening unit's annual screening time of domestic films shall not be less than 2/3 of the total annual screening time of films.

(48)

Intangible cultural heritage, cultural relics and archeology

112. It is prohibited to invest in and operate auction companies and cultural relic purchase and sale companies that auction cultural relics.

113. It is prohibited to invest in and operate state-owned cultural relics museums.

114. It is prohibited to transfer, mortgage or lease immovable cultural relics and cultural relics prohibited by the state from leaving the country to foreigners.

115. It is prohibited to establish and operate intangible cultural heritage investigation agencies.

116. Overseas organizations or individuals conducting intangible cultural heritage surveys and archaeological surveys, exploration, and excavations in China should adopt the form of cooperation with China and obtain special approval and permission.

(49)

Cultural and Entertainment

117. The establishment of theatrical performance groups is prohibited.

118. Performance brokerage agencies belong to the restricted category and must be controlled by the Chinese party (except those that provide services to the province and city).

119. The construction and operation of large-scale theme parks are restricted.

15. All industries

(Fifty)

All industries

120. Not allowed to be an individual industrial and commercial household or a sole proprietorship Investors and members of farmers' professional cooperatives are engaged in business activities.

121. The prohibited categories and labels in the "Guidance Catalog of Industries for Foreign Investment" include "limited to joint ventures", "limited to cooperation", "limited to joint ventures and cooperation", "Chinese party holding", "Chinese party relative holding" For projects with foreign investment proportion requirements, foreign-invested partnerships are not allowed to be established.

122. Mergers and acquisitions of domestic enterprises by foreign investors, strategic investments by foreign investors in listed companies, and capital contributions by foreign investors with their equity holdings in Chinese domestic enterprises involving foreign investment projects and enterprise establishment and change matters , handled in accordance with current regulations.

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