Special Management Measures for Foreign Investment Access in the Pilot Free Trade Zone (Negative List)
1. Agriculture, Forestry, Animal Husbandry and Fisheries
(1)
Seed industry
1. It is prohibited to invest in the research and development, breeding, planting and related propagation of my country’s rare, unique and precious excellent varieties (including excellent genes in planting, animal husbandry and breeding industries) Production of materials.
2. It is prohibited to invest in the breeding of genetically modified varieties of crops, livestock, 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 China.
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 municipal government.
6. Applications for the introduction of fishing nets and tools for fishing vessels operating in jurisdictional waters through cooperation or joint ventures are not approved.
Second, Mining Industry
(3)
Exclusive Economic Zone and Continental Shelf Exploration and Development
7. In China’s Exclusive Economic Zone Exploration and development of natural resources on China's 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. Petroleum and natural gas (including oil shale, oil sand, shale gas, coal bed methane and other unconventional Oil and gas) exploration and development are limited to joint ventures and cooperation.
(5)
Mining and beneficiation of rare earths and rare minerals
9. It is prohibited to invest in rare earth exploration, mining and beneficiation; it is prohibited to enter rare earth without permission Mining areas or access to mine geological data, ore samples and production technology.
10. Investment in 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)
Mining and beneficiation of metallic and non-metallic minerals
12. Exploration and mining of precious metals (gold, silver and platinum group) are restricted .
13. The mining and beneficiation of lithium ore are restricted.
14. Graphite exploration and mining are restricted.
Third, manufacturing industry
(7)
Aviation manufacturing industry
15. Design, manufacturing and production of mainline and regional aircraft Maintenance, design and manufacturing of civil helicopters of 3 tons and above, design and manufacturing of ground and water-effect aircraft, design and manufacturing of unmanned aircraft and aerostats, are controlled by the Chinese side.
16. The design, manufacturing and maintenance of general aircraft are limited to joint ventures and cooperation.
(8)
Shipbuilding
17. The manufacturing of medium and low-speed marine diesel engines and crankshafts should be controlled by the Chinese side.
18. The manufacturing and repair of offshore engineering equipment (including modules) should be controlled by the Chinese side.
19. The repair, design and manufacturing of ships (including sections) are restricted and must be controlled by China.
(9)
Automobile manufacturing
20. The manufacturing of complete vehicles and special-purpose vehicles belongs to the restricted category, and the Chinese shareholding ratio is not less than 50%; the same foreign country Investors can establish two or less joint ventures in China to produce the same vehicle product (passenger cars and commercial vehicles). If merged with a Chinese joint venture partner, it is not subject to the restrictions of two joint venture companies.
21. The products produced by newly built pure electric passenger vehicle manufacturers must use their own brands, have independent intellectual property rights, and have authorized relevant invention patents.
(10)
Rail transit equipment manufacturing
22. Rail transit equipment manufacturing is limited to joint ventures and cooperation (except for high-speed railways, passenger dedicated lines, and intercity railway supporting Research, design, and manufacturing of passenger service facilities and equipment, 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 discharge equipment).
23. The localization rate of urban rail transit project equipment must reach 70% or above.
(11)
Communication equipment manufacturing
24. The design and manufacturing of civilian satellites and the manufacturing of civilian satellite payloads are controlled by China.
25. Restrict the production of satellite TV broadcasting ground receiving facilities and key components.
(12)
Mineral smelting and rolling
26. Restrictions on tungsten, molybdenum, tin (except tin compounds), antimony (including antimony oxide, antimony sulfide ) and other rare metal smelting.
27. Rare earth smelting and separation are restricted and limited to joint ventures and cooperation.
28. Investment in the smelting and processing of radioactive minerals is prohibited.
(13)
Pharmaceutical manufacturing
29. Investment and processing are prohibited and included in the "Regulations on the Protection and Management of Wild Medicinal Material Resources" and the "List of Rare and Endangered Protected Plants in China" of Chinese medicinal materials.
30. It is prohibited to invest in the application of steaming, frying, roasting and other processing technologies of traditional Chinese medicine pieces and the production of confidential formula 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. Production and supply industry of electricity, heat, gas and water
(15)
Atomic energy
32. Nuclear power plant The construction and operation of the project should be controlled by the Chinese side.
33. The production, operation, 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)
Pipeline network facilities
35. The construction and operation of urban gas, heat, water supply and drainage pipe networks in cities with a population of more than 500,000 are subject to Restrictions must be controlled by the Chinese party.
