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Special management measures for foreign investment access (negative list) (version 20 18)
1. The Special Administrative Measures for Foreign Investment Access (Negative List) (hereinafter referred to as the Negative List for Foreign Investment Access) uniformly lists the special administrative measures for foreign investment access such as equity requirements and executive requirements. Areas outside the negative list of foreign investment access shall be managed in accordance with the principle of consistency between domestic and foreign investment. 2. The negative list of foreign investment access lists the transition period of canceling or relaxing access restrictions in some areas, and the access restrictions will be cancelled or relaxed on time after the transition period. 3. Foreign investors shall not engage in investment and business activities as individual industrial and commercial households, investors of sole proprietorship enterprises or members of farmers' professional cooperatives. 4. Foreign investment is prohibited in the negative list of foreign investment access, and foreign investment is not allowed; Investment in non-prohibited investment areas within the negative list of foreign investment access must be subject to foreign investment access permit; Foreign-invested partnerships may not be established to invest in areas with equity requirements. Five, domestic companies, enterprises or natural persons and overseas legally established or controlled companies merger and acquisition of domestic related companies, involving foreign investment projects and enterprise establishment and change matters, according to the existing provisions. Six, the "negative list of foreign investment access" is not listed in the cultural, financial and other fields and administrative examination and approval, qualification, national security and other related measures, according to the existing regulations. 7. The Mainland and Hong Kong Closer Economic Partnership Arrangement and its subsequent agreements, the Mainland and Macao Closer Economic Partnership Arrangement and its subsequent agreements, the Framework Agreement on Cross-Strait Economic Cooperation and its subsequent agreements, the free trade zone agreements and investment agreements signed between China and relevant countries, and the international treaties to which China is a party have more favorable opening measures for qualified investors, and the relevant agreements or agreements shall prevail. In special economic zones such as the Pilot Free Trade Zone, if more favorable opening measures are implemented for qualified investors, the relevant provisions shall be followed. Eight, the "negative list of foreign investment access" by the development and Reform Commission, the Ministry of Commerce in conjunction with the relevant departments responsible for the interpretation of.

Special management measures for foreign investment access (negative list) (version 20 18)

Special management measures in serial number field 1. Agriculture, forestry, animal husbandry and fishery

( 1)

Seed Industry

1. The cultivation of new varieties of wheat and corn and seed production must be controlled by the Chinese side.

2. It is forbidden to invest in research and development, breeding, planting and related propagation materials of rare and unique rare varieties in China.

Feed production (including excellent genes in planting, animal husbandry and aquaculture).

3. It is forbidden to invest in the breeding of genetically modified varieties of crops, livestock and poultry and aquatic seedlings and the breeding of genetically modified seeds (seedlings).

Production. (ii) Fisheries. It is forbidden to invest in fishing aquatic products in waters under our jurisdiction and inland waters. Second, the mining industry.

(3)

Oil and the sky

gas exploitation

work

5. Exploration and development of oil and natural gas (including coalbed methane, oil shale, oil sands and shale gas). ) only

Joint venture and cooperation.

(4)

nonferrous metal

Minerals and non-gold

Belonging to ore mining and beneficiation

And mining assistant.

Assist activities

6. It is forbidden to invest in the exploration and exploitation of tungsten, molybdenum, tin, antimony and fluorite.

7. It is forbidden to invest in rare earth exploration, mining and mineral processing.

8. It is forbidden to invest in exploration, mining and mineral processing of radioactive minerals.

Three. Manufacturing industry (5) printing industry. The printing of publications must be controlled by the Chinese side.

(6)

Nuclear fuel and

Nuclear radiation plus

industry

10. It is forbidden to invest in smelting and processing radioactive minerals and nuclear fuel production.

(7)

Traditional Chinese medicine decoction pieces

Processing and neutralization

Production of finished medicine

1 1. It is forbidden to invest in the application of processing technologies such as steaming, frying, roasting and calcining Chinese herbal pieces, and confidential formula products of Chinese patent medicines.

Production.

(8)

automobile making

work

12. Except for special purpose vehicles and new energy vehicles, the proportion of Chinese shares in vehicle manufacturing is not less than 50%, and it is also a foreign-funded company.

Two or less joint ventures can be established in China to produce similar automobile products. (cancelled in 2020)

Foreign-funded stock ratio restriction in automobile manufacturing industry. In 2022, the restrictions on the ratio of foreign shares in passenger car manufacturing and the restrictions on the same foreign company will be abolished.

Restrict the establishment of two or less joint ventures in China to produce similar automobile products)

(9)

Communication equipment

manufacture

13. Production of ground receiving facilities and key parts for satellite TV broadcasting.

( 10)

Other manufacturing industries

work

14. It is forbidden to invest and manufacture Xuan paper in Mo Ding.

Special management measures in serial number field IV. Electricity, heat, gas and water production and supply industries (XI) Nuclear power generation 15. The construction and operation of nuclear power plants must be controlled by the Chinese side.

( 12)

Pipe network facilities

16. The construction and operation of urban gas, heat, water supply and drainage networks with an urban population of over 500,000 are controlled by the Chinese side.

