1. Agriculture, forestry, animal husbandry and fishery
(1)
Seed industry
1. It is forbidden to invest in the research and development, breeding, planting and production of related propagation materials of rare and precious varieties in China (including excellent genes in planting, animal husbandry and aquaculture).
2. 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).
3. The cultivation of new crop varieties and seed production are restricted and must be controlled by the Chinese side.
4. collection of crop germplasm resources is prohibited without approval.
(2)
Fishing
5. Fishing activities in the waters under the jurisdiction of China must be approved by the China Municipal Government.
6. it is not allowed to apply for the introduction of fishing nets and tools for fishing boats operating in the waters under jurisdiction by means of cooperation or joint venture.
Second, mining industry
(3)
Exploration and development of exclusive economic zone and continental shelf
7. Exploration and development of natural resources in China's exclusive economic zone and continental shelf or drilling for any purpose in China's continental shelf must be approved by the China government.
(4)
Oil and gas exploitation
8. The exploration and development of oil and gas (including unconventional oil and gas such as oil shale, oil sands, shale gas and coalbed methane) is limited to joint ventures and cooperation.
(5)
Mining and mineral processing of rare earth and rare minerals
9. It is forbidden to invest in rare earth exploration, mining and mineral processing; Without permission, it is forbidden to enter rare earth mining areas or obtain mine geological data, ore samples and production technology.
1. It is forbidden to invest in the exploration and exploitation of tungsten, molybdenum, tin, antimony and fluorite.
11. It is forbidden to invest in the exploration, mining and mineral processing of radioactive minerals.
(6)
Mining and mineral processing of metallic and nonmetallic minerals
12. The exploration and mining of precious metals (gold, silver and platinum group) are restricted.
13. The mining and beneficiation of lithium ore are restricted.
14. The exploration and exploitation of graphite are restricted.
Third, manufacturing
(7)
Aviation manufacturing
15. The design, manufacture and maintenance of trunk and regional aircraft, civil helicopters of 3 tons and above, ground and water-efficient aircraft, unmanned aerial vehicles and aerostats are controlled by the Chinese side.
16. The design, manufacture and maintenance of general-purpose aircraft are limited to joint ventures and cooperation.
(8)
Shipbuilding
17. The manufacture of marine low-speed diesel engines and crankshafts should be controlled by the Chinese side.
18. The manufacture and repair of offshore engineering equipment (including modules) shall be controlled by the Chinese side.
19. The repair, design and manufacture of ships (including sections) are restricted and must be controlled by the Chinese side.
(9)
Automobile manufacturing
2. The manufacturing of complete vehicles and special purpose vehicles is restricted, and the proportion of Chinese shares is not less than 5%; The same foreign investor can establish two or less joint ventures in China to produce the same vehicle products (passenger cars and commercial vehicles). If it is merged with a Chinese joint venture partner, it will not be restricted by the two joint ventures.
21. The products produced by the newly-built pure electric passenger car manufacturer must use their own brands, have independent intellectual property rights, and have authorized relevant invention patents.
(1)
Rail transit equipment manufacturing
22. Rail transit equipment manufacturing is limited to joint ventures and cooperation (except research, design and manufacturing of passenger service facilities and equipment supporting high-speed railways, passenger dedicated lines and intercity railways, research, design and manufacturing of road and bridge equipment related to high-speed railways, passenger dedicated lines and intercity railways, manufacturing of electrified railway equipment and equipment, and manufacturing of railway passenger car sewage equipment).
23. The localization rate of urban rail transit project equipment must reach 7% or above.
(11)
Manufacture of communication equipment
24. The design and manufacture of civil satellites and the manufacture of their payloads are controlled by the Chinese side.
25. restrict the production of ground receiving facilities and key parts for satellite TV broadcasting.
(12)
Mineral smelting and rolling
26. Restrict the smelting of rare metals such as tungsten, molybdenum, tin (except tin compounds) and antimony (including antimony oxide and antimony sulfide).
27. The smelting and separation of rare earths are restricted to joint ventures and cooperation.
28. It is forbidden to invest in the smelting and processing of radioactive minerals.
(13)
Pharmaceutical manufacturing
29. It is forbidden to invest in and process Chinese herbal medicines listed in the Regulations on the Protection and Management of Wild Medicinal Resources and the List of Rare and Endangered Protected Plants in China.
3. It is forbidden to invest in the application of processing technologies such as steaming, frying and baking Chinese herbal pieces and the production of confidential formula products of Chinese patent medicines.
(14)
Other manufacturing industries
31. It is forbidden to invest in traditional ethnic handicrafts such as ivory carving, tiger bone processing, rice paper, and Mo Ding production.