36. The construction and operation of the power grid are controlled by the Chinese party.
Verb (abbreviation of verb) wholesale and retail trade
(17)
Franchise and franchise rights
37 .Implement tobacco monopoly system. The production, sales, import and export of tobacco specialty products (cigarettes, cigars, cut tobacco, recured tobacco leaves, tobacco leaves, cigarette papers, filter rods, tobacco tows, and tobacco special machinery) are subject to monopoly management and a tobacco monopoly license system is implemented. . It is prohibited to invest in the wholesale and retail sales of tobacco leaves, cigarettes, recured tobacco leaves and other tobacco products.
38. Central grain (oil) reserves are subject to a franchise system. China Grain Reserves Management Corporation is specifically responsible for the acquisition, storage, operation and management of central grain reserves (including central oil reserves).
39. The sales of duty-free goods shall be subject to franchise operation and centralized management.
40. Franchise the issuance and sale 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)
Automobile transportation
41. Road passenger transport companies are restricted.
(19)
Railway Transportation
42. The construction and operation of the main railway network are controlled by the Chinese party.
43. Railway passenger transport companies are subject to restrictions and must be controlled by the Chinese party.
(20)
Water transport
44. Water transport companies (except international shipping companies established in the Shanghai Pilot Free Trade Zone) are restricted and must be owned by the Chinese side Holding shares shall not engage in the following businesses: (1) China's domestic water transport business, including leasing Chinese ships or cabins to operate water transport business in disguise; (2) Domestic ship management, waterway passenger transport agency and waterway cargo transport agency business.
45. The foreign shareholding ratio shall not exceed 565,438+0%.
46. Foreign ship tally 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 with permission from the Chinese municipal government.
48. Marine transportation and towage between Chinese ports are operated by ships flying the flag of the People's Republic of China. Foreign ships engaged in maritime transportation and towing between Chinese ports must obtain approval from the Chinese government.
(21)
Public air transport
49 * * *Air transport enterprises must be controlled by the Chinese party, and the ownership of a single foreign investor (including its affiliated enterprises) The investment proportion shall not exceed 25%.
50. The chairman and legal representative of a public air transport enterprise shall be Chinese citizens.
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 specified in the bilateral transport agreements signed by China and other contracting parties.
(22)
Specialized 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 party .
54. The legal representative of a general aviation enterprise shall 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.
(23)
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 controlled by the Chinese party.
(24)
Postal Services
58. It is prohibited to invest in postal enterprises and operate postal services.
59. Domestic express delivery of letters is prohibited.
7. Information transmission, software and information technology services
(25)
Telecommunications transmission services
60. Telecommunications companies belong to The restricted category is limited to the telecommunications services that China promised to open after joining the WTO. Among them, the proportion of foreign investment in value-added telecommunications services (excluding e-commerce) shall not exceed 50%, and the basic telecommunications business operators shall be companies established in accordance with the law that specialize in basic telecommunications services, and the company's Chinese shares or shares shall not be less than 565,438+0 %.
(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 (music Except), Internet access service business premises, and Internet public information release services (except for content that has been opened in my country's WTO accession commitments).
62. It is prohibited to engage in the compilation and publication of Internet maps (except for the content that has been opened up in my country's WTO accession commitments).
63. If Internet news information service units cooperate with foreign investors involving Internet news information services, they should report to the Chinese municipal government for security assessment.
8. Financial Industry
(27)
Requirements for bank shareholder institution types
64. Foreign investment in financial institutions in the banking industry The person should be a financial institution or a specific type of institution. Specific requirements:
(1) 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 shareholder of the foreign-funded bank should be a commercial bank;
< p>(2) Financial institutions should invest in Chinese-funded commercial banks and trust companies;(3) Foreign-funded banks should invest in rural commercial banks, rural cooperative banks, rural credit cooperatives and village and town 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) Currency brokerage companies should invest in them;
(7) Financial institutions should invest in financial asset management companies and shall not participate in the establishment of financial asset management companies;
(8) Financial institutions must comply with laws and regulations Not clear on.
(28)
Bank qualification requirements
65. Foreign investors investing in banking financial institutions must meet certain total asset requirements, 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, rural cooperative banks, rural credit Foreign investors of cooperatives, rural banks, trust companies, financial leasing companies, loan companies, and financial asset management companies;
(3) Foreign investors of other banking financial institutions to which laws and regulations are not clearly applicable.
66. Foreign investors investing in currency brokerage companies must meet certain conditions such as relevant business years, global institutional network and information communication network.