Shares. V. Wholesale and Retail Trade (XIII) Tobacco Products 17. 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 services

( 14)

transport by water

Industry 18. Domestic water transport companies must be controlled by the Chinese side.

19. Domestic shipping agents must be controlled by the Chinese side.

( 15)

Air passenger and freight transport

Transport 20. Public air transport companies must be controlled by the Chinese side, and the investment proportion of foreign investors and their affiliated enterprises shall not exceed.

25%, the legal representative must be a citizen of China.

( 16)

Special aviation

Service 2 1. The legal representative of general aviation shall be a citizen of China, including general aviation for agriculture, forestry and fisheries.

The company is limited to joint venture, and other general airlines are limited to Chinese holding.

(XVII)

Airports and aviation

Medium traffic control

reason

22. The construction and operation of civil airports are controlled by the Chinese side.

23. Investment in air traffic control is prohibited. (eighteen) the postal industry. It is forbidden to invest in postal companies and domestic express delivery of letters. Seven, information transmission, software and information technology services

(XIX)

telecom

25. Telecom companies: Limited to the telecom services that China promised to open after China's accession to the WTO, the foreign share ratio of value-added telecom services shall not exceed.

More than 50% (except e-commerce), the basic telecommunications business must be controlled by the Chinese side.

(20)

Internet and

related service

26. It is forbidden to invest in Internet news information services, online publishing services, online audio-visual program services and Internet texts.

Cultural management (except music), Internet public release information services (among the above services, China's commitment to WTO

Except for the content that has been opened in China). Eight, the financial industry

(2 1)

capital market

service

27. The ratio of foreign shares of securities companies shall not exceed 565,438+0%, and the ratio of foreign shares of securities investment fund management companies shall not exceed.

5 1%。 (202 1 Cancel the restriction on the ratio of foreign shares)

28. The foreign share ratio of a futures company shall not exceed 5 1%. (202 1 Cancel the restriction on the ratio of foreign shares) (22) Insurance industry 29. The foreign share ratio of life insurance companies shall not exceed 5 1%. (202 1 Cancel the restriction on the ratio of foreign shares) IX. Leasing and business services

(23)

Legal services

30. It is forbidden to invest in legal affairs in China (except for providing information on the impact of the legal environment in China).

Partner of domestic law firm.

(24)

Consultation and adjustment

Cha 3 1。 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.

32. It is forbidden to invest in social surveys. X. Scientific Research and Technical Service Industry

Special management measures in the field of serial number

(25)

Research and testing

Clinical development 33. It is forbidden to invest in the development and application of human stem cells and gene diagnosis and treatment technologies.

34. It is forbidden to invest in research institutions of humanities and social sciences.

(26)

Professional technology

service industry

35. It is forbidden to invest in geodesy, marine surveying and mapping, surveying and mapping aerial photography, ground motion measurement and administrative boundaries.

Surveying and mapping, topographic map, world administrative map, national administrative map, provincial and below administrative map, country

Compilation of teaching maps, local teaching maps, true three-dimensional maps and navigation electronic maps, and regional geology

Cartography, mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geological disasters, remote

Geological survey. Eleven, water conservancy, environment and public facilities management industry

(27)

Wild animal cultivation

material protection

36. It is forbidden to invest in the development of wildlife resources that are protected by the state and originated in China.

Twelve. education

(28)

education

37. Preschool, ordinary 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

The Chief Administrative Officer shall have China nationality and be a member of the board of directors, the board of directors or the joint management committee.

Party member shall not be less than 1/2).

38. It is forbidden to invest in compulsory education institutions and religious education institutions. Thirteen. Health and Social Work (XXIX) Health 39. Medical institutions are limited to joint ventures and cooperation. Fourteen Culture, sports and entertainment industry

(30)

News and publication

40. It is forbidden to invest in news organizations (including but not limited to news agencies).

4 1. It is forbidden to invest in the editing, publishing and production of books, newspapers, periodicals, audio-visual products and electronic publications.

Service.

(3 1)

Radio and television

Broadcast, transmit

Transmission and control

Work and management

42. It is forbidden to invest in radio stations, television stations, radio and television channels (rates) and radio stations at all levels.

Video transmission coverage network (transmitting station, relay station, radio and television satellite, satellite uplink station, satellite transceiver station,

Microwave stations, monitoring stations and cable radio and television transmission coverage networks. ), and it is forbidden to engage in radio and television video on demand.

Installation services for commercial and satellite TV broadcasting ground receiving facilities.

43. It is forbidden to invest in companies that produce and operate radio and television programs (including the introduction of business).

(32)

Film system

Make, send

Line, projection

44. The construction and operation of cinemas must be controlled by the Chinese side.

45. It is forbidden to invest in film production companies, distribution companies, cinema companies and film import business. Cultural relics protection. It is forbidden to invest in auction companies, cultural relics shops and state-owned cultural relics museums.

(34)

Cultural entertainment

47. The performance brokerage institution shall be controlled by the Chinese side.

48. It is forbidden to invest in cultural performance groups.