Special Administrative Measures for Foreign Investment Access (Negative List) (2018 version)

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Number Field Special Management Measures
I. Agriculture, Forestry, Animal Husbandry and Fishery
 

 

(1)

 

 

Seed industry

1. The Chinese side must have a controlling interest in new varieties of wheat and corn, and of seed production.

2. 禁止投资中国稀有和特有的珍贵优良品种的研发、养殖、种植以及相关繁殖材料的生产(包括种植业、畜牧业、水产业的优良基因)。

3. Investment in genetically modified crops, livestock and poultry, and aquaculture, and the production of genetically modified seeds (sprouts) is prohibited.

(2) Fishing 4. Investment is prohibited in fishing of aquatic products in China's maritime jurisdictional waters and inland waters.
II. Mining Industry
 

(3)

Petroleum and Natural Gas Extraction 5. Exploration and extraction of oil, natural gas (including coal bed methane, but excluding oil shale, oil sands, and shale gas), is limited to joint ventures or cooperation.
 

 

(4)

Mining of non-ferrous metal ores or non-metallic ores, and mining support activities  

6. Investment is prohibited in exploration and extraction of tungsten, molybdenum, tin, antimony and fluorite.

7. Investment is prohibited in rare earth exploration, mining and mineral processing.

8. Investment in radioactive mineral exploration, mining and mineral processing.

III. Manufacturing Industry
(5) Printing Industry 9. The Chinese side must have a controlling interest in publishing and printing.
 

(6)

Nuclear fuel and nuclear radiation processing  

10. Investment is prohibited in radioactive mineral smelting, or processing and nuclear fuel production.

 

(7)

Processing of Chinese medicine preparations and production of patented Chinese Patent Medicines 11.禁止投资中药饮片的蒸、炒、炙、煅等炮制技术的应用及中成药保密处方产品的生产。
 

(8)

 

Automotive Manufacturing

12.除专用车、新能源汽车外,汽车整车制造的中方股比不低于50%,同一家外商可在国内建立两家及两家以下生产同类整车产品的合资企业。(2020年取消商用车制造外资股比限制。2022年取消乘用车制造外资股比限制以及同一家外商可在国内建立两家及两家以下生产同类整车产品的合资企业的限制)
(9) Communications equipment manufacturing 13. Satellite television and radio ground receiving facilities and key component production.
(10) Other manufacturing industries 14. Investment in rice paper or ink ingot production is prohibited.
Number Field Special Management Measures
IV., Electricity, Heating, Gas and Water Production and Supply Industries
(11) Nuclear power generation 15. The Chinese side must have controlling interest in construction and operation of nuclear power plants.
(12) Pipeline facilities 16. The Chinese side must have a controlling interest in the construction and operation of municipal gas, heating, and sewage for cities with a population over 500,000.
V. Wholesale and Retail Industries
(13) Tobacco Products 17. Investment in tobacco leaves, rolling tobacco, tobacco re-drying, and other wholesale or resale sales of tobacco products is prohibited.
VI.Transport, storage and postal services
(14) Water Transportation 18. The Chinese side must have a controlling interest in domestic water transport companies.

19. The Chinese side must have a controlling interest in domestic shipping companies.

(15) Air passage and cargo transport 20. The public air transport companies must be controlled by Chinese party, the investment of a single foreign business and its affiliated enterprises' investment must not exceed 25%, and a Chinese national citizen must serve as the legally-designated representative.
(16) General Aviation Services 21.通用航空公司的法定代表人须由中国籍公民担任,其中农、林、渔业通用航空公司限于合资,其他通用航空公司限于中方控股。
 

(17)

Airport and air traffic management 22. The Chinese side must have a comparative controlling interest in the establishment and operation of civil airports.