(29)
Bank stock ratio requirements
67. Foreign capital participation in Chinese commercial banks, rural commercial banks, rural cooperative banks, and rural credit cooperatives , financial asset management companies and other banking financial institutions are subject to restrictions on single shareholders and total shareholding ratios.
(30)
Foreign banks
68. In addition to meeting the type and qualification requirements of shareholder institutions, foreign banks are also subject to the following conditions:
p>
(1) Branches of foreign banks shall not engage in the "issuance, redemption, underwriting of government bonds", "receipt and payment of payments", "engage in bank card business" and other businesses permitted by the "Commercial Bank Law of the People's Republic of China". RMB business for citizens in China, except that it can accept time deposits of not less than RMB 6.5438 million per transaction from citizens in China.
(2) Foreign bank branches shall allocate working capital free of charge from the head office, and part of the working capital shall exist in specific forms and comply with corresponding management requirements;
(3) Foreign bank branches must Meet the requirement of 8% RMB working capital adequacy ratio;
(4) Foreign-funded banks approved to operate RMB business must meet the minimum opening time requirements.
(31)
Futures Company
69. Futures companies are subject to restrictions and must be controlled by the Chinese party.
(32)
Securities companies
70. Restrict securities companies, with the proportion of foreign capital not exceeding 49%.
71. A single foreign investor’s shareholding ratio (including direct holding and indirect holding) in a listed domestic securities company shall not exceed 20%; all foreign investors’ shareholding (including direct holding and indirect control) ) The proportion of shares in domestic listed securities companies shall not exceed 25%.
(33)
Securities Investment Fund Management Companies
72. Restrict securities investment fund management companies to a limit of 49% of foreign investment.
(34)
Securities and futures trading
73. It is prohibited to become an ordinary member of a stock exchange or a member of a futures exchange.
74. It is not allowed to apply to open A-share securities accounts and futures accounts.
(35)
Establishment of insurance institutions
75. Restrictions on insurance companies (the proportion of foreign investment in life insurance companies shall not exceed 50%), and domestic insurance companies shall hold The shares of an insurance asset management company shall not be less than 75%.
76. Foreign-funded 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 business requirements stipulated by the Chinese insurance regulatory authorities. years and total assets.
(36)
Insurance business
77. Without the approval of China’s insurance regulatory authorities, foreign-funded insurance companies are not allowed to carry out reinsurance ceding or subcontracting with their affiliates business.
9. Leasing and business services
(37)
Accounting and auditing
78. Serve as the chief executive of a special general partnership accounting firm Partners (or those who perform other positions with the highest management responsibilities) must have Chinese nationality.
(38)
Legal Services
79. Foreign law firms can only enter China in the form of representative offices, and must establish and station representative offices in China. Approved by the judicial administration department of China.
80. It is prohibited to engage in legal affairs in China and to become 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 measurement
82. Implement a foreign-related investigation agency accreditation system and a foreign-related social investigation project approval system.
83. Investment in social surveys is prohibited.
84. Market research is restricted and is limited to joint ventures and cooperation, among which radio and television listening and ratings surveys must be controlled by the Chinese party.
85. Grading services are restricted.
(Forty)
Other commercial services
86. The legal representative of a private immigration agency must have permanent residence in China and have Chinese citizens with full capacity for civil conduct.
X. Scientific research and technical services
(41)
Professional technical services
87. Investment in compilation of geodetic surveys, Marine surveying and mapping, surveying and mapping aerial photography, surveying and mapping administrative area boundaries, topographic maps, world administrative area maps, national administrative area maps, provincial and below administrative area maps, national teaching maps, local teaching maps and true three-dimensional maps, compilation of navigation electronic maps, As well as regional geological mapping, mineral geology, geophysics, geochemistry, hydrogeology, environmental geology, geological hazards and remote sensing geology.
88. Surveying and mapping companies are subject to restrictions and must be controlled by Chinese parties.
89. Investment in the development and application of human stem cells and gene diagnosis and treatment technology 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. Prohibited investment Develop nationally protected wildlife resources native to my country.
92. It is prohibited to collect or purchase wild plants under national key protection.
Twelve. Education
(43)
Education
93. Foreign educational institutions, other organizations or individuals are not allowed to independently establish schools and other schools whose main enrollment targets are Chinese citizens. Educational institutions (excluding non-academic vocational skills training).