IV. Production and supply of electricity, heat, gas and water
(15)
Atomic energy
32. The construction and operation of nuclear power plants should be controlled by the Chinese side.
33. The production, management, import and export of nuclear fuel, nuclear materials, uranium products and related nuclear technologies are monopolized by qualified central enterprises.
34. Only state-owned or state-controlled enterprises can engage in radioactive solid waste disposal activities.
(16)
pipe network facilities
35. The construction and operation of gas, heat, water supply and drainage networks in cities with a population of more than 5, are restricted and must be controlled by the Chinese side.
36. The construction and operation of the power grid is controlled by the Chinese side.
verb (abbreviation of verb) wholesale and retail trade
(17)
franchise and franchise
37. Implement tobacco monopoly system. The production, sales, import and export of tobacco monopoly products (cigarettes, cigars, cut tobacco, redried tobacco leaves, tobacco leaves, cigarette paper, filter rods, cigarette tow and special machinery for tobacco) shall be subject to monopoly management, and a tobacco monopoly license system shall be implemented. It is forbidden to invest in the wholesale and retail of tobacco products such as tobacco leaves, cigarettes and redried tobacco leaves.
38. The central grain reserves (oil) shall be franchised. China Grain Reserve Management Corporation is specifically responsible for the acquisition, storage, operation and management of central grain reserves (including central reserve oil).
39. The sales of duty-free commodities shall be franchised and centrally managed.
4. Franchise the issuance and sale of lottery tickets, and prohibit the issuance and sale of overseas lottery tickets in People's Republic of China (PRC).
VI. Transportation, warehousing and postal services
(18)
Automobile transportation
41. Road passenger transport companies are restricted.
(XIX)
Railway transportation
42. The construction and operation of the railway trunk road network is controlled by the Chinese side.
43. The railway passenger transport company is restricted and must be controlled by the Chinese side.
(2)
Waterway
44. Waterway transportation companies (except international shipping companies established in Shanghai Pilot Free Trade Zone) are restricted and must be controlled by the Chinese side, and they are not allowed to engage in the following businesses: (1) China's domestic waterway transportation business, including renting China ships or shipping spaces to operate waterway transportation business in disguise; (2) Domestic ship management, waterway passenger transport agency and waterway cargo transport agency business.
45. The ratio of foreign shares shall not exceed 565,438+%.
46. ocean shipping tally is limited to joint ventures and cooperation.
47. Waterway transport operators are not allowed to use foreign vessels to conduct domestic waterway transport business, except under special circumstances with the permission of China Municipal Government.
48. Maritime transportation and towing between ports in China are operated by ships flying National Flag of the People's Republic of China. Foreign ships engaged in maritime transport and towing between China ports must be approved by the China Municipal Government.
(21)
Public air transport
49 * * * Air transport enterprises must be controlled by the Chinese side, and the investment ratio of a single foreign investor (including its affiliated enterprises) shall not exceed 25%.
5. The chairman and legal representative of a public air transport enterprise shall be citizens of China.
51. Foreign aircraft operators are not allowed to engage in transportation between two points in China.
52. Only carriers designated by China can operate the bilateral air transport market stipulated in the bilateral transport agreements signed between China and other contracting parties.
(22)
Special aviation
53. Joint ventures are allowed to invest in general aviation enterprises specializing in agriculture, forestry and fishery operations, and other general aviation enterprises must be controlled by the Chinese side.
54. The legal representative of a general aviation enterprise shall be a citizen of China.
55. Foreign aircraft or foreigners are prohibited from engaging in general aviation flight in important professional fields such as aerial photography, remote sensing mapping and mineral resources exploration.
(23)
Civil airports and air traffic control
56. It is forbidden to invest in the operation of air traffic control systems.
57. The construction and operation of civil airports must be controlled by the Chinese side.
(24)
Postal services
58. It is forbidden to invest in postal enterprises and operate postal services.
59. It is forbidden to engage in domestic express mail service.
VII. Information transmission, software and information technology services
(25)
Telecommunication transmission services
6. Telecommunication companies belong to the restricted category, which is limited to the telecommunication services that China promised to open after its accession to the WTO. Among them, the proportion of foreign investment in value-added telecommunications services (except e-commerce) shall not exceed 5%, and the operators of basic telecommunications services shall be legally established companies specializing in basic telecommunications services, and the company China owns shares or shares of not less than 565,438+%.
(26)
Internet and related services
61. It is forbidden to invest in Internet news services, online publishing services, online audio-visual program services, online cultural management (except music), Internet service business premises, and Internet public information publishing services (except the contents that have been opened in China's WTO commitments).