23. Investment in air traffic control is prohibited.

(18) Postal services 24. Investment in mail companies, or domestic letter courier operations.
VII. Information transmission, software and information technology services industry
(19) Telecommunications 25.电信公司:限于中国入世承诺开放的电信业务,增值电信业务的外资股比不超过50%(电子商务除外),基础电信业务须由中方控股。
 

(20)

The Internet and related services 26.禁止投资互联网新闻信息服务、网络出版服务、网络视听节目服务、互联网文化经营(音乐除外)、互联网公众发布信息服务(上述服务中,中国入世承诺中已开放的内容除外)。
VII. Finance Industry
 

(21)

Capital market services 27. Foreign investment in securities companies is not to exceed 51%, and foreign investment in securities capital management companies is not to exceed 51%. (The restriction on foreign investment is to be abolished in 2021)

28. Foreign investment in futures companies is not to exceed 51%. (The restriction on foreign investment is to be abolished in 2021)

(22) Insurance industry 29. Foreign investment in life insurance companies must not exceed 51%. (the ration limit on foreign investment is to be abolished in 2021)
IX. leasing and business services
(23) Legal services 30. Investment in Chinese legal services (Except for provision of information related to the impact on Chinese legal environment) is prohibited, and one must not become a partner in a domestic law firm.
(24) Consulting and investigation 31. Market research is limited to joint ventures and cooperation, and the Chinese side must have a controlling interest in research on radio and television audiences.

32. Investment in public surveys is prohibited.

X. scientific research and technological services industries
Number Field Special Management Measures
(25) Research and experimental development 33. Investment in the development and use of human stem cells, gene diagnosis and treatment technologies is prohibitted.

34. Investment in Humanities and Social Science research institutions is prohibited.

 

 

(26)

 

 

Professional Technical Services

35.禁止投资大地测量、海洋测绘、测绘航空摄影、地面移动测量、行政区域界线测绘,地形图、世界政区地图、全国政区地图、省级及以下政区地图、全国性教学地图、地方性教学地图、真三维地图和导航电子地图编制,区域性的地质填图、矿产地质、地球物理、地球化学、水文地质、环境地质、地质灾害、遥感地质等调查。
XI. Water conservancy, environment and public facilities management industries
(27) Wildlife conservation 36. Investment in the development of wild flora and fauna resources that are under state protection and originating in China is prohibited.
XII. Education
 

 

(28)

 

 

Education

37.学前、普通高中和高等教育机构限于中外合作办学,须由中方主导(校长或者主要行政负责人应当具有中国国籍,理事会、董事会或者联合管理委员会的中方组成人员不得少于1/2)。

38. Prohibition on investment in compulsory education establishments or religious educational institutions.

XIII. Health and Social Work
(39) Health 39. Medical establishments are limited to joint ventures and cooperation.
14. Culture, sports, and entertainment
 

(30)

 

News publishing

40. Investment in news institutions (including but not limited to news agencies) is prohibited.,

41. Investment in the editing, publishing, or production of books, newspapers, periodicals, audio-visual products, and electronic publications in prohibited.

 

 

(31)

Radio and television broadcasting, transmission, production, management 42.禁止投资各级广播电台(站)、电视台(站)、广播电视频道(率)、广播电视传输覆盖网(发射台、转播台、广播电视卫星、卫星上行站、卫星收转站、微波站、监测台及有线广播电视传输覆盖网等),禁止从事广播电视视频点播业务和卫星电视广播地面接收设施安装服务。

43. Investment in radio and television program production (including the introduction operations) companies.

 

(32)

Film production, distribution, and exhibition 44. The Chinese side must have a controlling interest in the establishment and operation of movie theaters.

45. Investment in film production companies, distribution companies, and cinemas, as well as film introduction businesses, is prohibited.

(33) Cultural artifact preservation 46. Investment in auction companies that auction cultural artifacts, cultural artifact stores, and state-owned cultural museums is prohibited,
(34) Culture and entertainment 47. The Chinese side must have a controlling interest in performance talent management bodies.

48. Investment in cultural performance troupes is prohibited.

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