94. Foreign educational institutions can cooperate with educational institutions in China 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:
p>(1) Educational institutions that implement compulsory education and special fields such as military, police, government, and party schools are not allowed to be established;
(2) Foreign religious organizations, religious schools, and religious clergy Cooperative education activities are not allowed in China, and Chinese-foreign cooperative education institutions are not allowed to carry out religious education and religious activities;
(3) Ordinary high school education institutions, colleges and universities and preschool education are restricted and must be led by the Chinese side (principal) Or the main administrative person in charge should have Chinese nationality and settle in China; the Chinese members of the board of directors, council or joint management committee should not be less than 1/2; educational and teaching activities and course materials must comply with relevant laws, regulations and regulations of my country).
Thirteen. Health and Social Work
(44)
Medical
95. Medical institutions are limited to joint ventures and partnerships.
Fourteen. Culture, sports and entertainment industries
(45)
Broadcasting, transmission, production and operation of radio and television
96. Investment in the establishment and operation of radio stations is prohibited ( station), television station (station), radio and television channels and time slots, radio and television transmission coverage network (radio and television transmitting stations, relay stations [including differential turntables, receiving turntables], radio and television satellites, satellite receiving and transmitting stations, microwave stations, monitoring stations [station] and cable radio and television transmission coverage network, etc.), and are prohibited from engaging in radio and television video on demand.
97. Investment in radio and television program production and operation companies is prohibited.
98. An approval system will be implemented for the launch of overseas satellite channels. The introduction of overseas TV dramas and other overseas TV programs through satellite transmission must be reported by the unit designated by the State Administration of Press, Publication, Radio, Film and Television.
99. A licensing system is implemented 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 municipal government.
102. Services provided by foreign news agencies in China must be approved by the Chinese government.
103. It is prohibited to invest in the publication and production of books, newspapers, periodicals, audio-visual products and electronic publications; it is prohibited to operate newspaper pages.
104. Business cooperation between Chinese and foreign news organizations and Chinese-foreign cooperative news and publishing projects must be led by the Chinese side and approved by the Chinese municipal government (with the approval of the Chinese municipal government, domestic scientific and technological journals are allowed to establish copyrights with overseas journals The cooperation period shall not exceed 5 years. If the cooperation period needs to be extended, they must reapply for approval (China has the final say on the content, and foreign personnel are not allowed to participate in the editing and publishing activities of Chinese journals).
105. It is prohibited to engage in the import business of cultural products such as movies, radio and television programs, artworks, digital document databases and their publications (except for the content that has been opened in my country's WTO commitments).
106. The printing of publications is restricted and must be controlled by China.
107. It is prohibited to provide financial information services in China without the approval of the Chinese government.
108. Overseas media (including foreign and Hong Kong, Macao and Taiwan 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 Establish an agency or editorial office in China. If it is really necessary to establish an office, it must be approved.
(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 movie theaters must be controlled by the Chinese party. Movie screenings should comply with the ratio of screening time for domestic films and imported films stipulated by the Chinese government. The screening unit shall screen domestic films every year for no less than two-thirds of the total screening time of the films throughout the year.
(48)
Intangible cultural heritage, cultural relics and archeology
112. It is prohibited to invest in auction companies that operate cultural relic auctions and cultural relic purchase and sales companies.
113. It is prohibited to invest and operate state-owned cultural relics museums.
114. It is prohibited to transfer, mortgage or lease to foreigners immovable cultural relics and cultural relics prohibited from leaving the country.
115. It is prohibited to establish and operate intangible cultural heritage investigation agencies.
116. Overseas organizations or individuals conducting intangible cultural heritage surveys, archaeological surveys, exploration and excavations in China must cooperate with China and obtain special approval.
(49)
Cultural and Entertainment
117. The establishment of theatrical performance groups is prohibited.
118. Performance agencies are subject to restrictions and must be controlled by Chinese parties (except those that provide services to the province and city).
The construction and operation of large theme parks are restricted.
15. All industries
(Fifty)
All industries
120. Individual industrial and commercial households or sole proprietorships are not allowed Engage in business activities as investors or members of farmers' professional cooperatives.
121. Foreign-invested partnerships shall not be established in the prohibited categories of the "Foreign Investment Industry Catalog" and marked "limited to joint ventures", "limited to cooperation", "limited to joint ventures and cooperation", "Chinese party holding", "Chinese party "relative holding" and projects with foreign investment ratio requirements.
122. Foreign investors’ mergers and acquisitions of domestic enterprises, foreign investors’ strategic investments in listed companies, and foreign investors’ capital contributions to establish and change foreign-invested projects and enterprises with their shares in domestic enterprises shall be handled in accordance with current regulations.
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