62. It is forbidden to engage in the compilation and publication of Internet maps (except the contents that have been opened in China's WTO accession commitments).
63. if the cooperation between internet news information service units and foreign investors involves internet news information services, it shall be reported to the China municipal government for safety assessment.
VIII. Financial industry
(27)
Requirements for the types of bank shareholders' institutions
64. Foreign investors investing in banking financial institutions should be financial institutions or specific types of institutions. Specific requirements:
(1) The shareholders of a wholly foreign-owned bank and a foreign shareholder of a Sino-foreign joint venture bank shall be financial institutions, and the sole or controlling/major shareholder of the foreign bank shall be a commercial bank;
(2) financial institutions should invest in Chinese-funded commercial banks and trust companies;
(3) Foreign banks should invest in rural commercial banks, rural cooperative banks, rural credit cooperatives and rural banks;
(4) financial institutions or financial leasing companies should invest in financial leasing companies;
(5) The main investors of consumer finance companies should be financial institutions;
(6) Money brokerage companies should invest in it;
(7) financial institutions shall invest in financial asset management companies and shall not participate in initiating the establishment of financial asset management companies;
(8) Financial institutions are unclear in laws and regulations.
(28)
Bank qualification requirements
65. Foreign investors must meet certain total assets requirements when investing in banking financial institutions, including:
(1) the sole or controlling/major shareholder of a foreign-funded corporate bank and the parent bank of a foreign bank branch;
(2) overseas investors of Chinese-funded commercial banks, rural commercial banks, rural cooperative banks, rural credit cooperatives, village banks, trust companies, financial leasing companies, loan companies and financial asset management companies;
(3) overseas investors of other banking financial institutions that are not explicitly applicable by laws and regulations.
66. Foreign investors must meet certain conditions such as relevant business years, global institutional network and information and communication network when investing in currency brokerage companies.
(XXIX)
Bank stock ratio requirements
67. Foreign participation in Chinese-funded commercial banks, rural commercial banks, rural cooperative banks, rural credit cooperatives, financial asset management companies and other banking financial institutions is limited by the single shareholder and the total shareholding ratio.
(3)
Foreign banks
68. In addition to meeting the requirements of the types and qualifications of shareholder institutions, foreign banks are also restricted by the following conditions:
(1) Foreign bank branches are not allowed to engage in the business of "issuing, paying and underwriting government bonds", "receiving and paying money" and "engaging in bank card business" permitted by the People's Republic of China (PRC) Commercial Bank Law.
(2) The branch of a foreign bank shall allocate the working capital free of charge by the head office, and part of the working capital shall exist in a specific form and meet the corresponding management requirements;
(3) branches of foreign banks must meet the requirement of RMB working capital adequacy ratio of 8%;
(4) Foreign banks that are allowed to operate RMB business must meet the minimum opening time requirement.
(31)
Futures companies
69. Futures companies are restricted and must be controlled by the Chinese side.
(32)
Securities companies
7. Restrict securities companies, and the proportion of foreign investment shall not exceed 49%.
71. The shareholding ratio of a single foreign investor in a listed domestic securities company (including direct holding and indirect holding) shall not exceed 2%; The proportion of all foreign investors holding (including direct holding and indirect control) shares of domestic listed securities companies shall not exceed 25%.
(33)
Securities investment fund management companies
72. Restrict securities investment fund management companies, and the proportion of foreign investment shall not exceed 49%.
(34)
Securities and futures trading
73. It is forbidden to become an ordinary member of a stock exchange or a member of a futures exchange.
74. You are not allowed to apply for opening A-share securities accounts and futures accounts.
(35)
Establishment of insurance institutions
75. Restrict insurance companies (the proportion of foreign-invested life insurance companies shall not exceed 5%), and domestic insurance companies shall hold no less than 75% of the shares of insurance asset management companies.
76. Foreign-funded insurance companies applying for the establishment of foreign-funded insurance companies, as well as overseas financial institutions investing in insurance companies (except those that purchase shares of listed insurance companies through stock exchanges), must meet the operating years and total assets stipulated by China's insurance regulatory authorities.
(36)
Insurance business
77. Without the approval of China's insurance regulatory authorities, a foreign-funded insurance company may not engage in reinsurance ceding or subcontracting business with its affiliated enterprises.
IX. Leasing and business services
(37)
Accounting audit
78. To be the chief partner of a special general partnership accounting firm (or perform other duties with the highest management responsibilities), you must have China nationality.
(38)
Legal services
79. Foreign law firms can only enter China in the form of representative offices and set up branches in China.